For veterans with mesothelioma, it’s very rare that they’ll lose their U.S. Department of Veterans Affairs (VA) benefits. This is because the illness is clearly service-connected and affects veterans for the rest of their lives.
In fact, veterans facing mesothelioma usually qualify for maximum VA benefits, including the highest disability payouts and lowest health care copays and premiums.
It’s also possible for veterans to get even more financial benefits if they file mesothelioma lawsuits, without losing their VA benefits in the process.
“Don’t be afraid to file a lawsuit if you’re already receiving or trying to obtain VA benefits. The government can’t take away your benefits for that."
— Major Jonathan Nelson (Ret), VA-accredited attorney & Marine Corps veteran
Learn why U.S. veterans with mesothelioma almost never lose their benefits and how we can help you file or maximize your VA claims after a diagnosis.
Will Veterans Lose Their Benefits?
Many veterans worry about losing their VA benefits, especially when facing serious illnesses like mesothelioma. In reality, most veterans remain eligible for their benefits as long as they maintain their service-connected status and comply with VA procedures.
Veterans with permanent, service-connected conditions are especially protected. Mesothelioma falls into this category. This cancer, often caused by service-related asbestos exposure, is very aggressive, and so veterans are almost always considered 100% disabled for the rest of their lives.
However, life changes like moving to a different state or failing to update contact information with the VA can temporarily disrupt your benefits.
Here are 5 tips to help protect your mesothelioma veterans benefits:
- Maintain medical documentation: Keep detailed records of your diagnosis, treatments, and medications, especially for serious conditions like mesothelioma.
- Keep personal information up to date: Changes in address, family status, or contact information should be reported as soon as possible.
- Respond promptly to VA requests: Failing to reply to verification requests can temporarily suspend benefits.
- Stay informed about your VA status: Regularly review your disability rating and any official correspondence.
- Understand your treatment options: Using legally permitted therapies for symptom management will not jeopardize benefits, but misuse of drugs or intentional fraud can.
At the Mesothelioma Veterans Center, we’re proud to help veterans with this cancer get maximum VA benefits — and keep them. Major Nelson is ready to assist you in filing a VA claim or increasing your disability rating if you’re newly diagnosed. Get started right now.
If I Take Mesothelioma Legal Action, Am I Going to Lose My VA Benefits?
If you have mesothelioma and are considering legal action against the companies responsible for your illness, you may be wondering if this could affect your VA benefits. Taking legal action does not impact your VA benefits.
Filing a mesothelioma lawsuit is an entirely separate process from VA benefits. These lawsuits do not involve the military or government, but rather private companies that hid the risks of asbestos-containing products from service members like you.
"Remember, you’re not suing the federal government, you’re suing the companies that wrongfully sold dangerous products to the military. Your best bet is to pursue both VA benefits and a legal claim against those companies in order to make sure that your family will be taken care of in the future.”
— Major Jonathan Nelson, VA-accredited attorney & Marine Corps veteran
The Mesothelioma Veterans Center has partnered with Simmons Hanly Conroy, a leading mesothelioma law firm founded by U.S. veterans, to help eligible veterans file lawsuits to pursue the money they deserve through the legal system.
Get connected with an attorney at the firm now. They'll work to pursue compensation on your behalf — without impacting your VA benefits.
How Can You Lose Your VA Disability Benefits?
Generally, veterans with mesothelioma do not lose their VA disability benefits, which are currently worth $4,158.17 monthly, without due process. However, the VA may reduce, suspend, or terminate benefits under certain conditions.
Typically, veterans lose disability benefits if their condition improves, if fraud is discovered, or if the veteran fails to meet eligibility requirements. The VA must provide notice before making any changes and allow the veteran to appeal the decision.
You may lose your VA disability benefits in the following circumstances:
- Changes in dependency status: Marriage, divorce, or the death of a dependent can affect the amount of compensation received.
- Failure to attend a VA exam: Missing a required Compensation & Pension (C&P) exam without good cause can result in suspension of benefits.
- Failure to verify continued eligibility: Not responding to VA requests for information, such as dependency or income verification, may cause payments to stop.
- Fraud or misrepresentation: Providing false information or documents to obtain benefits can lead to termination and possible criminal penalties. If you’re worried about accidentally providing the wrong information, work with Major Nelson to file for VA benefits and avoid any issues.
