Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

Large Asbestos Lawsuit Won Friday

Rate this question


Question

Posted

http://seattletimes.nwsource.com/html/heal...sbestos22m.html

Friday this story broke-

The asbestos vet I have has also become part of a lawsuit- dont know how that is going-

there are numerous lawsuits involving asbestos against the manufacturers.

I think any vet with an asbestos claim should get in touch with any of the lawyers who have filed suit against these companys. Particularily if they have mesothelioma-they should definitely look into these lawsuits.

The above class action award of billions took 5 years-I have kept up with it but found out yesterday that it had been won late last week.

The average payment is about $140,000-150,000---not much but still -if any of these guys are veterans exposed to asbestos in the Navy- they could still have the VA farting around with their asbestos claim in those five years-possibly receiving comparable retro but maybe not-

This vet got a non-compensatable rating for mesothelioma and due to VCAA violation he is in Remand-probably after 3-4 years already

http://www.va.gov/vetapp06/files3/0611343.txt

This vet has excellent evidence and even the VA doc opinion was supportive- his case is on Remand due to partial VCAA violation and who knows how many years this claim will take- I hope he got into a private class action asbestos lawsuit by now.

http://www.va.gov/vetapp04/files2/0413439.txt looks like a "fishing expedition" claim if anyone remembers those VA days--

Since the original AO lawsuit was against Dow etc and many of you were in the lawsuit-I see no reason why a veteran exposed to asbestos in service cannot become part of any class action suit if they can find out who manufactured the asbestos they were exposed to in the military.

These are attorneys who have filed suit on behalf of Navy veterans with mesothelioma:

http://www.mesotheliomahelp.net/navy-marit...s-asbestos.html

These are some Navy ships full of asbestos:

http://www.mesotheliomahelp.net/navy-marit...s-asbestos.html

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

1 answer to this question

Recommended Posts

Posted

Great post Berta, A lot of Asbestos Vets should consider these class actions.

The Asbestos folks are winning because of the tricks the companies tried to pull to cover the damage up.

For anyone diagnosed with asbestos related illnesses, It is time to join the band wagon.

John

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • AFguy1999 earned a badge
      One Month Later
    • Grey Goose earned a badge
      First Post
    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use