Additional Disability or Death Due to Hospital Care, Medical or Surgical Treatment, Examination, or Training and Rehabilitation Services
VA · va-benefits · Published 1998-08-24 · 63 FR 45004
Document
Document number
98-22486
Federal Register citation
63 FR 45004
CFR reference
38 CFR 3
Type
Rule
Action
Final rule.
Category
va-benefits
Agency
US Department of Veterans Affairs
Publication date
1998-08-24
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 due to VA hospital care, medical or surgical treatment, examination, or training and rehabilitation services. Under this final rule, 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 are also payable for additional disability or death proximately caused by VA's provision of training and rehabilitation services. This final rule is necessary to reflect Congress' recent amendment of 38 U.S.C. 1151, the statutory authority for such benefits.