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VA benefits vs. asbestos trust funds - can you get both?

Veteran · · 234 views
I'm a Vietnam-era veteran diagnosed with mesothelioma from shipyard asbestos exposure during my service. I'm getting VA disability compensation but someone told me I might also be eligible for asbestos trust fund payments.

Does getting VA benefits affect your ability to file trust fund claims? Can you do both? I don't want to jeopardize my VA benefits by filing elsewhere. Has anyone navigated this successfully?

9 Replies

Patient
Hey William, Paul and Frank nailed it. I'm not a vet myself but I went thru something simlar with my exposure, turns out you gotta keep those claims on seperate tracks like they said. The VA doesn't care what you do with trust fund stuff, they're looking at different things entirely. What I'd say is get yourself a good lawyer who knows this stuff inside and out, not some general practice guy. They'll handle filing everything proper so you don't shoot yourself in the foot. Trust me you don't wanna mess that up. And honestly the peace of mind knowing somebody who does this all day is handling it? Worth every penny. You served your country and got exposed because of it, don't leave money on the table just because you're worried about the paperwork.
1 found this helpful
Veteran
William, YES you can get both. I'm a Navy veteran getting VA disability AND I filed trust fund claims through my attorney. They are completely separate systems.

VA benefits come from the government. Trust fund claims come from the companies that made or sold the asbestos products. One does not affect the other.

My attorney handled all the trust fund filings. I didn't have to do much beyond providing my work history and medical records. I've received payments from 3 different trusts so far.

Don't leave money on the table. Talk to a mesothelioma attorney about trust fund claims. It should not affect your VA benefits at all.
1 found this helpful
Veteran
Yeah P., you're right on that. Got my VA comp coming in no problem and that's separate track entirely. What I did was talk to a lawyer who handles these cases. They know the ins and outs better than anybody. The trust fund stuff is from the companies that made the asbestos products, not the government. Two different pots of money. I'm almost 4 months out from my pleurectomy in August and the VA's been solid with my disability rating. The trust claim is still working through the system but that's got nothing to do with my VA checks. Don't let anybody tell you they interfere with each other because they don't. Just get yourself some legal help to file it right, that's the key thing.
2 found this helpful
Family
Paul and Frank are spot on, they're completely separate compensation systems so there's no conflict. From a medical and legal standpoint, having VA documentation actually strengthens a trust fund claim because it establishes your service-related exposure history.
3 found this helpful
Patient
I haven't dealt with VA benefits myself since I was civilian-side at Johns-Manville, but I did a lot of digging into this question when I was first diagnosed because I wanted to understand every angle. Paul and Frank are right that they're separate systems, but there's something specific worth knowing. The VA actually requires detailed occupational and exposure history, and that same documentation becomes incredibly valuable for trust fund claims. I kept meticulous records of my exposure timeline from the plant (1978-1985, specific departments, coworkers who've also gotten sick) and that level of detail helped tremendously when we started looking at trust claims.

One thing I'd add though, make sure whoever handles your case has experience with both VA and trust fund claims. They need to coordinate the medical evidence properly so you're not filing conflicting statements about your condition. The VA will want to establish service connection, and the trust funds will want exposure proof and medical causation. They're asking different questions but they're looking at the same disease, if that makes sense.

Also get copies of everything, your VA medical records, your service records showing where you were stationed, any documentation from the shipyard. I reference my symptom journal constantly now (been keeping one since diagnosis in November) and it actually backs up the timeline stuff. The more contemporaneous detail you have, the stronger both claims get.
3 found this helpful
Family
Hey, this is actually something I've seen come up a lot working in healthcare. The short answer is yes, you can typically get both VA benefits and trust fund compensation, they're separate systems and generally don't affect each other. Still, I'm not a lawyer so please verify this with someone who specializes in this area because the details matter.

What I do know from a medical standpoint is that documenting your asbestos exposure during service is crucial for both claims. You'll need solid evidence of where and when you were exposed, which for shipyard work during Vietnam era should be somewhat traceable through military records. The VA will want that documentation anyway for their disability rating.

