On 16 December 2015 the Ministry of Defence changed their policy to allow military personnel diagnosed with mesothelioma to decide whether they want to receive an amount in one lump sum or a traditional war pension. The decision did not apply to all veterans who had been already diagnosed with mesothelioma.
This includes Rhod Palmer and Fred Minall, who were exposed to asbestos in their military service as well as civilian jobs. This was a huge injustice for them as well as their families.
The law has changed
Mesothelioma, an aggressive terminal cancer that is caused by exposure to asbestos, can take decades to develop. The symptoms can take a long time to show up and, after being diagnosed with the disease sufferers are likely to live for one or two more years.
It is a major step forward that the Government has decided to change the law. Veterans who are diagnosed with mesothelioma could choose to receive their pension or a lump sum of up to 140 000 francs. This is substantially more than the average civilian compensation award.
Before the changes, armed forces veterans who were diagnosed with mesothelioma could receive the War Disablement Pension. It was an income that was regular and monthly, and was not appropriate for those suffering with serious chronic illnesses like mesothelioma. Additionally, it was not possible to obtain 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 who have been diagnosed with mesothelioma to receive a lump sum up to PS140,000, addition to the traditional War Pension. The lump sum will also 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, divorced or widowed. However, civilians who have mesothelioma may receive up to PS600,000 in the government's Diffuse Mesothelioma Scheme.
The new law will apply to all armed forces veterans diagnosed with mesothelioma who want to avail this option. The law will also be applicable to those who have been exposed to asbestos during their service and also outside of it, also known as "dual exposure".
Mesothelioma UK has already started helping former sailors and other armed personnel with mesothelioma-related claims. We can assist them to understand the new laws and what they mean. We can help them determine the best way to receive compensation. This may include tracing companies that are accountable for their asbestos exposure.
The lump sum amount will be PS140,000
The level of compensation awarded to patients is determined by several factors, including age, the effect mesothelioma has on the lifespan and the level of care needed. It is also based on the impact mesothelioma has caused on family members as well as whether or not the patient can work.
Asbestos victims must seek compensation from asbestos exposure responsible parties. However, for those not able to locate the responsible party the government scheme will pay a lump sum to victims of mesothelioma. The amount that is awarded is around PS144,000.
Prior to this, ex-servicemen diagnosed with mesothelioma could only claim a war disablement pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly payment based on an individual's age and the degree of their disability. This is a smaller amount than the mesothelioma civil settlement, which could be in the six figures.
Fred Minall, 74 from Northampton, who served as an engineer in the naval sector of the Royal Navy between 1957 and 1965, has been informed that he will be entitled to a lump sum of PS140,000 under the new law. He is suffering from mesothelioma, a debilitating lung condition caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, believes that this is a huge victory for veterans suffering from mesothelioma. The majority of Navy personnel, along with many civilians, docked in US ports during their careers, where they were exposed to harmful asbestos fibres. This is due to the extensive use of asbestos on American ships during this time. The signs of mesothelioma could not show up for years, leaving veterans with limited compensation options.
The Ministry of Defence confirmed that Mesothelioma patients who have never received an amount of war-pension, will be offered up to PS140,000 as a lump-sum payment. This is a significant increase over the amount that non-married mesothelioma veterans receive under the Diffuse Mesothelioma Scheme.
The new payment will be subtracted from the current war pension that an individual receives. Therefore, it is crucial that anyone diagnosed with mesothelioma who is contemplating applying for this payment seeks the advice of experienced mesothelioma lawyers to ensure they receive the right deal.
It's a win to the Royal British Legion
The Royal British Legion has issued an abrasive critique of the government for not keeping its pledge to legislate the military covenant. The charity has demanded that the minister explain why the government is not honoring its pledge to veterans. It has also threatened to withdraw from various forums that it has worked with the Ministry of Defence.
The Legion's engagement with the MoD is vital, but it needs to be more effective to ensure that the community is being looked after in a way that can make a difference to their lives. It is therefore vital that the feedback loop within forums is improved in order that all issues that are not being addressed are understood and the reasons behind this are made clear.
The Royal British Legion, as the UK's biggest and oldest Armed Forces Charity, is located at the heart of a national network that offers support to members of the Armed Forces. They are also the group that is the most suited to understand the issues that those who serve, have served and their widows and widowers.
Patients with mesothelioma are often left with no financial security is among their main issues. The compensation that is available is typically not enough to cover the cost of care or living expenses, and it's often not possible to get a mortgage.
This is especially relevant to Navy veterans who have been diagnosed with mesothelioma, as asbestos was used in shipbuilding and other Naval activities. This has left many veterans struggling to cope with the symptoms of their illness and the effects on their financial health.
There are several organisations that can assist. For example, mesothelioma lawyers can help to secure legal compensation for patients, which can be used to pay for treatment or to cover essential living costs. Additionally, mesothelioma patients are also able to file an application for compensation from companies who supplied asbestos-containing products.
It will be a welcome sight for veterans
The Ministry of Defence announced that Navy veterans with mesothelioma can receive a lump-sum payout of PS140,000. The Ministry of Defence has announced that Navy veterans diagnosed with mesothelioma will be able to access the lump sum of PS140,000.
Former service members who have been diagnosed with mesothelioma will welcome this news. The law has been amended to allow them to be paid a similar amount as civilian sufferers who have mesothelioma compensation claims.
The change came as a result of an effort by the Royal British Legion, and other groups. This led to the Prime Minister agreeing to investigate the issue. The MoD's U-turn will allow a number of dying veterans who would have been eligible for a pension to receive a lump sum. This will provide them with the peace mind they require and the financial support they need to live out the rest of their life.
Asbestos exposure is linked to mesothelioma. It can take years for symptoms to appear, but just one exposure can increase the likelihood of developing the disease. The vast majority mesothelioma patients were exposed to asbestos while working, which includes in Navy shipyards. The UK law was changed last year to permit people to claim compensation from employers if they were exposed to asbestos on the job However, many veterans are not aware that they can seek compensation from the government.
Mesothelioma has been a terrible illness that has had a devastating impact on many lives. The decision of the government to address the discrimination against military veterans is a major victory.
But it's not enough to end the suffering of mesothelioma patients as well as their families. mesothelioma lawsuit compensation have to seek compensation from the companies who supplied the military with asbestos-based products. Veterans may be able to file trust fund claims with several different corporations, based on the place they worked, including bases, shipyards and ships. This could include a range of multinationals with been known to sell asbestos-related products to the US Navy and other branches of the military.
