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habu6

Question

I remember reading somewhere that certain disabilities incurred while being treated in

a V.A. facility are presumed to be service connected. Anyone know where this information is located? A service officer claims it's in " the manual", but hangesd if I can find it.

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If a Veteran is injured at a VA Hospital due to Negligence or Malpractice of a VA Employee, the Veteran can not only file a Federal Tort Claim against the VA and the United States of America in Federal District Court, but also can file a Section 1151 Claim for Service-Connected Disability Compensation.

Pursuant to Title 38, Section 1151 of the United States Code Service (U.S.C.S), there are several avenues of compensation available to Veterans who suffer a physical, psychological, or psychiatric personal injury as a result of VA, VA Health Care, VA vocational rehabilitation (pursuant to Chapter 31 of Title 38 U.S.C.S.), or participation in a VA compensated work therapy program (Pursuant to 38 U.S.C.S., Section 1718).

First, a Veteran, or his or her survivors or estate may pursue a medical malpractice claim against the under the Federal Tort Claim Act (FTCA). At the time of filing a FTCA lawsuit, or at any later time, a Veteran may apply for Disability Compensation under Section 1151.

If under Section 1151, the VA determines that the Veteran’s disability was caused by VA negligence, the VA will pay Compensation Benefits as if the disability were service connected.

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      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

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