Asbestosis Claim Rating

[68mustang]

I got my asbestosis claim service connected at 0% just received letter today. While it is not at a higher % I am happy that it was service connected. It if gets worse than what it is now thank God that I am now service connected. I know that there are many others who have tried to get their asbestos related claim service connected and have not been able to. I hope that this is the start of something good for all of us unfortunate folks who were exposed to asbestos. I thank all who have helped with their support and lets not forget that there are still many others with asbestos related claims who need our help. As for me I still have an NOD pending and I will be filing for an increased on my 0% hearing loss that is getting worse. Thanks.

68mustang

[SSGC Old Soldier]

I’m just beginning the journey of trying to get my COPD service connected, I was a mechanic in the Army from 1984-1993, we used to clean bell housings on clutch jobs out with an air hose and just sit there and breath that crap. I trusted in our leadership to at least tell this stupid 19 yo kid that that’s bad for you. But you all know that goes. 

From what I’ve read the trust is only paying .07 on the dollar so taking a settlement, although expedient, isn’t in your best interest. If you search articles in how to defend an asbestos claim from the defendants perspective, if the victim refuses the trust offer and sets a hearing the defendants protocol is to file a motion to dismiss, if that motion is denied they negotiate a settlement, they know if it goes before a judge or jury they won’t fair well.

Again regurgitating what I’ve learned from my research, most of these companies satisfied their trust obligation filed bankruptcy desolved the business liquidated their assets and reopened under a different name and continued to march. But the trust and bankruptcy doesn’t absolve their liability. They can still be drug back into court and held accountable.

I love my country, I’m proud of my service and I’d do it all again if I could...but the EPA has known the dangers of asbestos since 1929, the Navy (and therefore the DOD) has known since the civilian workers started filing work comp claims in the early 70’s. The claims they settled were not part of the budget planned so after a few years the Navy started advising the civilian employees to file civil sutes against the manufacturers of the products containing asbestos which led to the trust. The claims against the trust aren’t expected to peak until 2020, the trust administrators have filed motions time and again to try and stretch the trust enough to cover the projected future claims. I’m not sure when the trust was established but I believe it started with over 480 billion dollars and it’s down to 30 billion now. Insurance companies are still having to dump cash into the trust but the majority of those guilty parties were self insured. 

Sorry to ramble on, my point is yeah these companies new they were selling deadly products, but the DOD made no attempt to educate us or supply us with proper training or PPE to midigate the risk. Any change in SOP pertaining to asbestos would alert veterans that they’ve been exposed and prompt them to file claims with the VA. Instead the DOD takes the attitude of  “wait and see if they get sick and if they do wait and see if they figure out we were responsible” or just deny it all together until we can’t hide it any longer, like agent orange or Gulf War syndrome. 

Sorry guys, I’m just angry, the DOD should be accountable, but they continue to act like they are above the law, case in point the environmental impact studies that were supposed to be transparent, they post the findings, move them around then take them down so we are all in the dark. 

They have kept records since 2002 on every soldier their occupational exposure and the exposure to environmental hazards, but if you want that information you have to petition the Secretary of Defense to obtain those records. That’s just wrong!!!

 

Sorry for rambling,

 

[fbbdab]

I was diagnosed with pleural plaques on my lungs. The C&P Examiner stated in the review exam papers that "it is as likely as not" that it occurred as a result of service related exposure to asbestos while in service. Has anyone had any success with getting a SC percentage for pleural plaque on the lungs? This is my first post and I want to say it is a privilege to be amongst so many who have served this country, many thanks to those who went before me and those serving now, hopefully our struggles with the VA will benefit them when they need it.

[jbasser]

Even to get service conencted at o percent is huge. it can only increase as time goes on. Keep it monitered as this disease is deadly.

J

[68mustang]

Even to get service conencted at o percent is huge. it can only increase as time goes on. Keep it monitered as this disease is deadly.

J

Thanks J for the response. I am going to keep it monitored and I am going to seek out a lawyer to see if I can pursue it on the civilian side.

68mustang

[jbasser]

Be extremely cautious about some of these Class Action suits. In many of these the Attornes gets millions while the plaintiffs receive pennies.

The most deadly asbestos fibers was African Amosite. It iwas used extinsively in steam systems to insulate piping. It was mixed in a bucket and put on like putty. Once it dried, they covered it with a cloth, usually fiberglass or chrysotile asbestos. Then they painted it over and after time, the paint would chunk off and this stuff went airborne.

Many soldiers used these pipes as clothes hanger racks as they poked the end of the hanger into the asbestos to hang up their uniforms, ,not knowing that when they pulled the hangers out of the insulation, some asbestos would become airborn.

J

[Philip Rogers]

jbasser - most of these claims are against bankrupt asbestos companies and the asbestos fund decides how much the claimant gets. They sue multiple asbestos companies, where the claimant was exposed thru the claimant's work history, and usually get a settlement from each. The attys get their usual percentage, which a claimant is free to try to get reduced. I used the Simmons Firm, who have offices in Illinois, CA and maybe a few more states and handle claims all over the USA. They always gave me the option of not accepting the settlement offer and going to court. I don't believe the asbestos claims are class action suits because in my case we filed suit against each company. There was never a class action agreement.

pr

Be extremely cautious about some of these Class Action suits. In many of these the Attornes gets millions while the plaintiffs receive pennies.

The most deadly asbestos fibers was African Amosite. It iwas used extinsively in steam systems to insulate piping. It was mixed in a bucket and put on like putty. Once it dried, they covered it with a cloth, usually fiberglass or chrysotile asbestos. Then they painted it over and after time, the paint would chunk off and this stuff went airborne.

Many soldiers used these pipes as clothes hanger racks as they poked the end of the hanger into the asbestos to hang up their uniforms, ,not knowing that when they pulled the hangers out of the insulation, some asbestos would become airborn.

J

Edited May 12, 2011 by Philip Rogers