On 16 December 2015, the Ministry of Defence changed their policy to allow military personnel diagnosed with mesothelioma the option of choosing whether they want to receive a lump sum or a traditional war pension. The change was not applicable to all veterans already diagnosed with mesothelioma.
Rhod Minall and Fred Palmer were also affected as they were exposed to asbestos during their military service, or in civilian positions. This was a huge injustice to them and their families.
The law has been changed
Mesothelioma is an aggressive type of cancer that is caused by exposure to asbestos. The symptoms can take several years to manifest and, once diagnosed with the disease, sufferers are likely to live for one or two more years.
The government's decision to alter the law is a huge step in the right direction. From April 2016, veterans of the armed services diagnosed with mesothelioma will be able select whether to receive a pension or receive a lump sum of up to PS140,000. This is significantly higher than the average civilian compensation award.
Before the changes, veterans of the armed forces who were diagnosed with Mesothelioma were only granted access to a War Disablement Pension. However, this only provided a monthly income and was not appropriate for those suffering with serious long-term diseases such as mesothelioma. In addition, it was not possible to access lump sum compensation under the War Pension Scheme.
After intense lobbying, and aided by the Royal British Legion, Asbestos Victims Support Group Forum and the Royal British Legion, the law was amended to give veterans of the armed forces diagnosed with mesothelioma the right to lump sums of up to PS140,000 in addition to the traditional War Pension. The lump sum will be tax-free.
Prior to this, mesothelioma patients would have been eligible for a war-related disability pension of up to PS32,000 in the event that the patient was unmarried or divorced. However, civilians who have mesothelioma can receive up to PS600,000 under the government's Diffuse Mesothelioma Scheme.
The new law will apply to all armed forces veterans diagnosed with mesothelioma who wish to take up this option. It is also accessible to those who were exposed to asbestos during their military service and outside of it, known as "dual exposure".
Mesothelioma UK has already started helping former sailors and other military services personnel with mesothelioma claims. We can assist them in understanding the new laws and the implications. We can also help them to find out about the best method of obtaining compensation. This could include tracing businesses who are responsible for their asbestos exposure.
The lump sum will be PS140,000
The level of compensation awarded to patients is determined by several factors, like age, the impact mesothelioma has on life expectancy and the level of care required. The amount of compensation given to patients is determined by various factors including age, the effect mesothelioma can have on life expectancy, and how much care they need.
Asbestos sufferers must seek compensation from asbestos exposure responsible parties. For those who are unable to locate the responsible parties, a government program pays lump sums of money to mesothelioma sufferers. The average award is PS144,000.
Previously, ex-servicemen diagnosed with mesothelioma would only be eligible for a war-related disability pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly amount that is based on the person's age and the severity of their disability. This is a much smaller amount than the civilian mesothelioma settlement, which could be in six figures.
Fred Minall from Northampton who was a member of the Royal Navy as a naval engineering between 1957 and 1964 was informed that he is entitled to a lump-sum payment of PS140,000 under the new law. He suffers mesothelioma which is an incurable lung disease caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, says that this is a major victory for veterans who have mesothelioma. The majority of Navy personnel, as well as many civilians, were docked in US ports throughout their careers which exposed them to asbestos-related toxins. This is due to the widespread use of asbestos on American ships at the time. The symptoms of mesothelioma may take years to show up, and as a result the patients are often left with fewer options to seek compensation.
The Ministry of Defence confirmed that Mesothelioma sufferers, who had not previously been awarded an amount of war-pension, will be offered up to PS140,000 in a lump-sum payment. This is a significant increase over the current amount non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
The new payment will be deducted from the existing war pension that an individual receives. Therefore, it is important that anyone diagnosed with mesothelioma contemplating applying for this payment seeks advice from seasoned mesothelioma solicitors to ensure they receive the right deal.
It is a victory for the Royal British Legion
The Royal British Legion has issued an abrasive critique of the government for allegedly not keeping its promise to legislate the military covenant. The charity has demanded that the minister explain why the government is not honouring its commitment to veterans. It has also threatened to withdraw from a number of forums where it has been working with the Ministry of Defence.
The Legion's engagement with the MoD is important, but it needs to be more efficient to ensure that the community is treated in a way that is a real improvement to their lives. It is important to improve the feedback loop on forums to ensure that issues that are not addressed consistently are understood, and the reasons for this are clearly explained.
The Royal British Legion, as the largest and most enduring Armed Forces Charity, is located at the heart of a nationwide network that offers support to members of the Armed Forces. The Royal British Legion is the most effective organization to understand the challenges that confront those who served as soldiers, their widows and orphans, and their families.
One of the major concerns of mesothelioma sufferers is that they are often left without financial security because of their disease. The amount of compensation offered isn't always enough to cover living expenses or medical expenses, and mortgages are typically difficult to obtain.
This is especially true for Navy veterans who have been diagnosed with mesothelioma, since asbestos was widely used in shipbuilding and other Naval activities. Many veterans are struggling with the symptoms of their disease and the impact it has on their financial health.
There are a variety of organizations that can help. For instance, mesothelioma lawyers can assist in obtaining legal compensation for sufferers, which can be used to pay for treatment or essential living costs. In addition, mesothelioma victims are also able to file claims for compensation from companies who supplied them with asbestos products.
Veterans will welcome it
The Ministry of Defence announced that Navy veterans with mesothelioma are able to receive a lump-sum payout of PS140,000. The Ministry of Defence announced that Navy veterans diagnosed with mesothelioma will be able to access an amount of PS140,000 in a lump sum.
This news will be greeted by the thousands of former service personnel diagnosed with mesothelioma. The law has been amended to allow them to receive the same compensation amount as civilians who have mesothelioma cases.
The change is a result of the campaigning of the Royal British Legion and other groups, which resulted in the Prime Minister agreeing to investigate the issue. The MoD's U-turn will allow a number of dying veterans who would have been entitled to a pension to choose a lump-sum. This will give them peace of mind and the financial assistance they require to live the rest of their lives.
Asbestos has been linked to mesothelioma. It can take years for symptoms to manifest, but even a single exposure can increase the risk of developing the disease. The vast majority of mesothelioma sufferers were exposed to asbestos while at work, which includes Navy shipyards. Last year, the UK law was amended to allow employees who were exposed to asbestos at work to sue their employers. However, many veterans are unaware that they could be eligible for compensation from the government.
Mesothelioma has been a terrible illness that has had a devastating impact on many lives. The decision by the government to tackle the unfair treatment of military veterans is a major victory.
However, it is not enough to stop the suffering of veterans who have mesothelioma and their families. mesothelioma compensation claims have to seek compensation from companies that supplied the armed forces with asbestos products. Veterans may be able to file trust fund claims against a variety of different corporations depending on where they worked, including bases, shipyards, and ships. This can include large multinationals who have a long history of selling asbestos-related products to the US Navy or other branches of the military.
