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Regulation · 38 CFR § 3.154

38 CFR 3.154: Filing a claim for additional disability from VA care

§ 3.154 Injury due to hospital treatment, etc.

Claim Raven explanation

What this means

This section says a claim for benefits under 38 USC 1151 must be complete and submitted on the appropriate prescribed application. It links that filing requirement to the rules for the substance and effective date of the claim.

Section 1151 concerns specified additional disability or death related to qualifying care or other covered activities. Filing a complaint about care is not necessarily the same as filing the required benefit claim.

How this helps your claim

This helps you distinguish the benefit application from other correspondence about treatment. Read the substantive requirements in § 3.361 with the filing rules before treating a treatment record as proof of entitlement.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Find the benefit application and proof of its receipt.
  • Identify the care or covered activity and additional disability addressed.
  • Keep the relevant treatment records and any notice about application completeness.

Separate a benefit application from a care complaint

A complaint about treatment may ask a medical facility to investigate or explain an event. A section 1151 claim asks VA to decide entitlement to a specified benefit. Those purposes are different even when the documents describe the same episode of care.

For your own records, identify the application, the treatment event and the additional disability being considered. Keep the benefit decision separate from correspondence about patient concerns or other proceedings. This makes it easier to see whether the issue is an incomplete filing or the substantive requirements for compensation.

Does submitting the form prove that treatment caused additional disability?

No. This provision addresses the filing requirement. The underlying section 1151 standards, including the applicable causation and other requirements, still govern entitlement. The application identifies the matter for review; medical records and the governing substantive rules address whether the benefit is supported.

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Official regulatory text

38 CFR § 3.154

eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 3.154 Injury due to hospital treatment, etc.

Claimants must file a complete claim on the appropriate application form prescribed by the Secretary when applying for benefits under 38 U.S.C. 1151 and 38 CFR 3.361. See §§ 3.151, 3.160(a), and 3.400(i) concerning effective dates of awards; see § 3.155(b) regarding intent to file the appropriate application form.

(Authority: 38 U.S.C. 501 and 1151.)

Cross Reference:

Effective Dates. See § 3.400(i). Disability or death due to hospitalization, etc. See §§ 3.358, 3.361 and 3.800.

[79 FR 57695, Sept. 25, 2014]

Related references

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