On 16 December 2015, the Ministry of Defence changed their policy to allow service personnel diagnosed with mesothelioma to decide whether they want to receive a lump sum or traditional war pension. But the decision was not applicable to all veterans who had already been diagnosed with the disease.
This included Rhod Palmer and Fred Minall, who were exposed to asbestos while in their military service as well as civilian jobs. This was a huge injustice for them and their families.
The law has changed
Mesothelioma is a severe form of terminal cancer that develops from exposure to asbestos. The symptoms can take a long time to appear and, once diagnosed with the disease, sufferers are expected to live for one or two more years.
The decision of the Government to amend the law is a significant step in the right direction. Beginning in April 2016, armed forces veterans diagnosed with mesothelioma will have the option to choose whether to receive their pension or a lump sum of up to PS140,000. This is a greater amount than a typical civil award.
Before the changes, armed forces veterans who were diagnosed with mesothelioma could only be eligible for a War Disablement Pension. This was a limited benefit that only offered a monthly income and was not suitable for those suffering with serious long-term diseases such as mesothelioma. In addition, it was not possible to obtain lump sum compensation under the War Pension Scheme.
After extensive lobbying, which was supported by the Royal British Legion and Asbestos Victims Support Group Forum, the law has been modified to allow armed forces veterans diagnosed with mesothelioma to receive an amount of up to PS140,000 in addition traditional War Pension. The lump sum will also be tax-free.
Prior to this, mesothelioma patients would have been eligible for a war disablement pension of up to PS32,000 in the event that the patient was single or divorced. In contrast, civilians with mesothelioma can receive up to PS600,000 in the Government's Diffuse Mesothelioma Scheme.
The new law will apply to all veterans of the armed forces diagnosed with mesothelioma who want to take up this option. The law will also be applicable to those who have been exposed to asbestos during their service and outside it, also known as "dual exposure".
Mesothelioma UK is already helping former sailors, soldiers and other service members with their mesothelioma claims. We can assist them in understanding the new laws and the implications. We can help them determine the best method to receive compensation. This could include tracing the companies that could be accountable for their exposure to asbestos.
The lump sum amount will be PS140,000
The amount of compensation given to patients is determined by various factors, including age, the effect mesothelioma can have on the life expectancy and the level of care needed. The amount of compensation given to patients is determined by a range of factors, including age, the effect mesothelioma will have on life expectancy and how much care they need.
Asbestos victims have to seek compensation from the asbestos exposure responsible parties. If they are unable to find those responsible the government scheme will pay an amount in lump sum to patients of mesothelioma. The average award is PS144,000.
In the past, ex-servicemen who were diagnosed with mesothelioma would only claim a war disablement pension under the Diffuse Mesothelioma Scheme 2008. This is a monthly amount based on the individual's age and degree of disability. But, it's a significantly smaller sum than mesothelioma compensation for civilians that can exceed six figures.
Fred Minall, 74 from Northampton, who served as an engineer for the naval branch of the Royal Navy between 1957 and 1965, has now been told that he will be entitled to an amount of PS140,000 in one lump sum under the new law. Mesothelioma is an incurable lung disease caused by exposure to asbestos.
Simpson Millar, a mesothelioma lawyer, believes that this is a significant victory for veterans who have mesothelioma. Most Navy personnel, as well as many civilians, anchored in US ports during their career and were exposed to asbestos-related toxins. This is due to the extensive use of asbestos on American ships at this time. Mesothelioma symptoms can take a long time to manifest and, as a consequence that veterans are often left with only a few options for compensation.
The Ministry of Defence has confirmed that mesothelioma sufferers who have not been previously granted an entitlement to a war pension will now receive a lump sum amounting to PS140,000. This is a substantial improvement on the current amount that non-married veterans with mesothelioma receive under the Diffuse Mesothelioma scheme.
The new payment will be subtracted from the current war pension that a person receives. It is therefore important that anyone with mesothelioma is considering applying for this benefit seek advice from a seasoned mesothelioma attorney to ensure they get the best deal.
It is a win for the Royal British Legion
The Royal British Legion has issued an angry 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 respecting its promise to veterans. It has also threatened to pull out of several forums where it has been working with the Ministry of Defence.
Engagement of the Legion with the MoD is vital but it has to be more effective to ensure that the needs of the community are met in a way that has a significant impact on their lives. It is therefore essential that the feedback loop in forums is improved to ensure that any issues that are not being addressed are recognized and the reasons for this are clearly explained.
As the oldest and largest Armed Forces charity, the Royal British Legion is at the center of an entire national network that offers assistance to members of the Armed Forces and their families. The Royal British Legion is the only organization to understand the challenges facing those who have served, their widows and orphans and their families.
One of the major problems for mesothelioma sufferers is that they're often left without a financial security as a result of their disease. The amount of compensation available is often not enough to cover the costs of care or living expenses, and it's usually not feasible to obtain a mortgage.
This is especially true for Navy veterans who have been diagnosed with mesothelioma, as asbestos was used in shipbuilding and other Naval activities. Many veterans are struggling to cope with their ailments and the impact of their illness on their financial situation.
However there are a variety of organisations that can help with this. Mesothelioma lawyers can help secure legal compensation that can be used to pay for treatment and living expenses. Patients with mesothelioma can also claim compensation from companies that supplied asbestos products.
Veterans will be delighted.
Navy veterans who have been diagnosed with mesothelioma are eligible to avail an amount of PS140,000 in one lump sum as the Ministry of Defence has announced. This will enable them to receive substantial financial assistance to ease the financial pressure that mesothelioma can cause their families.
This news will be greeted by the countless former military personnel who have been diagnosed with mesothelioma. The law has been changed to allow them to receive a similar compensation amount like civilians with mesothelioma cases.
The change is the result of campaigning by the Royal British Legion and other groups, which led to the Prime Minister agreeing to examine the issue. The MoD's U-turn will allow a number of dying veterans who were eligible for a pension to choose a lump-sum. mesothelioma compensation payouts will give them peace of mind and the financial assistance they require to continue living their lives.
Asbestos has been linked to mesothelioma. It can take decades for symptoms to manifest however even a single exposure could increase the chance of developing the condition. The vast majority of mesothelioma patients were exposed to asbestos while at work, including in Navy shipyards. The UK law was amended last year to permit people to claim compensation from employers if they were exposed to asbestos on the job However, many veterans aren't aware that they can seek compensation from the government.
Mesothelioma is a devastating disease that has impacted many lives. The decision by the government to tackle the discrimination against veterans of the military is a significant victory.
But it's not enough to stop the suffering of mesothelioma patients as well as their families. They will also have to seek compensation from companies that supplied asbestos products to the military. Based on the shipyards, bases and the ships they worked on, veterans might be eligible to file trust fund claims against several different corporations. This can include large multinationals with a long track record of selling asbestos-related products to the US Navy or other branches of the military.
