If you are a veteran diagnosed with mesothelioma or another asbestos‑related disease, you may be wondering whether you have to choose between VA benefits and a civil claim. The good news is: you typically do not. You can pursue both VA compensation and asbestos trust fund payouts or a lawsuit simultaneously. That dual path may give you the financial support you deserve.
Why Veterans with Mesothelioma Can File Both a VA Claim and a Civil Lawsuit
VA disability benefits are awarded for service‑connected conditions. A mesothelioma diagnosis linked to your military service can qualify you for a 100% disability rating. But civil legal claims or trust fund claims address a different issue: accountability from companies that manufactured or supplied the asbestos products you were exposed to.
- VA benefits provide steady monthly payments and possible health care support.
- Civil claims or trust fund claims seek lump‑sum compensation for pain, suffering, lost income, and more.
- Pursuing both does not typically interfere with the other.
Step 1: Filing Your VA Mesothelioma Claim
Gathering Your Evidence
You will need key documents to support your VA disability claim:
- Your service record (for example, Form DD214).
- Medical records showing your mesothelioma diagnosis and a doctor’s statement (nexus) linking it to your military service.
- Any duty‑station history or exposure summaries.
Submitting the Claim & Understanding the VA Timeline
To begin, you must file a VA disability claim for mesothelioma or ask to increase your current rating. According to VA benefits resources, as of 2025, married veterans with a 100% rating may receive up to $4,044.91 per month.
VA claims may take several months to process, but having a VA‑accredited representative or attorney by your side can help you file more effectively and monitor your claim.
Step 2: Starting a Civil Mesothelioma Lawsuit or Trust Fund Claim
Trust Fund Claims vs. Lawsuits
There are two major legal routes you can take in addition to VA benefits:
- Civil lawsuits: You sue non‑bankrupt companies that exposed you to asbestos, seeking compensatory damages.
- Asbestos trust fund claims: You file with a trust created by bankrupt companies to compensate victims. These often resolve faster and without a court.
Many veterans pursue both types of claims. Experienced attorneys often work with veterans with mesothelioma to file trust fund claims or civil lawsuits efficiently. According to a leading veteran resource, there is over $30 billion available in asbestos trust funds.
Learn more about asbestos trust fund payouts.
Documents Your Legal Team Will Need
Your attorney will likely collect:
- Service history and location of exposure.
- Employment records or ship assignments if you were in the Navy.
- Medical documentation and expert opinions establishing causation.
- Witness statements or co‑worker affidavits, when available.
Will Filing a Lawsuit or Trust Fund Claim Reduce My VA Benefits?
No. Filing a civil lawsuit or a trust fund claim does not normally reduce or jeopardize your VA disability benefits. The VA benefit is compensation for a service‑connected illness. Your lawsuit or trust fund claim is against private manufacturers, not the government.
“If you have a health condition caused by contact with asbestos during your service, you may be eligible for VA disability compensation.” – U.S Dept of Veterans Affairs
Timing Is Critical: Texas‑Specific Deadlines and Statute of Limitations
If you are in Texas, be especially mindful of filing deadlines. In many cases, the statute of limitations for asbestos injury or wrongful‑death claims is from diagnosis or death. Missing this window could bar your ability to bring civil claims or trust fund filings.
For help navigating Texas deadlines and understanding your rights, get in touch with a Texas mesothelioma attorney who understands state law and veteran exposure.
How VA Benefits, Lawsuit Settlements & Trust Fund Payouts Can Work Together
Here is how different compensation streams may stack up:
- Monthly VA payments: If rated 100%, many veterans receive over $4,000 a month.
- Trust fund payouts: Average payouts range between $300,000 and $400,000, depending on trust eligibility and payment percentage.
- Lawsuit settlements: Civil mesothelioma settlements commonly range from $1 million to $1.4 million, according to research.
Your legal team can coordinate filings so that you maximize compensation without jeopardizing any individual stream.
What Veterans and Families Should Do Right Now: A Practical Checklist
- Request your service records (DD214 or equivalent) if you don’t already have them.
- Ask your oncologist or pulmonologist for a nexus letter that links your mesothelioma to your military service.
- Contact a VA‑accredited representative to file or upgrade your VA claim.
- Reach out to an experienced mesothelioma law firm to begin trust fund or lawsuit work.
- Act quickly to avoid missing critical filing deadlines.
Why Choose a Mesothelioma Law Firm That Understands Veterans’ Needs
You deserve a legal partner who has experience handling both VA claims and asbestos litigation. A veteran‑friendly mesothelioma firm understands the science, the exposure risks, and how to navigate trust fund filings. With the right attorney, you can pursue multiple compensation avenues without stress.
At our firm, we work on a contingency fee basis, meaning there are no upfront legal costs. We explore every possible source of compensation — from trust funds to lawsuits and VA disability benefits — to ensure you and your family receive what you rightly deserve.
Take the Next Step: Free Case Evaluation
If you or a loved one is a veteran diagnosed with mesothelioma, do not wait. Give us a call or request a free case evaluation today. You may qualify to file multiple claims, and the sooner you act, the better your position will be.
Reach out to us now at Danziger & De Llano LLP. We are here for you, every step of the way.
Statistic: Veterans account for nearly 30 percent of all mesothelioma diagnoses in the United States, underscoring the disproportionate risk they carry.
Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.