Stroke Residual, a Potential Addition to Veterans’ Asbestos Disability Claim

The overuse of asbestos products in every branch of the U.S. Military for decades cemented severe health issues for service members, especially Navy veterans who served on ships built between the 1930s and the early 1980s. Asbestos was a celebrated building material and a staple in shipbuilding during the last century because of its exceptional insulating properties. The material's versatility overrode the health concerns and led to the exposure of thousands of service members.

Over time, medical research revealed numerous studies that point to asbestos exposure being at the root of many severe diseases, among them cardiovascular illnesses - conditions affecting the heart or blood vessels. These conditions are usually associated with a build-up of fatty deposits in the arteries, known as atherosclerosis, and an increased risk of blood clots. However, they can also be associated with damage to arteries in organs such as:

• brain
• heart
• kidneys
• eyes

Cardiovascular diseases are one of the leading causes of death and disability in the U.S. and comprise several conditions, such as:

• heart attack
• stroke
• heart failure
• arrhythmia
• heart valve problems

Medical research is ongoing and constantly warns about the devastating effects of asbestos exposure on health. In the latest study, scientists zoomed in on the number of deaths from stroke and heart attacks among people exposed to asbestos regularly. They found that asbestos workers were 65% more likely to die of a cardiovascular illness than the general population, even after taking account of smoking. It's terrible news for naval personnel who worked and lived near asbestos products while on ships built before the 1980s. Still, it's also a significant link between asbestos exposure and heart disease and strokes.

Stroke and Stroke Residuals

A stroke is the brain's equivalent of a heart attack; it's a life-threatening emergency and needs immediate medical intervention to prevent permanent damage or death. When the blood flow to a brain part is problematic, stroke occurs:

• blood vessels are blocked - ischemic stroke
• there's bleeding in the brain - hemorrhagic stroke

Stroke residuals is the general term for the cognitive effects a person experiences after a stroke. The three central regions of the brain that can be affected by a stroke are:

• cerebrum
• cerebellum
• brainstem

The after-effects of the stroke differ depending on which region the stroke impacts. When the most significant part of the brain, the cerebrum, is affected, it impairs the following processes:

• movement and sensations
• vision
• speech and language
• eating and swallowing
• cognitive ability
• perception and orientation
• emotional control
• self-care ability
• bowel and bladder control

Specific impairments occur depending on which side of the cerebrum was affected by the stroke. For instance, if the motor cortex is affected on the right side of the brain, it would likely impact the veteran's motor abilities on the left side of the body. A stroke in the cerebellum likely causes balance and coordination issues, dizziness, or nausea. Although rare, strokes in the brain stem can cause problems with:

• breathing and heart functions
• weakness or paralysis
• chewing and swallowing
• speaking
• vision
• body temperature control
• balance and coordination

The VA's statistics show that around 6,000 veterans per year are admitted to medical facilities with a stroke, and approximately 60,000 outpatient stroke-related visits are registered annually. Given that strokes became one of the leading causes of outpatient medical care within the VA, the VA disability system was adjusted so that veterans who have experienced a stroke as a result of their service can receive compensation for their condition.

Stroke Residual VA Rating and Claims

The VA gives stroke a single 100% rating for the first six months following the final treatment if the disease resulted from a service-connected condition or occurred while the veteran was still in the service. After six months, the veteran will be re-evaluated for the residual conditions via a C&P exam to determine their severity.

The rule of service connection also applies to stroke residuals: these are only subject to VA disability compensation if the stroke resulted from service-related disease or occurred in the veteran's active service. In some cases, for example, ties to service may be established for stroke as secondary to PTSD based on recent research concluding that PTSD increases the risk of stroke in young veterans.

Once there's an established service connection to the veteran's stroke, the VA will rate both ischemic and hemorrhagic strokes 100% for:

• brain, vessels, embolism (code 8007)
• brain, vessels, thrombosis (code 8008)
• brain, vessels, hemorrhage (code 8009 )

A few examples of stroke residuals veterans could receive a disability rating of min. 10% include:

• paralysis
• dizziness
• voiding dysfunction

To file a stroke residual claim, the veteran must demonstrate that the stroke occurred during military service or was directly related to a service-connected condition. It's the same as any other claim, but residual stroke claims are not permanent. Their period depends on their progress and recovery. For example, if a VA claim is approved for a lung cancer claim and the veteran suffers a stroke after surgery, he can also file a stroke residual claim.

Helping Veterans in Filing Claims for Compensation

Former military personnel injured by asbestos fibers while serving are entitled to seek compensation to pay for their medical treatments, hospitalization, lost income, and other expenditures. Veterans of the Navy who fulfilled duty between World War II and the 1980s may pursue payment from asbestos trust funds and the VA if they can prove their asbestos exposure and have medical files stating the following asbestos cancers:

• pharyngeal cancer
• colorectal cancer
• mesothelioma
• laryngeal cancer
• esophageal cancer
• urogenital cancer
• bronchial cancer
• lung cancer
• gastrointestinal cancer

If you were diagnosed with any of the conditions listed above and wish to make legal steps, an asbestos lawyer can help you gather the necessary documentation and then represent you through the process, ensuring the success of your case. We can help you contact experienced attorneys who are ready to take on your case.