How to Claim Presumptive VA Benefits for Asbestos Exposure

If you served in the United States military, developed an asbestos-related condition, and served in a role that involved routine asbestos exposure, you may be entitled to receive presumptive VA benefits under the 2023 PACT Act. Veterans seeking presumptive benefits don’t always need to prove a direct causal link between service and their condition. An experienced veterans benefits attorney in Chicago, IL, can help you get the benefits you’ve earned.

Collect Your Medical Records

Your first step in establishing a claim to VA benefits related to asbestos exposure is collecting past and current medical records. These records will document any diagnoses, symptoms, and treatments for your asbestos exposure-related illness. Asbestos is associated with specific conditions like mesothelioma. With presumptive benefits, you don’t have to prove a direct link between service exposure and your condition.

You don’t have to prove that your condition is directly linked to service exposure to be eligible for presumptive benefits. Working with a Veterans’ Service Officer or a veterans benefits lawyer can help ensure your medical documentation is in order when the time comes to file your claim.

Gather Your Service Records

Your service documents will also be needed to file a claim for benefits, including your DD-214. The DD-214 documents critical details, such as where you were stationed, your job or specialty, and any asbestos-related activities that would put you at presumed risk for developing conditions linked to asbestos, like asbestosis or mesothelioma. Also, to claim VA benefits, you must have been honorably discharged, so discharge papers may also be helpful.

It can be helpful to create a summary of your lifetime exposure to asbestos to demonstrate that the majority of your exposure occurred during your military service. You’ll want to record when and where each instance of exposure occurred, if possible, and any details about the nature of the exposure could also support your claim. Your attorney or VSO can help you assemble a log of exposure throughout your service history.

Filing Your Claim

Once you, your VSO, and your attorney have collected the required documentation, you can submit your claim using VA Form 21-526EZ. The claim can be filed online or using traditional mail. If you already have a prior claim with the VA, you may be advised to file a Supplemental Claim.

After filing your claim, the VA will examine your records and determine whether you’ve experienced a condition based on asbestos exposure during your service term. If the VA confirms your diagnosis of a presumed asbestos-related condition, you will be assigned a disability rating between 1-100, expressed as a percentage. If your claim is denied for any reason, your VSO and attorney can file an appeal to secure any benefits you’re entitled to receive.

If you believe you have an asbestos-related condition linked to your service in any branch of the Armed Services, you may be entitled to presumptive benefits from the VA for your subsequent disability. To learn more about filing a claim for presumptive benefits related to asbestos exposure, contact the Commerford Law Office in Chicago, IL, today.

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