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what kind of settlement money are we actually talking about here

Veteran · · 50 views
Got my diagnosis in June, surgery in August, so I'm still early into this thing. But everyone keeps asking me about the money side and I don't have a straight answer. I know there's lawsuits and VA claims and settlements but nobody explains what the actual numbers look like.

I was on the Oriskany 71 to 91 as a hull tech, so I definitely got exposure. But I'm not trying to get rich off being sick, I just need to know if this covers the medical bills and what's left over. Is it thousands, tens of thousands, what.

Also is the VA disability separate from lawsuit money or does one cancel out the other. My VA rep wasn't super clear on that part.

Anyone been through the settlement process far enough to know what actually happens with the money.

8 Replies

Veteran
Got my VA claim filed back in November, still waiting on that decision but I know how slow they move. Here's what I'm seeing so far.

VA disability and lawsuit settlements are separate animals. VA will pay you monthly based on your rating, that's your own money and it doesn't get affected by any settlement you get. So that's not an either/or situation, thank God.

The settlement side though, that's where I don't have solid numbers yet because I'm still in process. What I will say is medical bills add up fast. Had surgery in December and even with my VA coverage it was brutal. But the settlements I've heard about from other guys at the VA hospital in San Diego range pretty wide depending on your case, exposure history, stage at diagnosis, all that stuff. Nobody's gonna tell you a number until lawyers actually do the work.

My advice based on where I'm at: get a VA disability rating first if you don't have one. That's monthly money coming in regardless of what happens with litigation, and that matters when you're dealing with chemo or follow-up treatments. The lawsuit money, if it comes, is separate and it's basically to cover what the VA doesn't and compensate you for the exposure itself. But don't sit around waiting for that settlement to cover your bills. That's not how to plan it.

Talk to a mesothelioma attorney, they handle this all the time and they can give you realistic expectations based on your service record. Oriskany exposure is solid documentation too, so you got that going for you.
Veteran
VA rep not being clear sounds about right, honestly. Push them on it though because they'll try to tell you one cancels the other when it shouldn't, and you need that in writing before anything settles.
Veteran
Yeah that's exactly what I'm worried about. They keep giving me the runaround when I ask specifics. I'm gonna get it in writing like you said, sounds like that's the move before anything gets signed. Thanks for the heads up, W.
Veteran
The money side is honestly less predictable than the medical stuff. I'm Stage II, diagnosed October, had surgery in December and I'm still in that weird holding pattern where I don't know if I'm looking at six figures or what. The VA disability will come through eventually, that's separate from any settlement, but here's what nobody tells you: the lawsuit money takes forever and the amounts vary wildly depending on your stage, age, and what ship or base you were on. USS Iwo Jima folks I've connected with got different numbers than Camp Lejeune guys, and I was at both so I'm honestly not sure which exposure they'll weight more.

What I'd tell you is don't let the money questions stop you from getting aggressive about your VA claim right now. That's the only thing you can actually control the timeline on. The lawsuit stuff will happen when it happens but your VA disability is supposed to be paying you monthly once it's approved, and that's real money you can count on while you wait for the settlement side. I'm still waiting on my claim decision and it's been three months, which is apparently normal but infuriating.

The medical bills thing though... yeah, you're gonna want to talk to whoever handles your case about that specifically because settlements sometimes go straight to covering treatment costs before you see anything. Mine might. Get that in writing too.
Veteran
Same timeline as you almost. June diagnosis, August surgery. Still figuring out the financial side myself so I get the question.

What I've learned so far: VA disability and lawsuit settlements are separate streams. The VA pays you monthly for your rating, that's independent. Settlement money if you pursue it would be on top of that, but I'm not gonna throw numbers at you because everyone's situation is different depending on stage, cell type, all that. Some guys get more, some less. I've heard anywhere from mid five figures to much higher but that's just locker room talk, not gospel.

The VA wasn't clear with me either at first. Got a veterans service officer who specializes in this stuff and that made the difference. They walked me through how the benefits work together, not against each other. Worth asking for a referral if you don't have one.

Biggest thing I've learned is don't rush the settlement side. Medical bills are real and they pile up fast. We did the pleurectomy at Naval Station Norfolk VA hospital so that was covered through VA already. But chemo and follow-up scans add up. The settlement process takes time though, months or longer, so if you need money now the VA disability is what keeps the lights on.

Talk to a lawyer who handles these cases. They work on contingency so you don't pay upfront. They'll give you realistic numbers based on comparable cases, not me guessing on a forum. That's the straight answer.
Veteran
VA disability and lawsuit settlements are separate, you can get both. Numbers vary a lot depending on your stage and how much exposure you can prove, but talk to a mesothelioma attorney about what realistic range looks like for your case.
Patient
I'm still in the early stages myself so take this with a grain of salt, but I've been doing a lot of research since my November diagnosis. The numbers vary wildly depending on stage, age, life expectancy projections, and whether you're going through a trust or litigation. From what I've gathered talking to people in my support group, we're talking anywhere from low five figures to mid six figures, but that's such a broad range it's almost useless.

What I found helpful was looking at actual trust distribution schedules. The asbestos trusts that handle claims from old manufacturers have published payment percentages based on disease severity. For peritoneal mesothelioma you're generally looking at higher payouts than pleural because it's rarer and often more aggressive. But they only pay out a percentage of their allowed claim amount depending on trust solvency, which changes every year.

The VA disability is completely separate. You can get both. I'm filing for VA benefits right now and my oncologist said there's no conflict between pursuing that and a settlement. The VA looks at service connection, the lawsuit/trust looks at asbestos exposure. Different systems entirely. Just keep documentation organized because you'll need to prove dates and exposure for both.

One thing nobody really explains upfront is the medical lien situation. Some of your settlement might go directly to cover treatment costs before you see it. I'm keeping a spreadsheet of all my medical expenses since diagnosis because that's going to matter when we actually get to settlement discussions. Also don't assume one payout. Some people get partial distributions over time depending on the trust or settlement structure.

The real honest answer is you won't know numbers until you actually go through the process. But it's worth doing both the VA claim and exploring your options with the trusts because it's not one or the other.
Attorney Expert Response
The VA benefits and litigation compensation are separate streams and one typically does not cancel out the other, though there are some offset provisions that can apply depending on how the claim is structured. Worth having someone walk through that specifically for your situation.

On the numbers question, I can't give you figures and honestly anyone who does upfront is guessing. What I can tell you is that the variables that actually drive these cases are things like documented exposure history, the specific diagnosis, age at diagnosis, and which companies manufactured the materials you worked with. Hull techs on Nimitz class and older carriers like the Oriskany were working with some of the most heavily insulated environments in the Navy, so the exposure documentation piece is usually strong. We've seen cases where the paper trail from a single ship assignment did most of the heavy lifting.

The process in most asbestos cases goes something like this... you file against multiple defendants, some settle early, some go further. There are also trust funds set up by bankrupt asbestos manufacturers, and those are separate from any lawsuit entirely. Some families end up filing against a dozen trusts and never go near a courtroom.

The medical bills piece is something attorneys in this space think about when structuring settlements, because how proceeds are allocated can matter for Medicare and Medicaid purposes. A case settled in 2019 I was involved in required a Medicare Set-Aside arrangement that nobody had anticipated early on. Just something to be aware of.

Please consult an attorney who handles asbestos litigation specifically, because the VA offset question alone varies enough by jurisdiction that you need someone looking at your actual paperwork.
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