- Incarceration: Veterans incarcerated for a felony may have their benefits reduced after 60 days.
- Medical improvement: If a reexamination shows your condition has improved, the VA may reduce or terminate your rating. Sadly, this is rarely the case for veterans with mesothelioma as many cases are considered terminal.
If you receive notice of a change to your benefits, it’s important to act quickly. Responding to VA correspondence, attending required exams, and providing requested documentation can help protect your compensation and ensure your benefits remain secure.
Can You Lose VA Medical Benefits?
If you’re facing mesothelioma, it’s likely that your VA health care benefits won’t be lost once you start receiving them. In rare situations, though, it’s possible to lose them or have limited access to the benefits.
According to VA guidance, having other health insurance does not itself disqualify you from VA health care. But if you are in a lower priority group and Congress limits funding, it’s possible your benefits could be rescinded.
If you are a veteran receiving VA medical benefits, you should stay aware of your eligibility status, discharge type, and any notices from the VA. Regularly using VA care isn’t required to maintain your eligibility, but keeping documentation and eligibility intact will help prevent surprise denials or reductions.
Major Nelson and our on-staff Veterans Advocates can help you correspond with the VA, allowing you to still get the benefits you need if any issues come up.
Can You Lose VA Benefits for Drugs?
Using medications as part of a mesothelioma treatment plan does not threaten VA benefits, but veterans should always keep thorough documentation and communicate openly with their VA providers.
The VA also understands that veterans facing mesothelioma may turn to alternative treatments for pain, nausea, and anxiety. As long as these alternatives are legally used (for instance, using medical marijuana, THC, or CBD), you’re not at risk of losing your benefits.
However, the VA reserves the right to suspend or terminate benefits if it discovers a veteran has been misusing or abusing medications illegally.
Do Veterans Lose Their Benefits If Convicted of a Felony?
While a felony conviction can temporarily reduce or limit some VA benefits, it does not automatically strip a veteran of all VA entitlements. Benefits may resume once legal obligations or incarceration are resolved.
Here is how your VA benefits may be impacted by a felony:
- VA health care isn't automatically terminated due to a felony conviction, although access to some programs may be limited while incarcerated.
- VA disability compensation and pension payments are generally reduced if a veteran is incarcerated for more than 60 days in a federal, state, or local facility. This reduction is based on federal law and applies while the veteran is confined. Benefits can resume in full once the veteran is released.
It’s also important to note that a dishonorable discharge or other adverse changes in military record can have a lasting effect on VA benefits. For instance, service members who were dishonorably discharged as a result of a felony won’t be eligible for VA benefits as a veteran — even if decades have passed.
Can Military Families Lose Their Benefits?
Military families can lose or have their benefits reduced under certain circumstances, but it usually depends on the status of the service member and adherence to eligibility rules.
Some benefits can also change due to life events. For instance, if a veteran with mesothelioma dies, their families will no longer receive VA disability compensation or be able to use the deceased’s health care. However, other benefits like survivors pensions and military family care plans like TRICARE can help fill the gap.
Families may also qualify to file wrongful death lawsuits against manufacturers of asbestos-containing products if a veteran died from mesothelioma, while still receiving VA survivor benefits. This will allow them to stay financially secure despite losing a veteran they loved.
Get a free case review now to find out how you can pursue VA benefits and legal payouts at the same time.
We'll Fight for Your Mesothelioma VA Benefits
Veterans deserve maximum VA benefits after a mesothelioma diagnosis — and the majority never lose them once approved. If you're a veteran and have questions about your benefits, the Mesothelioma Veterans Center is here to assist you.
Major Nelson can help veterans like you:
- Prepare your mesothelioma VA claim to be filed
- Help you pursue all the VA benefits your family qualifies for
- Increase your disability rating to 100%
- Understand if your benefits are at risk for any reason
“We’re here to help you understand your healthcare options, obtain the VA benefits you and your family are entitled to, and get financial compensation from the companies that manufactured dangerous products containing asbestos.”
– Major Jonathan Nelson, VA-accredited attorney & Marine Corps veteran
Get Major Nelson's help pursuing mesothelioma VA benefits now. He’ll walk you through the process so you can get the benefits you deserve.
