Compensation for Disability Resulting From Hospitalization, Treatment, Examination, or Vocational Rehabilitation

This document adopts as a final rule with minor, nonsubstantive changes an interim rule amending Department of Veterans Affairs (VA) adjudication regulations concerning compensation for disability or death resulting from VA hospitalization, medical or surgical treatment, or examination. Before the interim rule, to establish entitlement to compensation for adverse results of medical or surgical treatment, the regulations required that VA be at fault or that an accident occur. In order to conform the regulations to a recent United States Supreme Court decision, the interim rule deleted the fault-or-accident requirement and instead provided that compensation is not payable for the necessary consequences of proper treatment to which the veteran consented.