Claims

Tort claims vs VA disability claims

Different purposes, different forms, different clocks.

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The deadline that catches people: a VA tort claim must be received within two years of the date the claim accrued. Mailing it inside two years is not enough. VA has to receive it.

VA tort claim

A claim for money damages against VA under the Federal Tort Claims Act for injury caused by the negligence of a VA employee. VA says a tort claim may be filed on Standard Form 95, Claim for Damage, Injury, or Death. A written claim without the form is also accepted if it has three things: a detailed allegation, a sum certain (the total dollar amount you are claiming) and the signature of the claimant or the attorney, if you have one. You can send it by email to ogc.torts@va.gov, by fax to (202) 495-5076, or by mail to one of the three VA Office of General Counsel regional addresses listed on the VA tort claims page. The VA page lists the states each office covers.

VA disability claim

A request for monthly compensation for a service-connected condition. Use VA Form 21-526EZ. If VA gets your claim within one year of the day you left active service, the effective date can be as early as the day after separation.

Do they affect each other?

They can, in one situation. A claim under 38 U.S.C. 1151 is for disability caused by VA care, and it is paid as if the disability were service-connected. If you get a court judgment or a settlement from the United States for that same disability, the law says no 1151 benefits are paid for any month after the judgment or settlement becomes final until the benefits you would have been paid equal the total amount of the judgment or settlement. Under 38 CFR 3.362, the amount offset is your share of the judgment or settlement, including your proportional share of attorney fees.

Tort and disability claims

Tort and disability claimsVA tort claimStandard Form 95VA disability claimVA Form 21-526EZsame disability38 U.S.C. 1151
VA tort claim: Standard Form 95; VA disability claim: VA Form 21-526EZ; same disability: 38 U.S.C. 1151.38 U.S.C. 1151 ยท Page reviewed September 2026.

Where to call and where to go

Phone

The VA tort claims page does not list hours for the three OGC offices.

Official pages and forms

Accredited help

Sources