Mesothelioma Navy Compensation: Navigating the Legal Maze

The United States Navy is well-known for its strength and versatility, but lurking beneath the surface of this prestigious institution is a significant health concern—mesothelioma. It has been a pressing issue for veterans who served between the 1940s and 1980s, when asbestos was widely used in naval ships and facilities. The very material that was believed to protect lives by preventing fires has, ironically, endangered them by leading to a dangerous form of cancer. This article examines the scope of the mesothelioma problem in the Navy, available compensation options, and the complications that arise in obtaining that compensation.

The Extent of the Problem

Asbestos, a naturally occurring mineral, was considered ideal for naval applications for its resistance to heat and fire. Unfortunately, it was only decades later that the harmful health consequences of asbestos exposure were fully understood. Among these consequences, mesothelioma—a rare cancer affecting the lining of lungs, abdomen, and heart—is the most severe ("Asbestos Exposure and Cancer Risk," National Cancer Institute).

Mesothelioma is a slow-developing but aggressive form of cancer. Its latency period can span decades, often complicating early diagnosis and treatment. In the U.S., around 30% of mesothelioma cases occur among veterans, a significant percentage of which are Navy veterans ("Veterans and Mesothelioma," American Cancer Society).

Compensation Through the VA

Veterans who have been diagnosed with mesothelioma due to their service in the Navy are eligible for compensation through the Department of Veterans Affairs (VA). The VA offers several benefits like disability compensation, special monthly compensation, and Dependency and Indemnity Compensation for the survivors of deceased veterans ("Compensation," U.S. Department of Veterans Affairs).

However, navigating the VA claims process can be complicated and overwhelming. Due to the long latency period of mesothelioma, proving that the disease is service-related often requires substantial medical and service records. Many veterans are initially denied benefits and have to go through lengthy appeals processes.

Limitations of the Feres Doctrine

Established in 1950, the Feres Doctrine prevents service members from suing the federal government for injuries "incident to service," complicating matters further for mesothelioma victims ("Feres Doctrine," Cornell Law School). While veterans can seek compensation from asbestos trust funds or file lawsuits against asbestos manufacturers, their legal options against the government are severely limited.

Asbestos Trust Funds

Many asbestos manufacturers have declared bankruptcy due to lawsuits and now operate trust funds to compensate victims. These trust funds are a vital source of compensation for Navy veterans affected by mesothelioma ("Asbestos Trust Funds," Mesothelioma Applied Research Foundation).

However, claims against asbestos trust funds typically result in smaller payouts than those obtained through lawsuits. Yet, they also often provide compensation more quickly, which is crucial for mesothelioma patients given the disease’s aggressive nature.

Legal Assistance

Given the complexities involved in securing compensation, legal assistance often proves invaluable. Specialized mesothelioma attorneys can guide veterans through the maze of VA claims, appeals, and trust fund applications, ensuring that all procedures are correctly followed and the best possible compensation is received ("Legal Options for Mesothelioma Patients," Mesothelioma.net).

Future Avenues

Due to the long latency period of mesothelioma, it is expected that cases will continue to emerge for several more decades. Efforts are underway to modernize the VA's system to accommodate and expedite asbestos-related claims more efficiently. Simultaneously, there is an increasing call to reconsider the provisions of the Feres Doctrine that bar service members from suing the government for asbestos-related illnesses ("The Feres Doctrine: An Examination of This Military Exception to the Federal Tort Claims Act," Congressional Research Service).

Conclusion

The problem of mesothelioma in the Navy is a health crisis wrapped in legal complexities. Though there are compensation avenues available, navigating them is no simple task. With an illness as severe as mesothelioma, time is often of the essence, making the cumbersome legal processes particularly excruciating for affected veterans. Legal assistance can make a significant difference in both the compensation amount and the speed at which it is received. As the struggle against mesothelioma continues, the hope is for more streamlined and fair compensation avenues for our Navy veterans, who have already given so much in service to their country.

Bibliography

1. "Asbestos Exposure and Cancer Risk." National Cancer Institute. (https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/asbestos/asbestos-fact-sheet)

2. "Veterans and Mesothelioma." American Cancer Society. (https://www.cancer.org/cancer/malignant-mesothelioma.html)

3. "Compensation." U.S. Department of Veterans Affairs. (https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/)

4. "Feres Doctrine." Cornell Law School, Legal Information Institute.

5. "Asbestos Trust Funds." Mesothelioma Applied Research Foundation. (https://www.curemeso.org/)

6. "Legal Options for Mesothelioma Patients." Mesothelioma.net.

7. "The Feres Doctrine: An Examination of This Military Exception to the Federal Tort Claims Act." Congressional Research Service.