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Navy veteran - asbestos exposure from USS Kitty Hawk

Veteran · · 126 views Expert Answer
I served on the USS Kitty Hawk from 1978-1984 as a machinist mate. The engine rooms were full of asbestos insulation on every pipe. We scraped it off and replaced it with no protection whatsoever.

I was diagnosed with mesothelioma last year. I've filed my VA claim but it's been 8 months with no decision. Has anyone had success with the VA disability claim process for mesothelioma? Any tips on speeding it up? My VSO says I should get 100% disability but the waiting is killing me.

9 Replies

Attorney Best Answer
Frank, thank you for your service. Navy veterans, especially those who served in engine rooms and boiler rooms, have some of the highest rates of mesothelioma due to heavy asbestos use on ships through the 1980s.

Regarding your VA claim:

1. Mesothelioma from military asbestos exposure should qualify for 100% disability with Individual Unemployability (IU) if applicable. The VA recognizes this connection.

2. To speed up the process, make sure your claim includes: (a) your service records showing your rate/MOS and ship assignment, (b) your mesothelioma diagnosis from a pathologist, and (c) a nexus letter from your doctor linking the diagnosis to military asbestos exposure.

3. Ask your VSO about requesting expedited processing due to serious illness. The VA has a process for advancing claims on the docket for veterans with terminal diagnoses.

4. If your claim is denied or delayed beyond 6 months with a serious illness, contact your Congressional representative's office. They have liaisons with the VA who can escalate.

5. You may also be eligible for VA Aid and Attendance benefits and Special Monthly Compensation on top of disability compensation.

Don't give up on this. The VA benefits are your right.
11 found this helpful
Veteran
Man, 8 months is rough but honestly sounds about normal for VA these days. I filed mine in November after my diagnosis and I'm still waiting too, got my surgery done in December but the claim's just sitting there. My VSO told me the same thing about 100% but they gotta do their thing I guess.

What helped me was getting my medical records together fast and making sure my VSO had everything from the VA hospital. Also filed a supplemental claim early with new evidence once I had the surgery docs, don't wait for them to deny you first. And if you got buddies from the Kitty Hawk who can write statements about the conditions down there, that stuff matters. The VA responds to that.

The engine room work you did... that's textbook asbestos exposure. They know it. Just gotta make sure they got the paper trail. Stay on your VSO, call them every couple weeks. Don't be shy about it. And document everything, every doctor visit, every test result. You earned this claim.
Family
Frank, my husband Joe is going through something similar right now and the waiting is the hardest part, it's like teaching, you know? You do all the prep work and then you just have to trust the process will work... except the process takes forever. Sending you strength while you wait.
1 found this helpful
Patient
Yeah Frank, that's rough man. I'm only a few months into my own thing, got the EPP surgery done back in Feb and doing alright so far. But I've been dealing with insurance companies and disability stuff my whole life so I got some thoughts here.

First thing, get yourself a VSO if you don't have one already. Sounds like you do which is good. But don't just let em sit on it, call em every couple weeks, be annoying about it. They work for you. Second, make sure all your medical records from the Navy are in that claim file. Sometimes stuff gets lost between here and there and that slows everything down.

Also and this is the thing nobody tells you, 8 months might actually be normal for VA but you can file an appeal or request a faster review if your condition is gettin worse. I don't know all the legal stuff but from what I've read, mesothelioma sometimes qualifies for expedited handeling because, well, you know... time ain't exactly on our side. Your VSO should know about this.

The waiting part sucks more than the actual diagnosis sometimes. I get it. Just keep pushin on em. Don't take no for an answer.
1 found this helpful
Family
Frank, I'm sorry you're dealing with this on top of everything else. Eight months is frustrating but yeah, unfortunately pretty typical. The VA's backlog is real and mesothelioma cases can get complicated because they want detailed exposure documentation.

My dad's situation is a little different since he wasn't military, but I've been navigating the medical side of his palliative care and I've seen how slow these systems move. A couple things that might help, make sure your VSO has submitted your complete military medical records along with the claim. Sometimes they sit waiting for records to arrive. Also, if you haven't already, ask your treating oncologist or pulmonologist to write a specific letter linking your mesothelioma diagnosis directly to your service on the Kitty Hawk. The VA sometimes needs that explicit causation statement spelled out, not just assumed from the exposure history.

And honestly, if it hits the one year mark without movement, don't hesitate to file an appeal or ask for escalation. You shouldn't have to be that pushy but the squeaky wheel thing does apply here. Your VSO should be able to help with that too.

Hang in there. The 100% rating should come through, those engine room exposures are pretty documented at this point. How are you doing otherwise with treatment?
Patient
Frank, I'm in a similar boat, diagnosed just last month with peritoneal meso from my time at Johns-Manville back in the 70s and 80s. Haven't filed my VA claim yet but I've been doing a lot of research on the process and I've learned a few things that might help.

