VA Disability for Asbestos Exposure: Who Is Eligible?

Asbestos is a dangerous material that can cause long-term health problems, including lung cancer and mesothelioma. Veterans dealing with an asbestos-related condition (or their surviving family) could be eligible for VA benefits of up to $4,000 per month.

How Can I Get VA Benefits for Asbestos Exposure?

Asbestos exposure is not automatically assumed by VA, so veterans need to prove the link between their medical condition and military service to get a disability rating and compensation. Here’s what’s needed:

• Medical Diagnosis: Records showing a health issue caused by asbestos exposure.
• Proof of Exposure: Service records or documentation describing how the job duties put the veteran at risk. Include information about military occupation specialty (MOS). For service on ships, provide the names and dates of service. Detail maintenance procedures performed that may have led to increased exposure.
• Nexus Statement: A doctor’s statement linking the asbestos exposure to the military service.

Does the PACT Act Cover Asbestos Exposure?

The PACT Act currently does not cover asbestos exposure as a presumptive condition. This means that veterans still need to provide evidence of exposure and its link to their military service to qualify for disability compensation.

However, the PACT Act added a new trigger for a VA examination based on toxic exposures. Under 38 U.S.C. 1168, VA generally must provide a medical examination and opinion when a claim includes evidence of a current disability and of participation in a toxic exposure risk activity (TERA) and that evidence is not yet enough to grant the claim.

Asbestos Exposure in the Army

Asbestos exposure was the highest for soldiers between WWII and the 1980’s. This is because the use of asbestos in the Army increased as the branch expanded. Asbestos was used in:

• Barracks
• Flooring
• Ceiling
• Electrical wiring
• Roofing
• Siding
• Insulation
• Vehicles
• Heating systems
• Brake pads
• Clutches
• Gaskets
• Aircraft (WWII era)
• Bombers
• Fighter planes
• Transportation aircraft

Army MOS with Asbestos Exposure Risk

Servicemen who served in the Army may have had a higher probability of being exposed to asbestos if their duties were related to:

• Pipefitting
• Mining
• Milling
• Shipyard work
• Manufacture and servicing of friction products such as clutch facings and braking linings
• Insulation work
• Demolition of old buildings
• Carpentry and construction
• Manufacture and installation of products such as roofing and flooring materials, asbestos cement sheets, pipe products and military equipment

While the Army does not officially assign asbestos exposure probability to specific duties, VA applies its Navy MOS table to veterans in the Marine Corps who held one of the listed occupations, using the probability of asbestos exposure assigned to that occupation.

More recently, soldiers who served in Iraq and other countries in that region could have been exposed when older buildings were damaged and the contaminant released into the air. A soldier proves exposure through job evidence: the duties performed, service personnel records, and statements describing the work and exposures.

Keep in mind that VA decides the claim on what is in the claims file, and the file may provide few details. A personnel record can list a job title without saying the work was done on a demolition crew, and a medical record can note the symptoms without naming the disease. Thus, a veteran who was exposed can still be denied a disability rating, either because VA cannot find the exposure in the records or because no doctor has put an asbestos-related diagnosis in the medical record

Navy MOS at Risk for Asbestos Exposure

Navy veterans run the highest risk of asbestos-related illnesses, due to the enormous amount of uses for asbestos on ships. Even after the Navy finally stopped filling Navy vessels with asbestos, the vessels that did contain asbestos remained in use for many years after production stopped. Asbestos could be found in:

• Engine and boiler rooms
• Navigation and operating areas
• Sleeping quarters
• Storage rooms
• Mess halls and common areas
• Hull and structural components
• Mechanical systems

Any construction, demolition, repair or renovation of ships (or naval buildings on land) exposed Navy service members to asbestos. Sailors on board warships often slept in bunks below asbestos-covered pipes. As ships aged, the asbestos fibers would become brittle, and any disturbance would make the fibers airborne. Personnel who worked below deck were at the highest risk because of where the most heat-resistant asbestos was used: in the engine and boiler rooms.

How Does VA Rate the Probability of Exposure for Navy Jobs?

VA rates the probability of asbestos exposure for each listed Navy job as “highly probable,” “probable,” or “minimal.” VA also applies these levels to veterans from other branches who held a listed occupation.

Most Probable Risk of Asbestos Exposure by Navy MOS

Source: VA claims-processing manual M21-1, Part VIII, Subpart iii, Chapter 7, Section C

Navy jobs commonly linked to asbestos fall at different levels in the VA table: Boiler Technician, Pipefitter, and Fireman are highly probable; Machinist Mate, Electrician’s Mate, and Steelworker are probable; and Damage Controlman, Boatswain’s Mate, and Storekeeper are minimal.

Any listed level, even minimal, is enough for VA to concede exposure for the purpose of scheduling a VA examination, and the examiner’s medical opinion is then based on that job’s probability of exposure.

Marine Corps Asbestos Exposure Risks

Because the Marine Corps are present on ships, aircraft and armored vehicles, they have been exposed to asbestos as well. In fact, Marines had the same risks of asbestos exposure as Navy sailors. Prior to 1998, entire detachments of Marines were deployed on Navy vessels. Asbestos exposure occurred in:

• Barracks/sleeping quarters
• Shipyards
• Military vehicles and other transportation
• Ships
• Smaller Navy vessels

VA applies its Navy MOS table to veterans in the Marine Corps who held one of the listed occupations, using the probability of asbestos exposure assigned to that occupation. Marines who lived or traveled aboard Navy ships prove exposure through their service records and their account of where they served.

