Understanding 1151 Claims: When VA Medical Care Goes Wrong

What is a 1151 Claim?

A 1151 claim, filed under 38 U.S.C. § 1151, allows veterans to seek compensation when they are injured or their condition is worsened due to VA medical care, treatment, or hospitalization.

When to Consider a 1151 Claim

• Surgical Errors: Complications from VA surgeries due to negligence
• Medication Mistakes: Wrong medications or dosages causing harm
• Hospital-Acquired Infections: Infections due to unsanitary conditions
• Misdiagnosis: Delayed or incorrect diagnosis leading to worsening
• Treatment Delays: Unreasonable delays causing deterioration

Key Differences from Regular Claims

Unlike standard VA disability claims, 1151 claims require proving:

• VA negligence or deviation from medical standards
• Direct causation between VA care and your injury
• Additional disability beyond your original condition

Evidence Requirements

Strong 1151 claims typically include:

• Complete VA medical records
• Independent medical expert opinions
• Documentation of the standard of care
• Proof of additional disability or worsening

Why Expert Medical Opinion Matters

1151 claims have a higher burden of proof than regular VA claims. Expert medical analysis is crucial to establish that the VA deviated from accepted medical standards and directly caused your injury or worsening condition.