1151 Claims Definition
A 1151 claim refers to a means of receiving VA disability compensation as outlined in 38 USC § 1151. The statute allows for veterans to receive compensation available to those who suffered “an added disability”. The qualifying additional condition must have resulted from the carelessness or negligence on the part of VA during medical care, or been caused by participation in a compensated work therapy program, such as vocational rehabilitation.
Benefits Available Through a 1151 Claim
In 1151 claims, VA issues compensation “in the same way [it] would” for service-connected disabilities. This means you would be entitled to a certain amount of monthly compensation depending on your combined disability rating.
As of December 1st, 2020 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $144.14 per month
- 20 percent disability rating: $284.93 per month
- 30 percent disability rating: $441.35 per month
- 40 percent disability rating: $635.77 per month
- 50 percent disability rating: $905.04 per month
- 60 percent disability rating: $1,146.39 per month
- 70 percent disability rating: $1,444.71 per month
- 80 percent disability rating: $1,679.35 per month
- 90 percent disability rating: $1,887.18 per month
- 100 percent disability rating: $3,146.42 per month
Surviving spouses or dependents may also be entitled to receive 1151 benefits. Instead of disability benefits, they would receive Dependency and Indemnity Compensation (DIC). Learn more about DIC benefits here.
Criteria You Must Meet to Obtain Benefits
Claiming service connection for a condition under 38 USC § 1151 is similar to claiming service connection in other ways. Veterans will submit a VA Form 21-526, a claim for VA disability compensation, to start the process. When filing, veterans should specify that they are claiming their condition as an 1151 claim. To prove their 1151 claims, veterans will need the following three elements:
- A current medically diagnosed disability;
- An event or occurrence while under VA hospital care, medical or surgical treatment, or examination furnished by VA; and
- A medical nexus that links the disability to the occurrence, and that the event or occurrence was the result of negligence, carelessness, improper skill, error in judgment, or similar fault on the part of the VA.
Call 800-544-9144 For a Free Case Evaluation
Unfortunately, recovering benefits through an 1151 claim can be difficult. If the VA denied your claim, you have the right to appeal the decision. The veterans’ advocates from Chisholm Chisholm & Kilpatrick LTD may be able to help you do so.
Call today for a free case evaluation: 800-544-9144.
Related Posts
- Special Monthly Compensation Series: SMC (t)
- VA Disability Benefits for Renal (Kidney) Cancer
- What Benefits Are Offered by VA’s Caregiver Program?
- Ischemic Heart Disease and VA Disability Compensation
- Post-9/11 Veterans Report Higher Disability Ratings Than Prior Generations
Related FAQs
- Can a Veteran Receive Both VA and Social Security Benefits?
- How to File a Claim for Agent Orange Exposure?
- Are Veterans (VA) Disability Benefits Taxable?
- What Is an Extraschedular VA Disability Rating?
- What Are the Current VA Disability Compensation Rates for 2018?
Related Video
- Survivors Benefits: VA Benefits for Deceased Veterans’ Dependents
- VA Disability Ratings for Heart and Cardiovascular Conditions
- Top 3 Benefits Issues for the Department of Veterans Affairs (VA) in 2019
- VA Disability for Foot Conditions
- Blue Water Navy Benefits to be Delayed July 2019 Update
Related Glossary
- VA Retroactive Benefits Definition
- Dependency and Indemnity Compensation Definition
- Supplemental Claim Lane
- Special Monthly Compensation Definition
- Service-Connected Disability Definition
Related Podcasts
Share this Post