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Berta--offset In 1151 Claim.
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Guest Morgan
Berta,
I came across this and thought you might want to see it. I'm not sure it would apply to your claim. The rest of this document has a lot of info about how the VA develops an 1151 claim.
Does this confirm the "double compensation" for a successful 1151 claim for an already SC condition? Ron Abrams told me the VA cannot pay twice for the same condition, but I think this says otherwise. What do you think?
(I thought it was interesting that in example 2, the vet filed an 1151 claim for side effects injury from clinically appropriate medication.)
22.07 OFFSET NOT APPLICABLE
The offset provisions are applicable if compensation for a disability is payable SOLELY under 38 U.S.C. 1151. If compensation is otherwise payable for a disability, no offset is required.
EXAMPLE 1: A veteran is rated 10 percent disabled because of a service-connected foot disability. The veteran enters a VA medical center for treatment of the disability. The evaluation is increased to 30 percent due to an aggravation of the injury as a result of the medical or surgical treatment. The veteran sues the hospital and recovers. No offset is required because the foot disability is service connected without regard to 38 U.S.C. 1151.
EXAMPLE 2: A veteran is service connected for a severe pulmonary condition which requires the administration of significant doses of steroids. The veteran later develops cataracts and claims that the cataracts are due to the steroid treatments. The veteran files a compensation claim under 38 U.S.C. 1151. The rating board should consider whether the cataracts are proximately due to or the result of a service-connected disability so that the condition can be service connected under 38 CFR 3.310. If the rating board does grant service connection for cataracts under 38 CFR 3.310, no offset is required.
Another question. We haven't filed a claim under 1151, but will they consider the investigation going on now as a claim for 1151? Here's what I found when I found the above excerpt:
22.02 CLAIMS REQUIREMENTS
a. The veteran need only submit a statement showing an intent to apply for compensation under 38 U.S.C. 1151. There is no requirement for submission of VA Form 21-526. A formal claim, however, for compensation or pension is a claim for compensation under 38 U.S.C. 1151 (38 CFR 3.154).
Carrie
Edited by MorganLink to comment
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