a. 1151 Entitlement to compensation under may be based on acts of omission as well Disability as acts of commission in providing hospital care, medical or surgical Resulting treatment, or examination. From an Act of Omission An act of commission occurs when an action results in disability or death. An act of omission under occurs when VA fails to perform one of the following actions and additional disability or death results: timely diagnose or properly treat a disability, thereby causing increased disability or death, and/or obtain informed consent from the Veteran or the representative Veteran’s prior to treatment. For more information on References: failure-to-diagnose claims under , see 607 F.3d 809-817 (2010) , acts of omission, see informed consent, see M21-1, Part IV, Subpart ii, 2.G.1.k, and , and the natural progression of a disease or injury, see , and M21-1, Part IV, Subpart ii, 2.G.1.o. b. 1151 Compensation may be payable under when a physician determines that a Disability patient should be discharged from a hospital after a period of treatment, but Resulting From the patient claims that the discharge Premature Discharge was too early, and led to a relapse and worsening of the disability. Consider whether the timing of the discharge aggravated the disability beyond the level of natural progression. Notes: Development for medical records should include a request for a medical certificate indicating that the at discharge was not stable, and Veteran’s condition discharge was premature. A medical opinion may be necessary in such a case.
a. 1151 Disability Resulting From an Act of Omission Entitlement to compensation under may be based on acts of omission as well as acts of commission in providing hospital care, medical or surgical treatment, or examination. An act of commission occurs when an action results in disability or death. An act of omission under occurs when VA fails to perform one of the following actions and additional disability or death results: timely diagnose or properly treat a disability, thereby causing increased disability or death, and/or obtain informed consent from the Veteran or the Veteran’s representative prior to treatment. References: For more information on failure-to-diagnose claims under , see , 607 F.3d 809-817 (2010) acts of omission, see informed consent, see M21-1, Part IV, Subpart ii, 2.G.1.k, and , and the natural progression of a disease or injury, see , and M21-1, Part IV, Subpart ii, 2.G.1.o. b. 1151 Disability Resulting From Premature Discharge Compensation may be payable under when a physician determines that a patient should be discharged from a hospital after a period of treatment, but the patient claims that the discharge was too early, and led to a relapse and worsening of the disability. Consider whether the timing of the discharge aggravated the disability beyond the level of natural progression. Notes: Development for medical records should include a request for a medical certificate indicating that the Veteran’s condition at discharge was not stable, and discharge was premature. A medical opinion may be necessary in such a case.
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