Complicated path for veterans with mesothelioma

14 May 2008 by under Legal, News

navy logo Complicated path for veterans with mesotheliomaThe prevalence of asbestos, especially through the mid-1970s, has put millions of Americans at risk for mesothelioma, a painful, usually lethal cancer almost always related to asbestos exposure. Among the hardest hit are U.S. veterans who were exposed occupationally, especially in Navy ships and shipyards.

According to the U.S. Department of Veterans Affairs, there are currently 25 million living individuals who have served in the United States’ armed forces. It is believed that a great number of them were exposed to toxic asbestos-containing materials during military service.

Every ship and shipyard built by the Navy before the mid-70s was fitted with numerous asbestos-containing materials. These materials were extensively used in engine and boiler rooms and other areas below deck for fire safety purposes, as well as in other areas of the ship. In fact, virtually no portion of a naval ship was asbestos-free between the 1930s and mid-1970s.

Unfortunately, veterans have little recourse when diagnosed with mesothelioma they believe to be the result of asbestos exposure during their time of service. Because asbestos use was so widespread before the first bans in the 1970s, it is very difficult for veterans to prove that asbestos exposure occurred only in military service.

Veterans are not legally allowed to seek compensation for mesothelioma and other asbestos-related diseases from the U.S. government through the court system. Ailing veterans must file a claim against the asbestos manufacturer, and they also have the legal option to seek assistance through The U.S. Department of Veterans Affairs (VA).

The VA is a government-run benefit system that is responsible for administering benefit programs to veterans, their families, and survivors. It is an incredibly complex system that comprises the second-largest federal department, after the Department of Defense. A search of the organization’s web site turns up no information about asbestos or mesothelioma. However, there are some organizations, such as Veterans Assistance Network (www.va-claim-help.com), that can help veterans wade through the VA benefits system.

is usually an indolent cancer that takes years to develop, thus the burden of treatment is falling most heavily on the VA. Late stage is twice as costly to treat as early stage.

In February the Lung Cancer Alliance (LCA) announced that for the second year in row a coalition of top veteran organizations is calling for a screening program for veterans at high risk of lung cancer, to be included in the Independent Budget for Fiscal Year 2009 (FY09). This highly regarded comprehensive alternative budget addresses the most urgent needs of veterans, and urges Congress and the Department of Veterans Affairs to initiate a $3 million pilot screening program for veterans at high risk.

The AMVETS, Disabled American Veterans, Paralyzed Veterans of America and the Veterans of Foreign wars are the four co-authors of this document. More than 50 organizations support the Independent Budget.

A research program carried out by the International Early Lung Cancer Action Program at 40 centers in 26 states and 6 foreign countries during the past 13 years indicates that CT screening can detect lung cancer at Stage 1 in 85 percent of cases, and those treated immediately had a 10-year survival rate of 92 percent. By partnering with these types of programs, the Veterans Administration could quickly implement a pilot screening program for veterans at high risk, with a broad geographic reach and significant cost savings.

Rear Admiral Philip J. Coady, USN, (Ret.), chairman of LCA’s Board of Directors said, “Lung cancer continues to kill more men and women every year than all the other major cancers – breast, prostate, and colon – combined, and our veterans are at even higher risk, especially those whose active duty service exposed them to Agent Orange, asbestos, spent nuclear fuels, propellant gases and other carcinogens.”

Admiral Coady, a 34-year Navy veteran who never smoked, was diagnosed with lung cancer three years ago.

“Because there are usually no specific symptoms, most people are diagnosed so late they die within a year,” he pointed out. “Yet advanced CT technology that can diagnose lung cancer at its earliest, most curable stage is available right now, and high-risk veterans not benefiting from this is wrong,” he said.

Sources: asbestos.com, VAWatchdog.org

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