The VA is supposed to fast-track mesothelioma cases because of how aggressive it is, but honestly the backlog means that doesn't always happen. What I've read is that having your VSO submit detailed medical documentation alongside the claim actually does speed things up, not just your diagnosis but specifics about your exposure and how it connects to your service. I know William mentioned his is still pending since November, which tells me the timeline really varies.

One thing I haven't seen mentioned here, have you requested an expedited review? The VA has provisions for terminal illnesses and you should qualify. Your VSO should know about this but sometimes they don't push for it unless you ask. Also, keep copies of everything, your medical records, pathology reports, imaging. I keep a file for my own case because I've found the system isn't always as connected as it should be.

The waiting is awful, I get it. Are you at least able to get your treatment covered through your regular insurance in the meantime or are you self-paying?
1 found this helpful
Veteran
Yeah man, the waiting is brutal. I'm in the same boat, diagnosed Oct last year, filed my claim in November and still nothing. It's been over a year now and the VA keeps saying "we're reviewing your file." Meanwhile you're dealing with the actual disease.

Here's what I've learned. Make sure your VSO submitted everything. And I mean everything. Chest X-rays, CT scans, pathology report from your biopsy, your service records showing where you were stationed. The VA won't move on incomplete files and they won't ask you for the missing stuff, they just sit on it. I had to call my VSO three times to confirm my surgical records from my December operation got submitted. Third time was the charm.

Also get copies of everything yourself. Don't rely on anyone else to handle it. Your diagnosis paperwork, your military records, all of it. Keep it organized. The VA system is a mess and sometimes your file gets lost or misfiled. Having your own copies means you can push back when they say they don't have something.

The USS Kitty Hawk and Camp Lejeune were both contamination nightmares. Ship engines were worse honestly. We had zero PPE, they didn't care. At least on land people eventually figured out it was dangerous. At sea you're just breathing it in every single day.

One thing that helped me. I got a statement from another guy I served with who witnessed the exposure. The VA weighs that pretty heavy. See if you can track down anyone else from your engineering crew. Even just a short statement saying "yeah we were exposed to asbestos with no protection" makes a difference.

The 100% rating is solid. That's what my VSO is pushing for too. Mesothelioma is basically automatic 100 if they approve it at all. The fight right now is just getting them to actually process the claim instead of letting it sit in limbo.

Hang in there. This part sucks but don't let up on them.
Veteran
Got diagnosed June of last year, had my surgery August. Still going through it all myself so I get the waiting game, it's rough.

VA screening caught mine early which helped. Your VSO saying 100 percent is solid, that's what I was told too. The waiting though... yeah. I'd call the VA regional office directly if you haven't already. Don't just sit on it. Ask for a status update, get a name, call back in two weeks. They move faster when you're actually present to them instead of just a file number.

Engine rooms on the Oriskany were the same way back in my day. We had no idea what we were breathing. They knew though, they absolutely knew. That's the thing that gets me.

Document everything you remember about the work you did, where the exposure happened, how many times. Your VSO needs that ammo. The VA wants specifics not just "yeah we had asbestos." Dates, locations, the work itself. Helps them push it through faster.

And don't wait to get a second opinion on your medical side either. Make sure you've got a good oncologist who specializes in this, not just a general pulmonologist. That matters for the claim.

You're gonna get through this. The Navy teaches you how to stand watch and that's what we do. We stand the watch. One day at a time.
Veteran
I'm in the same boat, brother. Oriskany, hull tech, 1971 to 91. Diagnosed June of this year after a routine VA screening caught it early. Had the surgery in August and I'm doing okay recovery-wise but yeah, the waiting game with the VA is rough.

Eight months is a long time but not unusual from what I'm hearing. My claim went through pretty quick, filed in June, got my rating by September. But I think I got lucky with timing and the fact that the screening caught mine before I had to fight hard for it. Your VSO is right though, mesothelioma is straight 100% P&T. That's not something they're gonna argue.

Push your VSO to follow up. Don't be shy about it. Call the regional office directly, get a case number if you don't have one, ask specifically what's holding it up. Sometimes these things sit in a pile and a phone call gets it moving. The VA processes a lot of claims and mesothelioma should be expedited but that doesn't always happen automatically.

Also make sure your VA paperwork ties your service directly to the exposure. They want to see the ship, the years, the job. I documented everything about the Oriskany before I filed. Shipboard asbestos is pretty straightforward as far as service connection goes, you were there, it was everywhere, that's the evidence right there.

Hang in there. The money will come through. Focus on your recovery right now.

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