VA Medical Malpractice (1151) Case
Expert Independent Medical Opinions (IMOs) for VA 1151 claims. Establish negligence and proximate cause for injuries resulting from VA medical malpractice.
What is a VA Medical Malpractice (1151) Case?
A VA 1151 Claim, governed by 38 U.S.C. § 1151, allows veterans to receive disability compensation for additional injuries, aggravated conditions, or death resulting from VA medical care, surgery, or VA-sponsored training. Unlike standard service connection, a successful 1151 claim requires proving that the VA's medical care was careless, negligent, or lacked proper skill, and that this negligence proximately caused the injury. Because these claims hinge on complex legal and medical standards, an Independent Medical Opinion (IMO) from a private physician is often the critical piece of evidence needed to establish that the VA breached the standard of care.
Overview
Claims filed under 38 U.S.C. § 1151 (commonly known as "1151 Claims") are among the most difficult VA disability cases to win. These claims allow veterans to seek compensation when they are injured, or a pre-existing condition is worsened, as a result of VA medical treatment, surgery, hospitalization, or vocational rehabilitation.
However, the VA does not grant 1151 claims simply because a bad outcome occurred. To win, you must prove medical malpractice.
To succeed in a 38 U.S.C. § 1151 claim, the veteran must establish two critical medical facts:
1. **Breach of Standard of Care (Negligence):** The VA medical provider was careless, negligent, lacked proper skill, or made an error in judgment that a competent provider would not have made.
2. **Proximate Cause:** The specific negligence directly caused the new injury or worsened the existing condition.
Proving these elements requires highly specialized medical evidence. The VA will rely on its own medical examiners, who are often reluctant to testify against the agency or their colleagues.
Our licensed clinicians provide the objective, expert Independent Medical Opinions (IMOs) required to counter the VA's internal assessments. We conduct a forensic review of your VA medical records to identify deviations from accepted medical standards.
When we accept a case, our documentation explicitly addresses the legal requirements of an 1151 claim:
It is important to note that an 1151 claim is a claim for VA disability benefits, not a lawsuit. While veterans can sometimes pursue both an 1151 claim and a lawsuit under the Federal Tort Claims Act (FTCA), our focus is entirely on providing the medical nexus evidence required for the VA benefits side of the process.
If you have suffered an unexpected injury, surgical complication, or worsened condition due to VA healthcare, professional medical advocacy is essential. Our IMOs level the playing field, providing the independent medical authority needed to hold the VA accountable through the § 1151 process.
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Frequently Asked Questions
A VA 1151 Claim (based on 38 U.S.C. § 1151) is a type of disability claim for veterans who suffer an additional disability, or the aggravation of an existing injury, as a result of VA medical treatment, surgery, or vocational rehabilitation. It compensates veterans for injuries caused by VA medical malpractice or negligence.
You must prove that the VA provided care that was careless, negligent, lacked proper skill, or was an error in judgment, AND that this specific failure proximately caused your injury or worsened condition. You cannot win simply because a procedure was unsuccessful; you must prove the standard of care was breached.
Because 1151 claims require proving that VA doctors committed malpractice, relying solely on VA examiners is rarely successful. An IMO from a private, independent clinician provides the objective, expert medical rationale needed to establish that the VA breached the standard of care and caused your injury.
Yes, it is possible to pursue both an 1151 claim for disability benefits and a lawsuit under the Federal Tort Claims Act (FTCA) for damages. However, if you win both, the VA will offset your 1151 monthly benefits until the amount of the FTCA settlement or judgment is recouped. We focus solely on the medical evidence needed for the 1151 disability claim.
Injuries compensated under 38 U.S.C. § 1151 are treated 'as if' they were service-connected for the purposes of paying disability compensation and granting related benefits. However, they are technically considered 'Section 1151' disabilities, not direct service connection.
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Explore Our Other Services
Independent Medical Opinion / Nexus Letter
Board-certified physician-authored nexus letters establishing the medical connection between your current disability and military service, written in VA-compliant language with evidence-based rationale.
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Pre-filing medical record analysis that identifies evidentiary gaps before you submit your VA disability claim. Licensed clinician review with a detailed written action plan.
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Our Disability Benefits Questionnaire (DBQ) Completion Service connects veterans with Board Certified Physicians who professionally complete the official VA DBQ forms available for public use. Each DBQ is prepared using your medical records and service history to ensure accurate, VA-compliant documentation that strengthens and supports your disability claim.
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