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  • You may appeal any or all issues in a decision by a local VA office or VA medical center. A VA appeal is separated into two main stages: (1) within the local VA office, and (2) continuing to the Board of Veterans’ Appeals in Washington, DC. The two most common reasons people appeal are: (1) VA denied you benefits for a disability you believe is related to service; or (2) you believe that your disability is more severe than VA rated it.

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1151 Claims

Claims under 38 U.S.C. § 1151

Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

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