4. Preparing a Rating Decision Under 38 U.S.C. 1151 Introduction This topic contains information on preparing a rating decision involving a claim for benefits under 38 U.S.C.1151, including considering direct and presumptive SC in 1151 claims preparing the rating decision for 1151 grants preparing the rating decision for 1151 denials assigning an effective date for 1151 compensation combining the disability ratings of qualifying 1151 disabilities and SC disabilities possible eligibility for ancillary benefits based on qualifying 1151 disability, and ancillary benefits not available by reason of a qualifying 1151 disability. Change Date May 14, 2015 a. Considering Do not put direct or presumptive service connection (SC) at issue if the only Direct and issue raised is compensation under and the disability is clearly one that arose Presumptive many years after service or coincident with treatment. SC in 1151 Claims Undertake development and consider awarding SC on a presumptive Note: basis if the disability in question arose within the applicable presumptive period following release from active duty. b. Preparing System-generated text is legally adequate for most grants of benefits under . the Rating Grants of compensation under can be completed in short form rating Decision for narrative format. 1151 Grants No additional text is necessary for the automated decision letter (ADL) document when ADL procedures can be used. Supplement the rating narrative language with a brief discussion of the event that resulted in additional injury or death. Although the regulatory standard for a finding of fault lists Important: as carelessness, negligence, lack of proper skill [and] error in judgment falling under the umbrella of fault-related fact patterns, avoid using words like or particularly if those words do not appear negligence malpractice, verbatim in the evidence of record, as use of those terms may result in unintended impacts on associated tort claims. For more information on References:
4. Preparing a Rating Decision Under 38 U.S.C. 1151 Introduction This topic contains information on preparing a rating decision involving a claim for benefits under 38 U.S.C.1151, including considering direct and presumptive SC in 1151 claims preparing the rating decision for 1151 grants preparing the rating decision for 1151 denials assigning an effective date for 1151 compensation combining the disability ratings of qualifying 1151 disabilities and SC disabilities possible eligibility for ancillary benefits based on qualifying 1151 disability, and ancillary benefits not available by reason of a qualifying 1151 disability. Change Date May 14, 2015 a. Considering Direct and Presumptive SC in 1151 Claims Do not put direct or presumptive service connection (SC) at issue if the only issue raised is compensation under and the disability is clearly one that arose many years after service or coincident with treatment. Note: Undertake development and consider awarding SC on a presumptive basis if the disability in question arose within the applicable presumptive period following release from active duty. b. Preparing the Rating Decision for 1151 Grants System-generated text is legally adequate for most grants of benefits under . Grants of compensation under can be completed in short form rating narrative format. No additional text is necessary for the automated decision letter (ADL) document when ADL procedures can be used. Supplement the rating narrative language with a brief discussion of the event that resulted in additional injury or death. Important: Although the regulatory standard for a finding of fault lists carelessness, negligence, lack of proper skill [and] error in judgment as falling under the umbrella of fault-related fact patterns, avoid using words like negligence or malpractice, particularly if those words do not appear verbatim in the evidence of record, as use of those terms may result in unintended impacts on associated tort claims. References: For more information on
12-17-15_Key%20Changes_M21-1IV_ii_2_SecG.docx