Negligent VA Care? Learn About an 1151 VA Claim

Описание: If a veteran suffers an injury or illness as a result of VA medical care, they may be able to obtain VA service connection for their condition through an 1151 VA claim. An 1151 claim means receiving VA benefits as outlined in 38 U.S.C.S. §1151, which is a statute that allows for veterans to receive VA compensation for an additional disability as if it were service-connected.

Reasons for an 1151 claim include a condition that “was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by” VA. The additional condition must have resulted from the “carelessness, negligence, lack of proper skill, error in judgement, or similar instance of fault on the part of the [VA] in furnishing the hospital care, medical or surgical treatment, or examination,” and from “an event not reasonably foreseeable.”

The second circumstance is if the qualifying additional condition “was proximately caused by” the veteran’s participation in a Chapter 31 rehabilitation program or in a Section 1718 “compensated work therapy program” (CTW). Claims based on Voc Rehab or CTW do not require evidence of negligence or fault on the part of VA.

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