Compensation for Disability Resulting From Hospitalization, Treatment, Examination, or Vocational Rehabilitation
VA · va-benefits · Published 1995-03-16 · Effective 1991-11-25 · 60 FR 14221
Document
Document number
95-6510
Federal Register citation
60 FR 14221
CFR reference
38 CFR 3
Type
Rule
Action
Interim final rule with request for comments.
Category
va-benefits
Agency
US Department of Veterans Affairs
Publication date
1995-03-16
Effective date
1991-11-25
Abstract
This document amends Department of Veterans Affairs (VA) adjudication regulations concerning compensation for disability or death resulting from VA hospitalization, medical or surgical treatment, or examination. Previously, the regulations required that VA be at fault or that an accident occur to establish entitlement to compensation for adverse results of medical or surgical treatment. This rule deletes the fault-or-accident requirement and instead provides that compensation is not payable for the necessary consequences of proper treatment to which the veteran consented. This amendment is necessary to conform the regulations to a recent United States Supreme Court decision.