When VA negligence harms a veteran, the veteran sometimes has two potential avenues for compensation: an FTCA malpractice claim, and disability benefits under 38 U.S.C. § 1151, a separate VA benefits provision that compensates veterans for additional disability that VA medical care itself caused (as opposed to a service-connected condition).
The key thing to understand: these two systems interact financially. If a veteran receives both 1151 benefits and a monetary recovery from an FTCA claim for the same injury, federal law generally requires an offset. The VA reduces future 1151 payments to account for the tort recovery the veteran has already received, so the veteran doesn’t collect twice for the identical harm.
What this doesn’t mean:
- It doesn’t mean you can’t pursue both. Many veterans do, at different points in time.
- It doesn’t affect unrelated VA disability benefits (like service-connected ratings for conditions unrelated to the malpractice).
- It doesn’t happen automatically or immediately. The VA’s benefits administration typically applies the offset after the parties finalize a settlement or the court enters a judgment.
Because the interaction between these two systems can significantly affect how much money a veteran ultimately receives, and when, it’s worth discussing both angles with an attorney early rather than after you’ve already reached a settlement. See our FAQ page for more on how this and other VA-specific issues typically come up.
If a VA healthcare provider or VA facility has injured you or a loved one, you may be able to recover compensation. Contact our office and schedule a free consultation.