Section 1151 Claims: How to Obtain VA Benefits for Disabilities Caused by VA Medical Care (VSO)

Get 72 Hours of Immediate Access to Each Video Purchased

Presenter: Alexis Ivory

Length: 90 minutes

Recorded: December 2023


Webinar Description:

38 U.S.C. § 1151 requires the VA to pay benefits for certain disabilities and deaths caused by the VA, as if those disabilities and deaths were caused by military service. Section 1151 benefits are available for disabilities and deaths that are the result of VA health care that was negligent or careless, events not reasonably foreseeable in the VA’s furnishing of health care, VA vocational rehabilitation, or VA Compensated Work Therapy. However, Section 1151 benefits are difficult to obtain. The rules for establishing entitlement to Section 1151 benefits differ from those for obtaining service-connected disability compensation, and most veterans service officers have little experience with such claims. This webinar will help VSOs become more comfortable handling Section 1151 claims.

In this webinar, we will cover:

  • The legal requirements for establishing VA disability and death benefits under Section 1151
  • How Section 1151 claims differ from claims for service-connected disability compensation and survivor benefits
  • An often overlooked way to establish disability benefits under Section 1151 that does not require fault on the part of the VA
  • Whether a claimant can establish entitlement based on the VA’s referral for medical treatment that is ultimately provided at a non-VA facility
  • Advocacy advice regarding evidence and arguments that will help ensure the success of a Section 1151 claim
  • Information about simultaneously pursuing claims under Section 1151 and the Federal Tort Claims Act