PREC 7-97    Benefits under 38 U.S.C. § 1151 for Disability Incurred as the "Result of Hospitalization"     Citation: Vet. Aff. Op. Gen Couns. Prec. 8-97, VAOPGCPREC 8-97, 1997

QUESTION PRESENTED:

Do the provisions of 38 U.S.C. § 1151 authorizing monetary benefits for disability incurred as the “result of hospitalization” apply to disabilities incurred during hospitalization but which are unrelated to a program of medical treatment?

HELD:

Compensation under 38 U.S.C. § 1151 for injuries suffered “as the result of . . . hospitalization” is not limited to injuries resulting from the provision of hospital care and treat-

ment, but may encompass injuries resulting from risks created by any circumstances or incidents of hospitalization.  In determining whether a specific injury is a result of hospi-

talization, guidance may be drawn in appropriate cases from judicial decisions under workers’ compensation laws and similar laws requiring a finding of causation without regard to fault.  An injury caused by a fall may be considered a result of hospitalizaion where the conditions or incidents of hospitalization caused or contributed to the fall or the severity of the injury.  A fall due solely to the patient’s inadvertence, want of care, or preexisting disability generally does not result from hospitalization.  An injury incurred due to recreational activity may be considered a result of hospitalization where VA requires or encourages participation in the activity, administers or controls the activity, or facilitates the activity in furtherance of treatment objectives.  In individual cases, the question whether an injury resulted from hospitalization is essentailly an issue of fact to be determined by the factfinder upon consideration of all pertinent circumstances.