Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can a veteran file both a VA claim and a mesothelioma lawsuit?
Yes. A VA disability claim and a civil lawsuit are entirely separate legal tracks. VA benefits are a federal entitlement based on service connection; a civil lawsuit seeks compensation from the manufacturers and distributors of the asbestos products that caused exposure. Receiving VA benefits does not reduce or bar a civil recovery, and a civil settlement does not disqualify a veteran from VA benefits.
How does the New York statute of limitations work for mesothelioma?
Under CPLR §214-c, New York applies a discovery rule for latent diseases caused by toxic exposure: the three-year limitations period begins on the date of diagnosis (discovery), not the date of asbestos exposure, which may have occurred decades earlier. Because mesothelioma typically has a latency period of 20 to 50 years, this rule is essential—without it, most claims would be time-barred before symptoms ever appeared. Survivors of a deceased veteran may have a separate window under EPTL §5-4.1.
What VA benefits are available to veterans with mesothelioma?
Veterans whose mesothelioma is service-connected are eligible for VA disability compensation at the 100% rating level, VA health care including oncology treatment at VA facilities, and Dependency and Indemnity Compensation (DIC) for surviving spouses and dependents after the veteran’s death. Veterans may also qualify for a Special Monthly Compensation (SMC) payment if they need aid and attendance. Filing a fully developed claim with a nexus letter from a physician linking the diagnosis to military asbestos exposure speeds the VA adjudication process.
Which military branches had the highest asbestos exposure risk?
Navy veterans face the highest documented risk because asbestos was used extensively in shipbuilding—in engine rooms, boiler rooms, pipe insulation, and bulkheads—through the 1970s. Army and Marine Corps veterans were exposed through barracks construction, vehicle brake linings, and equipment. Air Force veterans encountered asbestos in aircraft insulation and base maintenance. Regardless of branch, any veteran who served before the mid-1980s and has a mesothelioma diagnosis may have a valid VA service-connection claim.