Asbestos Exposure Disability Lawyers for Veterans

For much of the 20th century, asbestos was widely used across the U.S. military, particularly in Navy ships, shipyards, aircraft, construction materials, and vehicle parts. Service members who worked around asbestos often did so without proper safety precautions—and without being warned of the long-term health risks.

Today, decades after exposure, many Veterans are facing life-threatening illnesses tied to asbestos, including mesothelioma, lung cancer, and asbestosis. These conditions are often slow to develop but devastating in their impact. Unfortunately, Veterans seeking VA disability benefits for asbestos-related illnesses frequently encounter delays, denials, or insufficient ratings.

Veterans Law Group helps Veterans appeal wrongful VA decisions and fight for the compensation and care they’ve earned. Our firm focuses exclusively on VA disability appeals, guiding Veterans through the complex legal and medical challenges of exposure-related claims.

Understanding Asbestos Exposure in Military Service

Asbestos is a fibrous mineral once praised for its durability, heat resistance, and fireproofing properties. It was commonly used in military settings, particularly between the 1930s and 1970s. While use declined by the 1980s, materials containing asbestos remained in place for decades—continuing to pose a risk to service members even after active installation had stopped.

Common Exposure Sources Among Veterans:

• Pipe insulation and boiler rooms aboard Navy ships
• Brake pads and clutches in military vehicles
• Aircraft insulation and engine components
• Construction materials in base housing and barracks
• Protective gear, gaskets, and fireproofing equipment
• Shipyards, maintenance facilities, and demolition sites

Asbestos exposure typically occurs when materials are disturbed, releasing microscopic fibers into the air. Inhaled or ingested fibers can become embedded in the lungs or other tissues, causing long-term damage that may not manifest for 20 to 50 years after exposure.

Who Is at Risk?

While Navy Veterans are the most commonly affected due to the extensive use of asbestos in ships and shipyards, exposure was not limited to any one branch or occupation. Veterans who worked in construction, maintenance, mechanics, aviation, engineering, or demolition could all have experienced hazardous exposure during service. Veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.

Even those who never directly handled asbestos-containing materials may have been exposed through shared workspaces, poorly ventilated environments, or contaminated clothing.

Common Conditions Linked to Asbestos Exposure

Asbestos-related illnesses are often severe, progressive, and life-altering. Many of these conditions do not present symptoms until decades after exposure, making them difficult to diagnose early and challenging to connect directly to military service without thorough documentation. The most recognized conditions include:

Mesothelioma

A rare and aggressive cancer that affects the lining of the lungs (pleura), abdomen (peritoneum), or heart (pericardium). Mesothelioma is almost exclusively linked to asbestos exposure and has a long latency period—typically 20 to 50 years. Because of its subtle early symptoms and rapid progression, it is often diagnosed at an advanced stage. Prognosis is generally poor, and treatment options are limited, making timely VA benefits critical for affected Veterans and their families.

Lung Cancer

Veterans exposed to asbestos are at significantly higher risk of developing lung cancer, especially if they also have a history of smoking. Asbestos fibers can cause cellular mutations over time, contributing to malignancy. The VA considers occupational exposure history when evaluating service connection for lung cancer, even if the cancer develops many years after separation from service.

Asbestosis

This non-cancerous, chronic lung condition results from the buildup of scar tissue (fibrosis) in the lungs due to inhaled asbestos fibers. Symptoms include persistent shortness of breath, dry coughing, chest tightness, and reduced exercise tolerance. Asbestosis can progress slowly and lead to respiratory failure or increased susceptibility to infections like pneumonia. It also raises the risk of developing mesothelioma or lung cancer later in life.

Pleural Plaques and Effusions

Pleural plaques are areas of thickened tissue on the lining of the lungs or diaphragm. While they may not cause symptoms on their own, they serve as clear markers of asbestos exposure and indicate a heightened risk for other asbestos-related diseases. Pleural effusions—fluid buildup around the lungs—can cause chest pain, difficulty breathing, and fatigue. These conditions often precede more serious diagnoses and should be carefully monitored and documented in disability claims.

Why VA Claims for Asbestos Exposure Are Denied

Despite well-documented risks and medical evidence linking asbestos to serious illnesses, many Veterans still face significant challenges when pursuing VA disability benefits. Understanding why these claims are often denied or undervalued is key to building a strong appeal.

Lack of Exposure Documentation

The VA typically requires credible evidence that the Veteran was exposed to asbestos during their military service. However, most service records do not explicitly reference asbestos, even for roles known to involve high exposure risk—such as boiler technicians, pipefitters, shipbuilders, and aircraft mechanics.

As a result, Veterans must reconstruct their exposure history using indirect evidence, such as military occupational specialty codes, ship logs, duty station assignments, and credible lay statements. When these records are incomplete or difficult to access, claims may be denied for lack of verification.

Delayed Onset of Illness

Asbestos-related diseases can take 20 to 50 years to develop. This long latency period often creates confusion within the VA about whether an illness is linked to military service or to civilian exposures that occurred later.

Veterans who worked in similar environments after service may face additional scrutiny unless a medical expert clearly attributes the condition to their time in uniform. The VA may wrongly assume the exposure occurred post-service, particularly if no symptoms were documented during active duty.

Insufficient Medical Evidence

Even when exposure is established, the claim may be denied if the medical evidence is vague or incomplete. The VA requires a current diagnosis, treatment records, and—especially for non-presumptive conditions—a medical nexus opinion that clearly connects the illness to service. General practitioner notes or brief summaries often fall short of what the VA expects, making detailed, expert-backed documentation essential.

