Posted on 21st October, 2019
While they are alive, veterans diagnosed with a disease associated with inhalation of asbestos fibers during active military service, typically receive monetary compensation through one or more of the established asbestos trust funds as well as VA claims.
In the event a veteran diagnosed with an asbestos-related disease dies, the claim for the deceased loved one becomes a part of their estate and legal decisions fall in the hands of the estate representative, usually named in a person's last will and testament, though they may also be appointed by the court. This person can be an immediate family member such as a spouse, child or another family member, but they do not have to be blood relatives.
Filing a Claim with Asbestos Trust Funds after the Death of a Loved One
The family members of asbestos victims who had not been receiving any financial compensation before their death can engage in legal action by filing a claim with one or more asbestos trust funds created to pay victims of asbestos exposure by companies who manufactured and used asbestos.
If an asbestos claim was filed while the person diagnosed with an asbestos-related disease was alive, compensation through the asbestos trust fund continues to be paid to the estate after death.
Filing a claim by the family members after a loved one has passed as a result of an asbestos-related disease allows the patient's family to gain monetary compensation after his/her death. Family members must provide a link between the asbestos and the disease and they also have to include Military Occupation Specialty, as well as the location they were stationed at while the exposure happened.
The statute of limitations for asbestos claims varies from state to state. Because of the long latency period associated with asbestos-related diseases, veterans negligently exposed to asbestos while serving in the military often don't know that they've been injured until decades after the original exposure. Therefore, the courts decided to delay the start date of the statute of limitations until the date of the diagnosis. For surviving family members of a loved one who passed away as a result of an asbestos-related disease, there is a separate statute of limitations for filing a claim governed by the date of their death. Most states have a deadline of just two years after the victim has passed away, with some states allowing three years to file the claim.
Filing a claim for a deceased family member is a complicated and time-sensitive process that is best handled with expert assistance on your side.
VA Benefits for Surviving Members of Veterans Who Have Passed Due to a Service-Related Disability
For a VA claim, a veteran has to prove that at least 50 percent of his exposure to asbestos occurred in the military. Prevailing upon a claim may become more difficult without the original claimant because the work history of the deceased and his asbestos exposure may be more complicated to determine and prove.
Dependency and Indemnity Compensation (DIC) is a benefit provided by the U.S. Department of Veterans Affairs for surviving members of veterans who have passed from a service-related disability such as asbestos-related lung cancer, mesothelioma, or asbestosis. DIC is a type of tax-free monthly monetary benefit paid to eligible survivors of military service members including:
- Surviving spouses who have not remarried
- Unmarried children below the age of 18
- Children attending VA-approved schools
- Certain helpless children
- Surviving parents
Special Monthly Compensation which may be available to veterans who require the aid and attendance of a caregiver, is an additional tax-free benefit that can also be paid to family members. For surviving spouses, this benefit received from the Department of Veterans Affairs is commonly referred to as aid attendance and is paid based on the need for aid and attendance by another person.
Funeral & Burial Reimbursement allows surviving family members to receive the maximum monetary burial benefits allowed by law.
Military funeral honors are provided by the Department of Defense both to veterans who served during wartime and to those who were on duty during peacetime. Even though funeral honor requests are directly managed by The Department of Veterans Affairs National Cemetery Administration, the family of a deceased veteran can also be assisted by funeral directors in numerous cases.
Connect with Asbestos Veterans to fight for the rightful compensation your loved one would have deserved.