In a 2011 decision, BVA 1140190, the Board granted a survivor’s claim for a World War II Marine who died of mesothelioma. His records showed no asbestos-prone duties, but he had been transported on troop ships, and a VA pulmonologist found that his mesothelioma was at least as likely as not related to that exposure.

Coast Guard Exposure

According to Coast Guard records, cutters constructed prior to 1991 are known to have asbestos materials, including asbestos-containing thermal insulating material and floor tiles.

Coast Guard veterans can show asbestos exposure through their cutter assignments. A Coast Guard veteran whose rating appears in VA’s Navy table receives that rating’s probability of exposure. The Coast Guard’s guidance also says some veterans experienced “exceptional exposures” to asbestos and lead during maintenance procedures like:

• Tearing up entire floor surfaces of asbestos-containing floor tiles
• Torching or sanding surfaces painted with lead-containing paint without personal protective equipment

Asbestos Exposure in the Air Force

Asbestos was prevalent in aircraft because of its insulating and fire-resistant properties. The material was used extensively in aircraft:

• Brakes
• Cockpit heating system
• Heat shields for engines
• Torque valves
• Gaskets
• Electrical wiring
• Insulation for cargo bays

VA rates the probability of asbestos exposure for Navy jobs and applies it to veterans from all branches (including the Air Force) who held a listed occupation. For other Air Force roles, VA considers the duties performed, service records, and other evidence of exposure.

Aviation Occupations with Highly Probable and Probable Risk of Asbestos Exposure

Asbestos-Related Health Problems and Their Ratings

• Respiratory Symptoms: Coughing, chest pain, and trouble breathing.
• Chronic Conditions: Asbestos can lead to lung-scarring diseases like pleural plaques and asbestosis.
• Severe Diseases: Exposure is linked to lung cancer and mesothelioma (a rare cancer affecting the lung or abdominal lining), both rated by VA at 100%.
• Other Cancers: VA’s manual also associates asbestos exposure with cancers of the larynx and pharynx (throat cancers), the gastrointestinal tract, and the urogenital tract, except the prostate. See how VA rates cancers.

Making a VA Claim for an Asbestos-Related Condition

A veteran who learns of an asbestos-related diagnosis decades later can still apply for VA benefits years after service. VA will ask the veteran where, when, and how the asbestos exposure happened, and for medical evidence of the disease.

A claim that alleges asbestos exposure without naming a specific disability is not a substantially complete claim (one with enough information for VA to process it), so the claim should name the condition, such as asbestosis or lung cancer.

How to Make a Strong Claim

Proving asbestos exposure can be tough, especially for veterans in lower-risk roles. Here’s how to address these challenges:

• Provide Clear Descriptions. Describe your duties and work environment in detail.
• Use Buddy Statements. Ask fellow service members who witnessed your exposure to provide supporting statements.
• Search for Records. Look for unit logs or maintenance records mentioning asbestos.
• Get a Medical Opinion. Ask a doctor to connect your symptoms to asbestos exposure, even if it was indirect.

Does Asbestos Exposure After Service Hurt My Claim?

Asbestos exposure after service can hurt a claim if the medical opinion blames the disease on that later exposure. When VA requests an asbestos examination, the request must include the veteran’s exposure history before, during, and after service, so the examiner weighs all of it. Generally, when the evidence for and against the claim is about evenly balanced, VA resolves reasonable doubt in the veteran’s favor.

In a 2020 decision, BVA A20017195, a VA examiner had calculated that the veteran’s active-duty job amounted to only about 2 percent of his total work at jobs with a high probability of asbestos exposure, and blamed his civilian jobs. The Board found that opinion “somewhat lacking in probative value,” because most of the post-service jobs had only a minimal probability of exposure and the examiner did not address the long delay between exposure and disease. The Board granted service connection for asbestosis and COPD (chronic obstructive pulmonary disease) on a private medical opinion.

What If I Smoked?

Smoking does not bar an asbestos claim. VA’s tobacco regulation, 38 CFR 3.300, prohibits service connection for disease caused by tobacco use in service, but that bar does not apply when the condition is service connected on another basis, such as asbestos exposure.

However, when a veteran who smoked has a lung condition such as COPD, the outcome depends on whether the medical opinion attributes it to asbestos or to smoking. In a 2017 decision, BVA 1717556, the Board denied a claim because the examiners related the veteran’s COPD to smoking and found no asbestos-related lung disease.

My Claim for Asbestos Exposure Was Denied, What Can I Do?

If your VA claim for asbestos-related health issues was denied, don’t give up. Here’s how to keep moving forward:

• Review the Decision Letter: Carefully read the VA decision letter to understand why your claim was denied.
• Gather New Evidence: Collect additional medical records, doctor statements, or documents showing the link between your condition and asbestos exposure.
• File an Appeal: A VSO or a VA attorney can help you appeal the decision and strengthen your case with more evidence.

When a veteran has died from an asbestos-related disease, a surviving spouse may be able to claim Dependency and Indemnity Compensation (DIC), a VA benefit for survivors.

Did VA deny your claim for asbestos exposure, or do you feel your rating doesn’t fully recognize the impact on your health? Contact us today: we’re here to help you take the next steps and fight for the benefits you deserve.