d. Type of VA For the purposes of , the types of VA care that can cause the disability or Care death include Considered Under 38 USC hospital care 1151 medical or surgical treatment, or examination. Refer to the table below for more information on these types of VA care. Type of Care Definition References Hospital care The term For more information on hospital care encompasses, at a minimum, services unique to the the definition of hospitalization of patients. hospital care, see Whether there was hospital care for the purpose of 24 Vet. App. 328 , depends on a variety of (2011) factors, including the , 705 F.3d 1374 (Fed.Cir. 2013) nature of services 23 Vet.App. 284, , degree of VA control over 289 (2009), and patient freedom , and mental and physical the difference between condition of patients, and hospitalization under foreseeability of potential and hospital care under harm. , see M21-1, Part IV, Subpart ii, 2.G.1.r. Medical or The term is For more information on treatment surgical treatment defined as the definition of medical or surgical treatment see . the institution of measures or the giving of remedies designed to cure a disease, Medical Stedman’s 1320 (3rd ed. Dictionary 1972), or the management and care of a patient for the purpose of combating disease or disorder. Dorland’s Illustrated Medical 1736 (28th ed. Dictionary 1994). For the purpose of authorizing compensation
d. Type of VA Care Considered Under 38 USC 1151 For the purposes of , the types of VA care that can cause the disability or death include hospital care medical or surgical treatment, or examination. Refer to the table below for more information on these types of VA care. Type of Care Definition References Hospital care The term hospital care encompasses, at a minimum, services unique to the hospitalization of patients. Whether there was hospital care for the purpose of depends on a variety of factors, including the nature of services degree of VA control over patient freedom mental and physical condition of patients, and foreseeability of potential harm. For more information on the definition of hospital care, see , 24 Vet. App. 328 (2011) , 705 F.3d 1374 (Fed.Cir. 2013) , 23 Vet.App. 284, 289 (2009), and , and the difference between hospitalization under and hospital care under , see M21-1, Part IV, Subpart ii, 2.G.1.r. Medical or surgical treatment The term treatment is defined as the institution of measures or the giving of remedies designed to cure a disease, Stedman’s Medical Dictionary 1320 (3rd ed. 1972), or the management and care of a patient for the purpose of combating disease or disorder. Dorland’s Illustrated Medical Dictionary 1736 (28th ed. 1994). For the purpose of authorizing compensation For more information on the definition of medical or surgical treatment see .
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