Requirements for a Successful Section 1151 Claim

Posted by Gregory M. Rada | September 28, 2021 | State Veteran Benefits

If you or a loved one were harmed – or worse – by care received in a VA facility, then one of your options to recover against the VA is to make a “Section 1151 claim” which is a type of medical malpractice claim. If successful, the injury you suffered will be considered to be service connected and you can receive monthly disability compensation payments for that injury.

The Basic Requirements

The basic requirements to win a Section 1151 claim are:

• The disability or death was caused by hospital care, medical or surgical treatment, or examination;
• The care was provided by a VA employee or in a VA facility; and
• The proximate (immediate or direct) cause of the disability or death was negligence, carelessness, lack of appropriate skill, errors in judgment, or fault of a similar nature on the part of the VA in rendering the hospital care, medical or surgical treatment, or examination, or the event was not reasonably foreseeable.

It is often necessary to obtain the opinion of an independent medical professional to demonstrate that the care provided by the VA was at fault for your disability or your loved one’s death.

An Experienced Veterans Benefits Attorney Can Help

Gregory Rada at Gregory M. Rada, Attorney at Law, After Service LLC, is a proud veteran who aggressively protects veterans’ rights nationwide as a dedicated veteran benefits attorney. Mr. Rada is on your side and here to help, so please don’t wait to contact or call us at 844-838-7529 for more information today.

Veterans Benefits FAQ

How long do I have to file?

There is no statute of limitations for a Section 1151 claim, which means there is no deadline that will bar you from filing anytime in the future.

When do the benefits go into effect?

The benefits of your successful claim won’t go into effect until your effective date, which is the date you file the claim – not the date of the injury-causing event – and which makes filing earlier in your best interest.

What do I have to prove for my claim to be successful?

The level of proof required to bring a successful Section 1151 claim is lower than it is for civil suits, which require that the plaintiff prove their case by a “preponderance of the evidence.” For your Section 1151 claim, the standard of proof is “benefit of the doubt,” which means the evidence only need to be approximate balance.