
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 303]
[CITE: 38USC1151]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
             SUBCHAPTER VI--GENERAL COMPENSATION PROVISIONS
 
Sec. 1151. Benefits for persons disabled by treatment or 
        vocational rehabilitation
        
    (a) Compensation under this chapter and dependency and indemnity 
compensation under chapter 13 of this title shall be awarded for a 
qualifying additional disability or a qualifying death of a veteran in 
the same manner as if such additional disability or death were service-
connected. For purposes of this section, a disability or death is a 
qualifying additional disability or qualifying death if the disability 
or death was not the result of the veteran's willful misconduct and--
        (1) the disability or death was caused by hospital care, medical 
    or surgical treatment, or examination furnished the veteran under 
    any law administered by the Secretary, either by a Department 
    employee or in a Department facility as defined in section 
    1701(3)(A) of this title, and the proximate cause of the disability 
    or death was--
            (A) carelessness, negligence, lack of proper skill, error in 
        judgment, or similar instance of fault on the part of the 
        Department in furnishing the hospital care, medical or surgical 
        treatment, or examination; or
            (B) an event not reasonably foreseeable; or

        (2) the disability or death was proximately caused by the 
    provision of training and rehabilitation services by the Secretary 
    (including by a service-provider used by the Secretary for such 
    purpose under section 3115 of this title) as part of an approved 
    rehabilitation program under chapter 31 of this title.

    (b) Where an individual is, on or after December 1, 1962, awarded a 
judgment against the United States in a civil action brought pursuant to 
section 1346(b) of title 28 or, on or after December 1, 1962, enters 
into a settlement or compromise under section 2672 or 2677 of title 28 
by reason of a disability or death treated pursuant to this section as 
if it were service-connected, then no benefits shall be paid to such 
individual for any month beginning after the date such judgment, 
settlement, or compromise on account of such disability or death becomes 
final until the aggregate amount of benefits which would be paid but for 
this subsection equals the total amount included in such judgment, 
settlement, or compromise.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 351; Pub. L. 87-825, 
Sec. 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 91-24, Sec. 3, June 11, 
1969, 83 Stat. 33; Pub. L. 94-433, title IV, Sec. 404(19), Sept. 30, 
1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec. 213(1), Mar. 2, 
1984, 98 Stat. 46; renumbered Sec. 1151 and amended Pub. L. 102-83, 
Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 104-204, 
title IV, Sec. 422(a), Sept. 26, 1996, 110 Stat. 2926.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-204, Sec. 422(a)(1), added subsec. 
(a) and struck out former first sentence of section which read as 
follows: ``Where any veteran shall have suffered an injury, or an 
aggravation of an injury, as the result of hospitalization, medical or 
surgical treatment, or the pursuit of a course of vocational 
rehabilitation under chapter 31 of this title, awarded under any of the 
laws administered by the Secretary, or as a result of having submitted 
to an examination under any such law, and not the result of such 
veteran's own willful misconduct, and such injury or aggravation results 
in additional disability to or the death of such veteran, disability or 
death compensation under this chapter and dependency and indemnity 
compensation under chapter 13 of this title shall be awarded in the same 
manner as if such disability, aggravation, or death were service-
connected.''
    Subsec. (b). Pub. L. 104-204, Sec. 422(a)(2), designated second 
sentence of section as subsec. (b), struck out ``, aggravation,'' after 
``disability'' in two places, and substituted ``this subsection equals 
the total amount'' for ``this sentence equals the total amount''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 351 of this 
title as this section.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.
    1984--Pub. L. 98-223 substituted ``title 28'' for ``title 28, United 
States Code,'' in two places.
    1976--Pub. L. 94-433 struck out ``him'' before ``under any of the 
laws'' and substituted ``such veteran's'' for ``his'' in first sentence.
    1969--Pub. L. 91-24 substituted ``, on or after December 1, 1962,'' 
for ``hereafter'' wherever appearing.
    1962--Pub. L. 87-825 provided that where an individual is awarded a 
judgment under section 1346(b) of title 28, enters a settlement or 
compromise under section 2672 or 2677 of such title by reason of a 
disability, aggravation, or death treated pursuant to this section as if 
service-connected, then no benefits shall be paid such individual for 
any month beginning after such judgment, settlement or compromise 
becomes final until the aggregate amount of benefits equals the total 
amount included in such judgment, settlement, or compromise, and struck 
out provisions which required that no benefits were to be awarded unless 
application was made therefor within two years after an injury or 
aggravation was suffered, or a death occurred.


                    Effective Date of 1996 Amendment

    Section 422(b), (c) of Pub. L. 104-204 provided that:
    ``(b)(1) The amendments made by subsection (a) [amending this 
section] shall take effect on October 1, 1996.
    ``(2) Section 1151 of title 38, United States Code (as amended by 
subsection (a)), shall govern all administrative and judicial 
determinations of eligibility for benefits under such section that are 
made with respect to claims filed on or after the effective date set 
forth in paragraph (1) [Oct. 1, 1996], including those based on original 
applications and applications seeking to reopen, revise, reconsider, or 
otherwise readjudicate on any basis claims for benefits under such 
section 1151 or any provision of law that is a predecessor of such 
section.
    ``(c) Nothwithstanding [sic] subsection (b)(1), section 421(d) [set 
out as a note under section 1801 of this title], or any other provision 
of this Act [see Tables for classification], section 421 [enacting 
sections 1801 to 1806 of this title, amending section 5312 of this 
title, and enacting provisions set out as notes under section 1801 of 
this title] and this section [amending this section] shall not take 
effect until October 1, 1997, unless legislation other than this Act is 
enacted to provide for an earlier effective date.''


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 
of Pub. L. 94-433, set out as a note under section 1101 of this title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-825 effective first day of second calendar 
month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87-825, 
set out as a note under section 110 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1710, 5110, 5313 of this 
title.
