Navy Veterans and Mesothelioma: Understanding Your Claim in Florida

A Navy veteran with mesothelioma in Florida may have legal options. This is true even when the asbestos exposure happened decades ago. These options can include a lawsuit, a claim against an asbestos bankruptcy trust, and VA disability benefits. This page explains how military records can help show where exposure may have happened.

Who This Page Is For: Navy Veterans and Their Families

This page is for Navy veterans diagnosed with mesothelioma. It is also for the spouses, children, and relatives helping them through it.

Many families are still trying to understand the diagnosis when they first search for answers.

Here is what this page covers:

• How asbestos exposure happened during Navy service
• Which military records help show where and when exposure may have occurred
• How mesothelioma lawsuits and asbestos trust claims work, in general terms
• What VA benefits may apply, and who decides them

A claim may exist even if the veteran never worked in a shipyard or in a ship’s engine room. Navy exposure happened on ships, in shipyards, and on shore bases.

This is general information for Florida readers. It is not medical advice. Please follow the care plan set by the treating doctors.

How Asbestos Exposure Happened in Navy Service

Navy veterans were exposed to asbestos through the materials on ships and bases. They were also exposed through the work done on them.

Asbestos was used in many parts of ships and bases. These parts include insulation, gaskets, pumps, valves, and boilers.

Mesothelioma is a rare cancer linked to asbestos. It affects the thin lining around the lungs, chest, or abdomen. The CDC’s ATSDR notes that its signs may appear 30 to 40 years after exposure.

That long delay is why many veterans don’t connect a diagnosis today to service that ended long ago. Exposure to amphibole asbestos is associated with an increased risk of mesothelioma.

A claim turns on where and how the person was exposed. The ship, duty station, and job assignment usually matter most. Exposure during shipyard overhaul or repair work is also part of that review.

Records That Help Show Where You Were Exposed

The DD-214 and the service file are usually the first documents reviewed. Gather whatever papers you have, even if the set is incomplete.

• DD-214 (Certificate of Release or Discharge from Active Duty): Lists the branch, dates of service, and military occupational specialty (the job the veteran held).
• Ship assignments and transfer orders: Show which vessels and bases the veteran served on, and when.
• Job rating: Some roles worked closer to asbestos-containing equipment and materials than others.
• Ship histories and shipyard records: Add detail about the work done aboard and during repairs.
• Statements from former shipmates or coworkers: Can describe the work and conditions in their own words.

Don’t see your ship on a published list? A missing ship does not end the review. The review looks at the veteran’s assignments and the work actually performed.

Mesothelioma Claims, Trust Claims, and VA Benefits

Families may have several routes to explore. These include a lawsuit, an asbestos trust claim, and VA benefits.

Each route follows its own rules. They can be reviewed together.

Lawsuits. Florida law allows an asbestos civil action in Florida courts if the person lives in Florida. It also applies if exposure that is a substantial contributing factor to the physical impairment on which the claim is based happened in Florida. Florida law also requires a plaintiff in an asbestos or silica claim to include with the complaint or other initial pleading a written report and supporting test results showing physical impairment. For claims pending when the act took effect, that report must be filed at least 30 days before a trial date is set, and claims filed in this state on or after the effective date must also include a sworn information form. See Fla. Stat. § 774.205.

Asbestos bankruptcy trusts. Some companies that made asbestos products went through bankruptcy. Those companies set up trusts. The trusts may pay claims separately from a lawsuit. Each trust has its own forms and records.

VA benefits. Federal law provides VA disability compensation for disability from disease contracted in line of duty in active military, naval, air, or space service during a period of war, for veterans discharged or released under conditions other than dishonorable, but no compensation is paid if the disability results from the veteran’s own willful misconduct or abuse of alcohol or drugs. VA rules also allow service connection for a disease diagnosed after discharge when the evidence shows it began in service. The VA decides eligibility. Confirm details directly with the VA.

Some matters may be referred to, or handled together with, another law firm. The firm will tell the client when that happens.

What a Mesothelioma Claim Can Address

What is available depends on the facts of each case.

• Medical costs: Treatment, hospital care, medications, and related travel the family may be paying for now.
• Lost income: For the veteran, and for a family member who reduced work to provide care.
• Pain, suffering, and loss of enjoyment of life: The effects the illness has had on daily life.
• Wrongful death: For families who have lost a veteran, Florida law lets a surviving spouse recover for lost companionship and mental pain and suffering. Minor children may recover for lost parental guidance. A survivor who paid medical or funeral bills may recover those costs.

Florida law does not allow punitive damages in asbestos claims. A claim therefore focuses on the losses described above.

No outcome or amount can be promised for any family.

How the Process Works, Step by Step

The process starts with a free, confidential first consultation. After that, the firm reviews the records and the medical diagnosis together.

1. First consultation. This is free and confidential, with no obligation to continue. Bring the DD-214, medical records, and any service or work history you have.
2. Records review. The firm reviews military records, job assignments, and ship and base history. The goal is to find possible sources of exposure.
3. Claim options. The firm identifies possible routes. These include lawsuits, asbestos trust claims, and VA benefits, which are to be confirmed with the VA.
4. Filing and pursuit. Florida deadlines apply. For asbestos and silica claims not barred as of the act’s effective date, Florida law does not start the time limit until the person discovers, or through the exercise of reasonable diligence should have discovered, physical impairment from an asbestos-related or silica-related condition. These rules can be complicated. Contact the firm promptly.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Why Florida Veterans Contact CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It serves people across Florida, including Miami, Orlando, Tampa, and Jacksonville.

• Responsible lawyer: Igor Hernandez is the responsible lawyer for this page.
• Licensed attorneys: The firm’s lawyers are licensed attorneys admitted to The Florida Bar.
• Support staff: Our team helps families gather and organize service and medical records.
• Practice areas: The firm handles mesothelioma and other asbestos claims. It also handles car accidents, truck crashes, catastrophic injuries, and wrongful death.
• Plain language: We explain each step in plain words, so families know what comes next.

Frequently Asked Questions