VA Negligence Claims in Columbia, SC

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Unfortunately doctors can make mistakes.  If a veteran feels that he has been harmed by negligent care by the VA, he can bring a claim for benefits under 38 U.S.C. 1151.  This applies to VA hospital care, medical or surgical treatment, examination, training and rehabilitation services, and compensated work therapy programs.

To receive benefits under Section 1151, a veteran must demonstrate that due to VA care, they have an “additional disability,” that was caused by VA care, and the result of negligence on the part of the VA, or by an event not reasonably foreseeable.  To determine whether the veteran has an additional disability, the VA will compare his condition immediately before the beginning of VA care to the veteran’s condition after such care.  The VA will consider each body part or system separately.

Claims filed prior to October 1, 1997, didn’t require any finding of VA “fault” – simply showing additional disability after VA care was sufficient.  For claims filed on or after October 1, 1997, the VA must be found to have been at fault.

If you believe you have suffered a result of negligence on the part of Veterans Affairs, BNTD Law’s SC Veterans Advocates Team is here to help. We’d be happy to sit down with you and speak about your unique situation, to help you decide what step you should take next. Reach us by phone at (803) 779-7599 or contact us online to request your FREE consultation today.

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