My dad was exposed through a different pathway but we've dealt with the claims process and honestly the paperwork is intense. You're gonna need imaging confirming mesothelioma diagnosis, pathology reports if you had a biopsy, work history documentation. Get copies of everything from your VA file, that'll help with a trust fund claim too.

One thing I'd really push you on: get connected with someone who handles these cases specifically. There are organizations that help veterans navigate this stuff and they know the ins and outs way better than I do. They can tell you exactly which trust funds might apply to shipyard asbestos exposure and what the timeline looks like. It matters because some trusts have different claim processes and payout structures.

How are you doing with the diagnosis itself? The mesothelioma diagnosis process can be rough.
Medical Expert Response
This is such a common concern and honestly a really important question to sort out before moving forward with anything.

From what I've seen working with veterans in our support groups over the years... the short answer is yes, many veterans do pursue both VA benefits and asbestos trust fund claims at the same time. They're generally separate systems. Your VA disability compensation is based on your service-connected disability, while trust funds are civil claims against the companies that manufactured the asbestos products you were exposed to. Different legal basis, different pots of money.

Though and this is really important. The rules around this can get complicated depending on your specific situation, your state, and how your claims are structured. Some trust funds ask about other compensation you're receiving, and there can be offset rules in certain circumstances. It's not always straightforward.

So please, please talk to a mesothelioma attorney who specifically has experience with veterans claims before you file anything. Most offer free consultations and work on contingency (meaning you don't pay unless they recover money for you). Every case is different so talk to someone licensed in your state who can look at your actual situation.

What I can tell you from the emotional side of this... it's completely normal to feel overwhelmed navigating all of this while also managing a diagnosis. If the stress of the legal and financial piece is weighing heavily on you, that's worth talking to someone about too. A social worker or counselor who specializes in oncology can help you manage that load. I'd recommend reaching out to your VA's oncology social work team as a starting point. They deal with exactly this kind of situation.
4 found this helpful
Veteran
Yeah you can do both. That's one thing the VA won't penalize you for, trust fund claims are separate from VA benefits. I'm dealing with this right now actually.

Filed my VA claim in November, got approved for mesothelioma related to service at Camp Lejeune and the ship. Then I started looking into the trust fund stuff because my oncologist said I should. The way it works is the trust funds look at where you were exposed, shipyards, military service, etc. And they don't care if you're already getting VA money. They're different pots.

What matters is documentation. You need medical records showing the diagnosis, and then proof of exposure during service. For me that was my DD214 showing Camp Lejeune 78-82, medical records from the VA, and then I had to track down more specific stuff about USS Iwo Jima. That part took some digging because records from the 70s aren't always easy to get your hands on.

The VA process itself is slow as hell though. I'm still waiting on some stuff since November and it's almost January now. Don't let that discourage you though, file anyway. Just make sure you have your service records solid before you go after the trust funds because they'll ask for verification.

One thing, don't mention one claim when filing the other. Keep them separate. They're not connected legally but some paperwork gets mixed up if you're not careful with how you submit things.

What ship were you on?
Patient
I'm not a vet so my situation's different, but I've been doing a lot of research on the trust fund side since my diagnosis in November. From what I've gathered, VA benefits and asbestos trust claims are actually separate legal tracks, getting one shouldn't disqualify you from the other. They're different compensation systems entirely.

What I've read is that the VA doesn't penalize you for filing trust claims, and the trust funds aren't going to deny you because you're on VA disability. They're administered through bankruptcy trusts set up specifically for asbestos claims, so there's no overlap in how they evaluate eligibility. Your military service and exposure during shipyard duty would be a separate claim from any occupational exposure you might have had later.

Though there are some nuances with how payments get coordinated depending on which trust you're dealing with and some of them do have offset language, so you'd want to understand what you're signing before you submit anything. I've been keeping detailed notes on which facilities I was exposed to and when, dates really matter for these claims.

Your VA rep might actually be able to point you toward resources on this too. A lot of veterans' advocates know about the trust fund process since asbestos exposure in shipyards was pretty widespread during certain decades. Don't let anyone pressure you into filing before you understand exactly what you're agreeing to, but from everything I'm seeing, you shouldn't have to choose between one or the other.

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