Claims

Hurt by VA care? Section 1151 claims

VA can pay compensation for an additional disability caused by VA care, in the same way as if it were service connected. It is a different claim from ordinary service connection.

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What a 1151 claim is

38 U.S.C. 1151(a) says compensation shall be awarded for a qualifying additional disability or death of a Veteran in the same manner as if it were service connected. VA says the added disability, or the disability that got worse, must not have been a reasonably expected result or complication of the treatment. It can come from VA medical or surgical treatment, a health exam, VA Vocational Rehabilitation (chapter 31) or compensated work therapy.

What you have to show

  1. An additional disability. VA compares your condition right before the VA care with your condition after it (38 CFR 3.361(b)).
  2. The VA care caused it. Showing you got care and then had a disability is not enough. The care itself must have actually caused the additional disability (38 CFR 3.361(c)).
  3. Fault or an unforeseeable event. The statute requires that the proximate cause was carelessness, negligence, lack of proper skill, error in judgment or similar fault by VA, or an event not reasonably foreseeable. The regulation adds that VA can also be at fault when it did not get informed consent. An event is not unforeseeable if a reasonable health care provider would have considered it an ordinary risk of the treatment (38 CFR 3.361(d)).

Under 38 CFR 3.361(e), the care must have been furnished by a VA employee or in a VA facility, and 3.361(f) excludes some services, such as care under contract. Training programs under VA Vocational Rehabilitation (chapter 31) and compensated work therapy also qualify.

1151 claim

1151 claimadditional disabilityright before the VA careVA carecaused itFaultunforeseeable event
additional disability: right before the VA care; VA care: caused it; Fault: unforeseeable event.38 CFR 3.361, Benefits under 38 U.S.C. 1151(a) ยท Page reviewed October 2026.

What does not count

A bad outcome alone is not enough. Under 38 CFR 3.361(c), a disability caused by not following medical instructions is not attributed to the care, and an illness that simply ran its natural course does not count unless VA's failure to diagnose and treat it in time caused it to continue or get worse.

Example from VA

VA's own example is a Veteran training as a mechanic under Vocational Rehabilitation (chapter 31) whose foot was crushed when a jack slipped from a car. Because the injury happened in a VA-sponsored program, it can be considered under 1151.

If you also settle or win a lawsuit

Under 38 U.S.C. 1151(b), if you are awarded a judgment against the United States in a civil action under 28 U.S.C. 1346(b), or enter into a settlement or compromise under 28 U.S.C. 2672 or 2677, for the same disability, VA benefits for it are not paid until the amount you would have been paid equals the judgment or settlement.

How to file

VA says you can file online, by mail, in person, or with the help of an accredited representative. See VA's page on how to file a disability claim.

Where to call and where to go

Phone

Official pages

Free accredited help

Use VA's page to find an accredited representative. VA says Veterans Service Organization representatives provide help at no charge.

A 1151 claim is not a lawsuit. It is a VA benefit claim. A claim against the government over the same care is a different path with its own clocks. Under the Federal Tort Claims Act, a claim has to be presented in writing to the federal agency within 2 years after it accrues, and suit has to be filed within 6 months after the agency’s final denial is mailed (28 U.S.C. 2401(b)). When the accrual date is unclear, talk to a lawyer promptly. See Deadlines that decide cases and Free legal help for veterans.
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