Additional Disability or Death Due to Hospital Care, Medical or Surgical Treatment, Examination, Training and Rehabilitation Services, or Compensated Work Therapy Program
VA · va-benefits · Published 2004-08-03 · Effective 2004-09-02 · 69 FR 46426
Document
Document number
04-17597
Federal Register citation
69 FR 46426
CFR reference
38 CFR 3
Type
Rule
Action
Final rule.
Category
va-benefits
Agency
US Department of Veterans Affairs
Publication date
2004-08-03
Effective date
2004-09-02
Abstract
This document amends the Department of Veterans Affairs (VA) adjudication regulations concerning awards of compensation or dependency and indemnity compensation for additional disability or death caused by VA hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy (CWT) program. Under this amendment, benefits are payable for additional disability or death caused by VA hospital care, medical or surgical treatment, or examination only if VA fault or "an event not reasonably foreseeable" proximately caused the disability or death. Benefits also are payable for additional disability or death proximately caused by VA's provision of training and rehabilitation services or CWT program. This amendment reflects amendments to 38 U.S.C. 1151, the statutory authority for such benefits.