Navigating the VA disability claims process can be overwhelming, especially when the harm you’ve experienced stems not from your military service, but from the very agency meant to care for you. This is where a 38 U.S.C. § 1151 claim could apply to your situation.
At Kerr Robichaux & Carroll, we help veterans who’ve been injured as a result of VA medical care, vocational rehabilitation, or compensated work therapy understand their rights and fight for the compensation they deserve. Here’s what you need to know about filing a claim under § 1151.
What Is a 38 U.S.C. § 1151 Claim?
A 1151 claim is a unique type of VA disability compensation claim. It allows veterans to receive benefits for disabilities caused by the VA’s actions, such as negligent medical treatment or unexpected complications during care. An important thing to note is that while an 1151 claim is a benefits claim, veterans do have the ability to also pursue a medical malpractice claim with the VA if it is applicable to their situation. A successful medical malpractice claim against the VA can impact your ability to collect 1151 benefits, so it is important to consider your options.
Who Can Qualify?
To be eligible for compensation under § 1151, you must meet three key criteria:
You are a veteran.
You have a current disability (or a worsened condition) that can be traced back to:
• VA medical or surgical treatment
• Participation in a VA vocational rehabilitation program
• A VA-compensated work therapy program
There is clear evidence of:
• VA fault (e.g., negligence, lack of skill, improper judgment), or
• An unforeseen outcome not reasonably expected as a result of your treatment or care.
Common Examples of § 1151 Claims
While every case is unique, many 1151 claims arise from:
- Surgical errors leading to permanent injury
- Incorrect medication or dosage causing harm
- Delayed diagnosis or failure to treat a serious condition
- Poor supervision during vocational rehabilitation or therapy
- Complications that were never disclosed as potential risks
How to File a 1151 Claim
Filing a successful 1151 claim requires careful preparation and documentation. Here’s a step-by-step breakdown:
- Gather your evidence. Collect all medical records, hospital notes, discharge summaries, and any written documentation that suggests negligence or an unexpected outcome.
- File the claim. Submit your claim through the VA’s eBenefits portal, with help from an accredited representative, or in person at your local VA regional office.
- Undergo VA review. The VA will review your claim, look at your medical history, and determine whether your current condition is directly linked to VA care — and whether that care was negligent or led to an unforeseeable complication.
Why These Claims Are Challenging
One of the primary difficulties of filing a 1151 claim is proving negligence. To succeed, a veteran must demonstrate that their additional disability or worsened condition was directly caused by VA medical care, or the failure to provide proper care, and that this care fell below the accepted medical standard. This may include errors such as misdiagnoses, surgical mistakes, improper medications, or failure to obtain informed consent. The VA is rarely quick to admit fault, and the responsibility to prove negligence lies entirely with the veteran.
In addition to proving negligence, the veteran must also present strong, detailed medical documentation. A successful 1151 claim requires a clear paper trail that connects the VA’s actions to the resulting injury. This includes medical records from both VA and private providers, imaging results, test reports, surgical notes, and evidence showing how the veteran’s condition changed as a direct result of the treatment. Without comprehensive and consistent documentation, the VA is likely to deny the claim, regardless of the veteran’s account of what occurred.
Finally, the legal complexity of 1151 claims presents another major hurdle. These cases often involve principles similar to medical malpractice and may require expert medical opinions to establish both causation and negligence. Navigating these claims also means understanding VA regulations, appeals procedures, and case law, which most veterans understandably don’t possess on their own. For this reason, many veterans seek help from attorneys or accredited representatives with experience in 1151 cases. While it’s possible to win on your own, having professional legal guidance greatly improves the chances of success.
Why You Should Work with Experienced Legal Help
At Kerr Robichaux & Carroll, we’re attorneys who understand the ins and outs of the VA Disability Benefits system. Our lawyers know what it takes to build a persuasive 1151 claim and can help gather the right medical opinions, submit the correct paperwork, and fight to help secure the compensation you need and deserve.
Our Portland VA Benefits Lawyers Are Here for You
A disability caused by VA treatment is not something any veteran should have to bear alone. If you believe that a mistake, oversight, or unexpected complication during your VA care led to a new or worsened condition, you may have a valid claim under 38 U.S.C. § 1151. At Kerr Robichaux & Carroll, our attorneys are equipped and ready to fight for your rights and bring your case to justice.
Contact us today by submitting a form online or calling our office at 503-255-9092 for a free legal consultation.