1151 Claims — VA Malpractice

When VA Medical Care Causes a New Disability

⚕️ Under 38 USC § 1151, if VA medical treatment caused or worsened a disability due to carelessness, negligence, or an event not reasonably foreseeable — you may be entitled to compensation as if it were service-connected.
Section 1

📋 What Is a 1151 Claim?

A 1151 claim compensates veterans who were harmed by VA medical care. The disability is treated as if it were service-connected, entitling you to the same benefits — monthly compensation, healthcare priority, and more.

🏥 Must involve VA medical treatment (not private care)
⚕️ Must result in an additional disability or worsening
📋 Treated as service-connected for benefits purposes
Section 2

🔍 When Do You Qualify?

You must prove ONE of these two standards:

⚠️ Standard 1: Fault-Based

  • VA was careless or negligent
  • Lack of proper skill or judgment
  • Failure to diagnose correctly
  • Similar to medical malpractice

🎲 Standard 2: Not Reasonably Foreseeable

  • The outcome was an unforeseeable event
  • Even if VA wasn't negligent
  • Rare complications not disclosed
  • Equipment malfunction
Section 3

🏥 Common Types of 1151 Claims

🔪 Surgical errors — wrong site surgery, retained instruments, nerve damage
💊 Medication errors — wrong drug, wrong dose, dangerous interactions
🔍 Misdiagnosis — delayed cancer diagnosis, missed fractures
🦠 Hospital infections — MRSA, C. diff from VA facility
🦷 Dental injuries — nerve damage from VA dental procedures
🧠 Anesthesia complications — brain injury, nerve damage
Section 4

📂 Evidence You Need

Required Evidence

  • VA medical records showing the treatment
  • Medical evidence of the additional disability
  • Informed consent forms (or lack thereof)
  • Medical expert opinion on fault or foreseeability

Helpful Evidence

  • Independent medical expert (IME) opinion
  • Medical literature supporting your claim
  • Before/after medical records showing decline
  • Buddy statements from family about changes
Critical: An independent medical opinion from a specialist in the relevant field is often the strongest evidence for 1151 claims. The expert should address whether the VA was negligent or the outcome was not reasonably foreseeable.
Section 5

📝 How to File a 1151 Claim

1
Request your VA medical records from the facility where the treatment occurred. Use a FOIA request if needed.
2
Get an independent medical opinion from a specialist who can opine on whether the VA was negligent or the outcome was unforeseeable.
3
File VA Form 21-526EZ — the standard disability claim form. Specify "1151 claim" and identify the VA facility and treatment date.
4
Write a personal statement detailing what happened, when, and how it caused your additional disability. See our Personal Statement Guide.
5
Submit all evidence and track your claim on VA.gov. The VA will likely order a C&P exam.
Section 6

❓ Frequently Asked Questions

A: No. A 1151 claim results in VA disability compensation (monthly payments). A malpractice lawsuit under the Federal Tort Claims Act (FTCA) seeks monetary damages. You can pursue both simultaneously.

A: Not necessarily. You only need to prove ONE of two standards: (1) VA was negligent/careless, OR (2) the outcome was not reasonably foreseeable — even if the VA did nothing wrong.

A: There is no statute of limitations for 1151 claims. However, your effective date will be the date you file the claim, so file as soon as possible to maximize back pay.

A: Yes. A granted 1151 claim is treated as service-connected for all purposes, including combined disability rating, TDIU consideration, and SMC eligibility.

A: Signing a consent form doesn't prevent a 1151 claim. If the consent form didn't disclose the specific risk that occurred, or if the VA was negligent in performing the procedure, you can still file.