What entitles a claimant to compensation under 38 USC 1151?

A claimant is entitled to compensation under 38 USC 1151 when they experience an additional disability or death that results from hospital care, medical treatment, or examination provided by the Department of Veterans Affairs (VA). This section of the law was designed to ensure that Veterans receive compensation if they suffer a worsening of their condition due to negligence or an unforeseen outcome during their time receiving care at a VA facility.

When the VA provides care, they are expected to uphold a standard of care. If a Veteran suffers an injury or deterioration of their condition as a result of this care, they may seek compensation under this statute. This provision emphasizes the responsibility of the VA to deliver competent care and the recognition that adverse outcomes can occur, which may not be attributable to the existing conditions of the claimant.

In contrast, pre-existing conditions, accrued benefits upon death, or combat service do not automatically qualify a claimant for the specific compensation outlined under 38 USC 1151, as they address different aspects of eligibility for VA benefits.