Medical Neglect in the Military and the Department of Veterans Affairs

Thank you for taking the time to share your time and review some basic information about Section 1151 claims, the Federal Tort Claims Act, Feres Doctrine and the military’s Claims Service. Many clients contact us with reports of their injuries and suffering that they have experienced.  If you are one of them, we certainly empathize with you.

However our law firm is focused on injuries arising during military service.  After discharge, we have been successful in achieving a military disability pension pursuant to Section 61 of Title 10, of the United States Code.   If military service caused you to become physically or mentally unfit, and you have evidence, typically the VA determines whether your injuries are rated at 30% or greater.  If so, you are eligible for disability retirement pension (PDR) and Tricare healthcare benefits.

If that injury caused you to have an unstable condition, you may be awarded temporary disability retired list (TDRL) for up to five years.  Thereafter, the military branch decides whether discharge as a retiree is appropriate or, in the rare case, returns someone to duty.

We have seen many members who regret returning to duty.

Section 1151 claims, the Federal Tort Claims Act (FTCA), Feres Doctrine and the military’s Claims Service.   As of December 2025, we are not accepting these types of matters.  The information below is not legal advice and you should seek competent counsel who know the difference between the different types of filing and the requirements.

FTCA – First of all, you need to be aware of the requirement to file an administrative claim with the VA within two years of the incident or knowledge of the malpractice-related injury. Once that claim has been determined, it is possible to file in federal District Court.

Litigating these matters requires specialized legal skills and many lawyers will not take them without a retainer payment.  Some lawyers will accept strong cases on a contingent basis which means the law firm only recovers payment if they prevail on the plaintiff’s behalf.  These types of matters can be very time-consuming and take years of litigation.

Federal Tort Claims Act allows exceptions to governmental immunity from lawsuits, and have strict filing requirements.

Military Claims Service – If you wish to sue for military medical malpractice for you or a dependent, these are also difficult cases.  To protect your rights, at least file the Claim form within two years.  And get legal counsel as soon as possible.

Section 1151. To sue the VA for neglect, you cannot receive a lump sum payment for your suffering and damages but there is a Title 38 USC Section 1151 provision for allegations of malpractice.  You can use this provision for Dependents Indemnity Compensation, VA entitlement for monthly compensation or an increase, among other benefits.

We hope that you have found this helpful.

We wish you every success and regret that we cannot serve your legal needs.