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VA claim sitting since November, how long before I see anything

Veteran · · 38 views
Filed my VA claim back in November after diagnosis in October. Had the pleurectomy in December and still nothing but silence from the VA. Anybody else dealing with this or know what the actual timeline looks like.

I know the VA moves slow, I did 4 years active duty as a Gunnery Sergeant so I'm used to hurry up and wait, but this is different. Camp Lejeune barracks had asbestos all over the place in the insulation, plus I was on the Iwo Jima back in '79 and '80 and that ship was full of it. Got the medical records, got the diagnosis, got everything they asked for.

My understanding is the VA claim goes through first, then if that gets denied or takes forever you can look at trust funds or civil suits. But I'm not even sure what the realistic timeline is here. Some guys tell me 6 months, some say a year. One guy said he's been waiting since 2023.

Anyway, anybody been through this with a meso diagnosis and a VA claim. What actually happened with timing.

9 Replies

Patient
I haven't gone the VA route yet, but I'm watching this closely since my exposure was occupational at Johns-Manville back in the late 70s and early 80s. From what I've been reading while researching my own options, the VA backlog for mesothelioma claims is pretty substantial. One study I pulled up showed average processing times around 4 to 6 months just for initial review, but that's before they actually schedule any C&P exams or make determinations.

Your situation sounds complicated though because you've got multiple exposure sources to document. That Camp Lejeune connection actually carries some weight with the VA now, there's been legislative movement on that front. But the ship exposure from '79 and '80... that requires different documentation paths and honestly I'd want to know if you have specific records linking you to those asbestos materials on the Iwo Jima. The VA doesn't always have great institutional knowledge about naval vessel asbestos inventory.

What I'm doing with my claim, and maybe this helps, is I'm keeping a detailed timeline document with every piece of correspondence, every date I submit anything, dates of my CT scans and biopsies. I've got copies of everything organized by month. The reason is I'm already looking at whether the trust fund route makes sense in parallel, and trust administrators want that paper trail anyway.

Have you connected with a VA accredited representative yet? Not a lawyer, but someone who works specifically with the VA system. That might actually speed things up because they know which forms get lost in which departments. I'm interviewing a couple before I file.
Veteran
Yeah the C&P exam part is what's got me worried. I haven't even gotten a scheduling letter yet and it's been three months since I filed. The VA rep I talked to said they're backed up but couldn't give me anything concrete, which is typical. You thinking about filing a VA claim yourself or going straight to a trust fund with the Johns-Manville exposure? That's the decision I'm still wrestling with honestly.
Attorney Expert Response
Gunnery Sergeant, the Iwo Jima service record and Camp Lejeune exposure actually puts you in a stronger position than most claimants I see come through. The VA typically rates mesothelioma as 100% permanently and totally disabled, which matters a lot for the monthly compensation calculation, but the rating decision timeline is genuinely all over the map right now. Regional offices were running anywhere from 5 to 14 months on complex claims as of early 2024.

Here's what I'd add that nobody mentions. The VA claim and the asbestos trust fund process can run simultaneously. We had a client file his trust claims in February while his VA claim was still pending, and the first trust distributions started coming in by June of that same year. Those are completely separate tracks and one doesn't have to resolve before the other starts.

The Iwo Jima specifically shows up in exposure records we've used before. Navy ship manifests from that era document asbestos insulation throughout the engineering spaces, and that documentation can strengthen both your VA nexus letter and any civil claim.

You mentioned you have medical records and the diagnosis already in hand, so the groundwork is there. Worth having an attorney look at the trust fund angle now rather than waiting on the VA... the statutes of limitations on some of those funds are real and they don't pause for VA timelines. Consult an attorney familiar with your specific state's rules on that.
3 found this helpful
Veteran
Appreciate you jumping in here. The 5 to 14 months thing is what I've been hearing but it's good to get it from somebody who actually sees the numbers. I'm at about 4 months now so I guess I'm somewhere in that window still, which isn't great but at least it's not completely off the rails.