Low Disability Ratings

In some cases, the VA may grant service connection but assign an inappropriately low rating that underrepresents the severity of the condition. This often happens when the VA overlooks limitations in breathing, fatigue, pain, or loss of employability. Veterans with progressive conditions like mesothelioma or asbestosis may struggle to have their functional impairments fully recognized without a thorough appeal.

The Burden of Navigating an Asbestos-Related Appeal

Filing a VA disability appeal for an asbestos-related condition is often a demanding and emotionally exhausting process. Veterans facing serious or terminal illnesses may struggle to complete the extensive legwork required to overturn a denial or improve a low rating. Without legal support, these tasks can feel insurmountable.

Reconstructing Service History from Decades Ago

Proving asbestos exposure often requires piecing together a service history from 30 to 50 years in the past. Many military records don’t explicitly mention asbestos, so Veterans must rely on occupational specialties, ship or base assignments, and duties that imply exposure. This may involve requesting archived records, locating old unit rosters, or writing personal statements. For some, especially those who served in multiple locations, this step can be both time-consuming and technically challenging.

Coordinating with Doctors to Obtain Detailed Medical Opinions

A successful appeal often hinges on strong medical evidence—particularly for non-presumptive conditions. Veterans must identify physicians willing to write nexus letters that clearly explain how asbestos exposure led to their illness. These letters must meet specific VA standards, and many general practitioners are unfamiliar with the terminology and format needed for a persuasive opinion. Coordinating this process while managing health appointments and treatment can be overwhelming.

Understanding the VA’s Rules on Exposure-Related Claims

Asbestos claims are governed by a complex mix of service-connection rules, medical evidence standards, and case law. Veterans must understand how the VA evaluates latency periods, diagnostic codes, and exposure verification. Without this knowledge, it’s easy to overlook key requirements or submit appeals that lack the legal precision needed to succeed.

Meeting Tight Deadlines and Filing Correct Appeal Forms

Appeals must be filed within specific timeframes, often just 60 days or less after a decision is issued. Missing a deadline can mean restarting the claim from the beginning. Veterans must also select the correct appeal lane—such as supplemental claims, higher-level review, or direct appeal to the Board. Choosing the wrong path or submitting incomplete documentation can lead to further delays or outright dismissal.

Each of these burdens adds significant pressure to Veterans already coping with a serious diagnosis. Legal representation can help carry the weight, ensuring appeals are thorough, timely, and strategically built for success.

How an Asbestos Exposure Disability Lawyer Can Help

Veterans Law Group provides strategic legal representation after a VA claim has been denied or rated too low. Our attorneys focus exclusively on VA disability appeals and understand the medical and evidentiary nuances of asbestos-related claims. Here’s how we help:

Reviewing Denials and Strengthening the Record

We begin by reviewing the VA decision to identify legal, factual, or procedural errors. From there, we help gather updated medical records, military documents, and witness statements to supplement the appeal.

Securing Medical Nexus Letters

For asbestos claims, a medical nexus letter is often essential—especially if the condition is not automatically presumed service-connected. We coordinate with qualified medical experts who understand how to clearly explain the connection between asbestos exposure and illness in a way that meets VA standards.

Appealing for Accurate Ratings or TDIU

Many asbestos-related illnesses prevent Veterans from working or carrying out daily activities. If the VA has underrated the condition, we build an appeal that demonstrates the full extent of the Veteran’s functional limitations. We also pursue Total Disability based on Individual Unemployability (TDIU) when appropriate.

Handling Every Step of the Appeals Process

From filing Decision Review Request Board of Appeal Disagreement Notice to preparing for Board hearings, we manage the legal process from start to finish—so Veterans and their families can focus on treatment and care, not paperwork and red tape.

Tips for Strengthening an Asbestos-Related Disability Appeal

While legal support is critical, Veterans can also take proactive steps to support their appeal and improve the likelihood of success. Solid documentation and strategic preparation can strengthen your case and help your attorney present the most complete and compelling evidence possible.

Document Your Medical History

Keep copies of all diagnostic reports, pathology findings, imaging results (such as X-rays or CT scans), and specialist evaluations. These records help verify the presence and progression of conditions like mesothelioma, lung cancer, or asbestosis. If you’ve received treatment at both VA and non-VA facilities, make sure to gather records from all sources.

Also, consider maintaining a personal health journal. Notes about fatigue, breathing difficulty, pain levels, or medication side effects can add depth to your medical narrative and demonstrate how your illness affects day-to-day life.

Gather Service History Evidence

To show service-related exposure, list every ship, duty station, or occupational role where you might have encountered asbestos-containing materials. Records such as DD214s, ship rosters, maintenance logs, or work orders can be helpful. If official documentation is unavailable, consider submitting sworn declarations detailing your duties and proximity to known asbestos hazards.

Request Supporting Statements

Statements from fellow service members who served alongside you can provide valuable first-hand accounts of asbestos conditions in your work environment. Family members may also offer important insight into how your condition affects daily living, mobility, and emotional well-being. These lay statements can fill gaps where official records are lacking and help humanize your case.

Track Work Impact

If your illness has limited your ability to work, maintain a detailed record of missed time, reduced responsibilities, or job loss. Include documentation such as employer letters, performance evaluations, or disability leave requests. This information is especially important for Veterans seeking Total Disability based on Individual Unemployability (TDIU), as it demonstrates how your condition impairs your ability to earn a living.

The Importance of Timely Action

Asbestos-related diseases are often serious and progressive. Filing an appeal promptly not only preserves your effective date for retroactive benefits—it ensures that critical evidence is gathered while it’s still available.

Appeals must be filed within strict deadlines. Missing a deadline can result in starting the entire process over or losing benefits permanently. Legal guidance early in the appeals process can prevent avoidable setbacks and ensure the strongest possible case is presented.