VA 1151 Claims for Veterans (2024)

Published on September 25, 2023 by Neil Woods
Last Updated on December 28, 2023

1151 claims, sometimes referred to as VA medical malpractice claims, cover conditions caused or worsened while under VA-sponsored medical care or training. This type of claim allows a veteran to earn VA disability even though the veteran’s condition or death isn’t a result of their military service.

Filing an 1151 claim and knowing what evidence is required can be challenging. This article will help you understand what a VA 1151 claim is, how to file a claim, and what evidence you need to support your claim.

What is a VA 1151 claim?

Millions of veterans every year receive medical care at a VA facility or participate in VA job-training programs.

Unfortunately, VA medical malpractice can leave veterans with an aggravated disability or a new condition, or could even lead to death. If you’re a veteran that experienced VA medical negligence or an added or aggravated disability because of VA care, you can file a VA 1151 claim.

If you are the surviving spouse or dependent of a veteran who qualifies in this category, you could be eligible for Dependency and Indemnity Compensation (DIC) for VA medical malpractice.

Claims granted under VA 1151 are not for conditions related to service, but veterans are compensated in the same way as a service-connected disability. These claims also use the same diagnostic codes and rating criteria as service-connected disabilities.

Who is eligible to file a VA 1151 claim?

A VA 1151 claim is designed for veterans that suffer from an added disability or from an existing disability that got worse due to any of the following:

• VA carelessness or negligence
• VA medical or surgical treatment
• A VA health exam
• A VA vocational rehabilitation course
• VA compensated work therapy

If your added disability was directly caused by VA medical care, and the added disability wasn’t a reasonably expected result or complication of the treatment, you could be eligible to earn VA benefits by filing an 1151 claim. However, if you meet one or more of the criteria above, but your new or worsened condition is an expected complication of surgery or treatment, you won’t be eligible for compensation under 1151.

How to file an 1151 claim

Fortunately, there is no statute of limitations on filing a VA 1151 claim, meaning you can file a claim at any time.

A VA 1151 claim can be filed in several ways:

• Online
• By mail
• In person at a VA regional office near you
• With the help of a VA-accredited attorney or accredited VSO or claims agent

The application you need to complete for 1151 benefits is the same, regardless of how you choose to file it. In section V of this application form, you’ll be asked to describe your disability and how it relates to your service. Here you can specify that you are seeking benefits payable under Section 1151.

What evidence is needed to win 38 U.S.C. 1151 claims?

Veterans will need to provide proof that their disability was “as least as likely as not” caused or aggravated by their VA-sponsored care. Only providing evidence that a veteran received care or treatment at a VA medical facility, and that the veteran has an additional disability or died does not prove it was the VA’s fault.

A strong 1151 claim should include evidence showing that as a result of VA hospitalization, medical or surgical treatment, examination, or training, you have:

• An additional disability or disabilities, or your existing injury or disability was aggravated, or death;
• AND your disability was an immediate or direct result of VA carelessness, negligence, lack of proper skill, or error in judgment,
• OR your disability or injury is not a reasonably foreseeable result or complication of the VA care or treatment;
• OR is the direct result of participation in a VA Veterans Readiness and Employment or Compensated Work Therapy (CWT) program.

VA disability lawyer Cecilia Ton said, “Medical evidence is extremely important in the 1151 cases because the veteran has to show that the disability that they developed was unforeseeable from the type of care that they received at the VA facility.”

Examples of evidence that could help support your 1151 claim include:

• A nexus letter from a medical professional stating that your new or worsened condition was at least as likely as not a result of VA medical malpractice.
• Documentation from a medical professional that compares your medical status before and after VA care.
• Paperwork from a VA hospital or VA medical facility showing that you did not receive accurate or thorough aftercare instructions.

Additional resources are available

There is help available should you experience VA medical malpractice or develop a disability due to VA care. The VA-accredited attorneys at Woods and Woods have decades of experience with helping veterans and their families get the compensation they deserve. If you need additional resources or a referral to help you file an 1151 claim, give us a call.

Talk to Us About Your Claim:
(812) 426-7200

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