When the U.S. Department of Veterans Affairs (VA) denies a Disability Compensation claim, they always include a blurb that throws veterans for a loop. It goes like this:
“Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.”
The VA then goes on to further explain that service connection is denied since the condition neither occurred in nor was caused by service. But once the veteran reads the previous statement about service treatment records failing to show that the condition was diagnosed while the veteran was still on active duty, it always gets veterans confused.
Service-Connection of Mesothelioma and Other Asbestos Diseases
If you read the first blog in this series, you may already understand why the VA is saying this, but for those of you who have not read it, here is what it said: Any disability or disease that manifested while you were on active duty is automatically service-connected. You don’t need to convince the VA that it was caused by your service.
Mesothelioma is a cancer often linked to military service. Veterans develop this deadly disease after repeated exposure to asbestos – on ships, in aircraft, in barracks, or overseas in third-world countries with buildings containing asbestos. Exposure to asbestos is the only cause of mesothelioma. Nothing else is proven to cause mesothelioma cancer.
Approximately one-third of patients diagnosed with mesothelioma each year are veterans, so the link between mesothelioma and the military is incontrovertible. Veterans also can develop asbestos lung cancer and non- malignant asbestos diseases from their military service.
Mesothelioma is a little trickier than other diseases since the cancer doesn’t begin growing for decades after your initial exposure to asbestos, which means almost all veterans are diagnosed well after their military service ended. Most veterans with mesothelioma are in their 60s or 70s age-wise when diagnosed, but they were exposed to asbestos in their 20s, 30s and 40s.
I digress. Let me explain what the VA is trying to say in referencing your service treatment records in your denial letter. What they are trying to say is this:
“If your mesothelioma had been diagnosed while you were still on active duty and was documented in your service treatment records, we would have been able to simply approve your claim. However, because there was no mention of your mesothelioma or symptoms of mesothelioma while you were on active duty, we couldn’t just approve your claim. We had to review your asbestos exposure history in the military and compare that to your civilian work history in order to determine where you had more exposure to asbestos.”
Instead of explaining what they mean, it’s a whole lot easier for the VA to simply say “we didn’t see any mention of your mesothelioma in your service treatment records, and we didn’t see a connection between it and your service.” But this provides little insight into why the VA denied your claim, and how to appeal it.
Why the VA Likely Rejected Your Mesothelioma VA Disability Claim
If you file an appeal for your VA claim, the VA will send you something called a Statement of Case (SOC), which will explain in far more detail the reason for the denial.
What you need to understand is the only reason the VA can deny your VA mesothelioma claim is because you didn’t convince them that you had at least as much exposure to asbestos in the military as you did in your civilian jobs. This is because the only known cause of these two mesothelioma cancers is asbestos.
The rule of thumb is your percentage of military asbestos exposure. If at least 50% of your exposure to asbestos occurred in the military, then you qualify for VA Disability Compensation and will need to provide a detailed explanation of…
Read More: What the VA Means by Mesothelioma Not From Active Duty