The VA Tort Claim – Some Very Basic Info.

The VA Tort Claim – Some Very Basic Info.

I want to line out some basic facts about VA Tort claims – and their Title 38 “cousin”, the Section 1151 claim.

Here’s how it works.

Veterans may be able to service-connect injuries (and their surviving spouses may be able to obtain DIC for a death) caused by treatment in the VA healthcare system.

At the same time, they may also be able to sue the VA doctors or employees that caused the injury under “tort” law.

In this post, I’ll talk about some of the similarities and differences – just the basics – of the so-called VA Tort Claim.

In a VA Disability Claim, can your medications reduce the rating the VA gives you?

In a VA Disability Claim, can your medications reduce the rating the VA gives you?

There are some raters at the VA that act like THEY are having to pay your benefits out of their paycheck.

These raters will commonly lower a Veteran’s disability impairment rating in a VA Disability claim for service connection of an injury or disease resulting from military service, but is getting treatment for that condition.

There is a group of raters who believe that PTSD is cured when you get treatment, that you aren’t disabled if you are taking insulin for diabetes, or that sleep apnea is gone once you start using a CPAP.

The problem is, a lot of Veterans believe them, because it sounds pretty reasonable.

However, the law is not always written this way – and sometimes, for good reason.

PTSD is not cured.

Sleep Apnea rarely goes away.

It is hard to reverse diabetes once your kidneys start to fail.

In this post, I will explain when the VA can – and when they cannot – reduce your VA Disability rating because you are taking medication for the symptoms of the condition… .