Quick question though - you mentioned the 100% rating matters for the calculation. Does that mean the VA is pretty locked in on mesothelioma cases or do they sometimes low-ball it? I want to know what I'm actually looking at if this thing finally moves instead of just hoping for the best.
Attorney Expert Response
GySgt, first thank you for your service. Four years active and a meso diagnosis on top of it, that's a heavy load.

On the timeline question, I've worked with clients in similar situations and the honest answer is it varies wildly. The VA's own data from 2023 showed average processing times running 125 to 150 days for fully developed claims, but mesothelioma cases often get flagged for expedited handling under the Fully Developed Claim program. Whether that actually happens depends a lot on which regional office is processing yours.

Here's what I've seen matter in practice. The Iwo Jima service in '79 and '80 is actually well documented in terms of asbestos exposure history, and Camp Lejeune adds another layer. 38 C.F.R. 3.303 covers direct service connection, and with documented shipboard service on vessels from that era, the nexus argument is typically strong. You shouldn't need to fight that part as hard as some guys do.

The part that sometimes surprises people is that the VA claim and a trust fund claim can often run simultaneously. They're not mutually exclusive. Shipbuilders and insulation manufacturers from that period had their own asbestos trust funds set up under bankruptcy proceedings, and those processes run independently of the VA. I had a client file both in January of 2022 and see trust fund distributions before his VA rating came through.

The silence is genuinely the hardest part. If it's been past 90 days you can request a status update through your VSO or directly with the VA without it affecting your claim.

Please consult an attorney for your specific situation, especially given the complexity of layered exposure claims.
2 found this helpful
Attorney Expert Response
First, thank you for your service, and I'm sorry you're dealing with this after everything else you've already been through.

On the VA timeline question, six months to over a year is honestly the realistic range right now. The Board of Veterans Appeals reported in their 2023 annual report that average docket times were running around 12 to 16 months for cases with hearings requested. Direct review lanes move faster, sometimes closer to that six month mark, but it varies a lot by regional office.

Here's something I've seen trip people up though. The VA claim and the asbestos trust fund process don't have to happen sequentially. A lot of folks assume you have to wait for a VA decision before pursuing the trust funds, but those run on completely separate tracks. I've had clients who received trust fund distributions while their VA claim was still pending. The Iwo Jima and ships like her had extensive Unibestos pipe insulation, and the manufacturers of that product established trusts specifically for this. Camp Lejeune asbestos exposure has its own documentation pathways too.

The other thing worth knowing is that a VA denial isn't a dead end on the civil side. Not even close. The exposure standards and evidence requirements are actually quite different.

Your instinct that you have the records and documentation lined up is exactly right. That's where cases get built or fall apart, and it sounds like you're ahead of most people I talk to.

Please do consult an attorney for your specific situation, but getting that conversation started now rather than waiting on the VA could matter given the statute of limitations in your state.
2 found this helpful
Attorney Expert Response
One thing I haven't mentioned yet that could matter a lot here, the Camp Lejeune Justice Act of 2022 opened a separate federal civil claim pathway that runs completely independent of your VA disability claim. So you're not locked into that VA-first sequence you described.

I had a client file a Camp Lejeune federal claim in early 2023 while his VA claim was still pending, and both moved forward at the same time. The VA claim resolved first around month nine, but the federal claim is still active and potentially adds a separate recovery on top of it.

The statute for Camp Lejeune claims is 28 U.S.C. 2671 and the filing window under the PACT Act runs through August 2024, so timing does matter here. With your documented barracks exposure and the Iwo Jima service layered on top, you may have multiple viable avenues running simultaneously rather than sequentially. That's a different picture than most people come in with.

Talk to an attorney about your specific situation, but don't assume the VA claim is the only train leaving the station.
2 found this helpful
Veteran
That's actually good to know. I wasn't sure if filing the federal claim would mess with the VA process or vice versa, but sounds like they don't step on each other. So theoretically I could push both at the same time without one killing the other.

How much documentation do you need for that federal claim compared to what the VA wants? I've already sent the VA everything twice because they kept saying files were missing.
Family
Joe's been waiting since November too and honestly the silence is the worst part... I'd call them directly if you haven't already, sometimes a person on the phone moves things faster than sitting in the queue. Have they at least acknowledged receipt of your claim?

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