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 2018, the amounts of monthly compensation are as follows:

• 0 percent disability rating: $0 per month
• 10 percent disability rating: $140.05 per month
• 20 percent disability rating: $276.84 per month
• 30 percent disability rating: $428.83 per month
• 40 percent disability rating: $617.73 per month
• 50 percent disability rating: $879.36 per month
• 60 percent disability rating: $1,113.86 per month
• 70 percent disability rating: $1,403.71 per month
• 80 percent disability rating: $1,631.69 per month
• 90 percent disability rating: $1,833.62 per month
• 100 percent disability rating: $3,057.13 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.