VA 1151 Claims Lawyer
When you turn to the VA for medical care, you trust that you’ll receive the treatment you need to maintain or improve your health. But what happens when that care goes wrong? When a VA doctor’s mistake or substandard treatment leaves you with a new disability or aggravates an existing one?
When this happens, the law, specifically 38 U.S.C. § 1151, provides a path to disability compensation for veterans injured by negligent VA treatment. But getting these benefits isn’t easy. 1151 claims are complicated, requiring detailed evidence of VA fault and a clear link between that negligence and your disability. Even if there is no negligence, if you suffered an unexpected side effect from the VA care that doctors didn’t warn you about, you may be able to recover benefits.
At ProVet Legal, our veterans disability attorneys have a proven track record of success in handling 1151 claims and appeals nationwide. We know what it takes to build a winning case, and we’re ready to put our skills to work for you. With free consultations and contingency fees, you have nothing to lose and everything to gain by giving us a call.
What Are 1151 Claims? When VA Medical Care Causes Harm
An 1151 claim is about holding the VA accountable when its medical treatment falls short and harms veterans. The law covers a wide range of situations, from surgical errors and incorrect medications to negligent nursing care and lack of informed consent.
To win an 1151 claim, you typically need to show two key things:
- You suffered a disability or aggravation of an existing condition due to VA medical treatment, and
- The VA was at fault – meaning the care involved negligence, carelessness, lack of proper skill, or an error in judgment.
It’s important to understand that an 1151 claim isn’t a traditional medical malpractice lawsuit. You’re not suing the VA doctor or hospital. Instead, you’re filing a claim for VA disability compensation, similar to a claim for a service-connected disability. If granted, you’ll receive a monthly tax-free payment based on your disability rating.
1151 Claim vs. Federal Tort Claim
Sometimes, veterans have another path to compensation for VA medical mistakes: a lawsuit under the Federal Tort Claims Act (FTCA). This law allows you to sue the federal government for medical malpractice and potentially recover a wider range of damages, including pain and suffering.
But there are key differences between 1151 claims and FTCA lawsuits:
- Deadlines: You have just two years from the date of injury to file an FTCA claim, compared to one year for an 1151 claim if you want benefits to go back to the date of injury However, you can file an 1151 claim at any point after the injury. If it is more than one year after the injury, benefits would not go back before the date you filed your claim.
- Requirements: FTCA cases must meet state malpractice laws, while 1151 claims follow VA regulations.
- Compensation: FTCA allows for lump-sum damages, while 1151 provides ongoing monthly payments.
Choosing between an 1151 claim and an FTCA lawsuit is a complex decision. Our attorneys can help you weigh the pros and cons and choose the best path for your situation.
Proving Fault in a VA 1151 Claim
The most challenging part of any 1151 claim is demonstrating that the VA acted negligently or provided substandard care. This is known as the “fault” requirement.
The legal standard is “at least as likely as not” – meaning there’s a 50% or greater probability that a VA error caused your disability. Meeting this standard requires compelling evidence, which may include:
- VA and private medical records documenting the error and injury
- Expert medical opinions on the standard of care and how the VA deviated from it
- Witness statements from family members or caregivers
- VA investigation reports or admissions of fault
One of the most powerful pieces of evidence in an 1151 claim is an independent medical opinion from a non-VA doctor. This expert can review your records, identify the VA’s mistake, and clearly explain how it caused your disability. Our firm works with respected medical professionals nationwide to secure these vital opinions for our clients.
PROVING the Injury was not Reasonably Foreseeable
Proving negligence can be challenging. Luckily, VA allows another way to seek 1151 benefits when you were injured by VA care. If VA care resulted in an injury that was not reasonably foreseeable, VA will award benefits, even if there was no negligence. This could involve a slip and fall on VA property, trauma from an assault by another patient, or one-in-a-million side effects, like a robotic surgery tool malfunctioning, or unexpected side effects of a medication or procedure that most people do not experience.
The type of injury that VA considers not reasonably foreseeable are the kinds that a reasonably prudent doctor would not list in an informed consent form. If you have questions about whether the injury you suffered was reasonably foreseeable, you should contact an accredited attorney to discuss the specifics of your case.
The 1151 Claim Process
Filing an 1151 claim starts with submitting VA Form 21-526EZ and supporting evidence to your regional VA office. This should include medical records, expert opinions, and a clear explanation of how the VA’s error caused your disability.
The VA has a legal duty to assist you in developing your claim, but it doesn’t always fulfill this obligation. The VA may also wrongly deny 1151 claims based on inadequate evidence or flawed reasoning.
If your 1151 claim is denied, don’t give up. You have the right to request reconsideration or file an appeal to the Board of Veterans’ Appeals (BVA). And if the BVA gets it wrong, you can take your case to the Court of Appeals for Veterans Claims (CAVC).
Our team is here to guide you through every stage of the process, from initial filing to final appeal. We know the system inside and out, and we won’t rest until you get the benefits you deserve.
1151 Claims and Disability Ratings: Maximizing Your Compensation
When the VA grants an 1151 claim, it assigns a disability rating based on the severity of your condition. Ratings are based on the VA Schedule for Rating Disabilities and range from 0-100%. The higher your rating, the more compensation you’ll receive each month.
If you have multiple disabilities, the VA combines the ratings using a special formula. You may also be entitled to Total Disability due to Individual Unemployability (TDIU) if your disabilities prevent you from working. And in some cases, Special Monthly Compensation (SMC) is available for conditions like loss of use of limbs or the need for aid and attendance.
Our attorneys know how to build the strongest possible case for a high rating. We gather detailed evidence of your symptoms, limitations, and treatment needs to paint a clear picture of your disability’s impact on your daily life. And we fight against low-ball ratings or denials of TDIU and SMC.
ProVet Legal’s Experience in VA 1151 Claims
At ProVet Legal, we have experience handling VA 1151 claims We’ve helped countless veterans secure the compensation they deserve for injuries caused by VA care.
Our attorneys bring a deep knowledge of VA law, medical standards, and disability compensation. We know what evidence matters to the VA and how to build a case that can’t be ignored.
But don’t just take our word for it. Check out our case results and client testimonials to see the real-world impact of our work. We’re proud of the victories we’ve achieved and the relationships we’ve built with veterans and their families.
When you choose ProVet Legal, you won’t pay a dime in attorney fees unless we win your case. We believe in our clients and we’re willing to invest our time and resources to secure a favorable outcome. It’s just one more way we put veterans first.
If you or a loved one suffered a disability due to VA medical negligence, don’t wait to get help. Contact the experienced VA 1151 attorneys at ProVet Legal today. Call for a free case evaluation. We’re here to fight for you.
