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.


  • It has been one of the best legal experiences that I have personally encountered. Their follow up and their follow thru has been on perfect terms. Wow, they have given me a celebrity experience! Impressive! Read More » K. Nade, October 2017
  • These people are FANTASTIC!!! I highly recommend this firm to Veterans everywhere. Honest Legal Help like this is priceless and they are extremely skilled. So Satisfied with the results...5 stars!! Read More » Anonymous, October 2017
  • I cannot begin to say how grateful I am to this Firm. From the Class A staff to the Lawyers, there are no complaints. Everyone treated me fantastic!! After 30 yrs of fighting on my own, they were able to win my case in less than 15 months. Read More » C. Marie, September 2017
  • My case was initially rejected by the VA but with the thorough review by CC&K , the VA agreed with the case that CC&K made and awarded my initial rating of 30% retroactive to 1975. Read More » Edward M., September 2017
  • We had struggled for eight plus years, with the VA, and got nowhere. Our case was sent to CC&K and in less than one year, we were they won all his back pay and 100% rating. We could not be more pleased. We highly recommend this firm for anyone struggling with the VA. Read More » Anonymous, September 2017
  • I thought I could go it alone. I filed several disability claims through the VA only to be denied over and over again. I knew I needed help. I found that help with the law firm of Chisholm Chisholm & Kilpatrick. They filed for me and won. Read More » Gene W., July 2017
  • I'm so glad we sought the help of CCK on my husband's VA claim. We had been going back and forth with the VA for 5 years on his claim without seeing any progress. Then we found CCK and the case was resolved in about a year! Read More » Sarah C., June 2017
  • I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK took my case. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Read More » Raul B., March 2017
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge