Brown v. Gardner - 513 U.S. 115, 115 S. Ct. 552 (1994)

Rule:

38 U.S.C.S. § 1151 provides that the VA will compensate for an injury, or an aggravation of an injury, that occurs as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation provided under any of the laws administered by the VA, so long as the injury was not the result of such veteran's own willful misconduct.

Facts:

Claimant Fred P. Gardne was a veteran of the Korean conflict, and he received medical treatment at a Department of Veterans Affairs (VA) facility for a herniated disc unrelated to his prior military service. Subsequently, he developed pain and weakness in his left calf, ankle, and foot, which he alleged was the result of the surgery. He then claimed disability benefits under 38 U.S.C.S. § 1151. The VA and the Board of Veterans' Appeals denied the claim for benefits on grounds that § 1151, as interpreted by its regulation under 38 C.F.R. § 3.358(c)(3) (1993), only covered an injury if it proximately resulted from fault on the part of the VA or from the occurrence during treatment or rehabilitation of an "accident." The Court of Veterans' Appeals reversed the judgment, and the lower court affirmed. Petitioner Secretary of Veterans Affairs sought review.

Issue:

Did 38 U.S.C.S. § 1151, as interpreted by its regulation under 38 C.F.R. § 3.358(c)(3) (1993), only cover an injury if it proximately resulted from fault on the part of the VA?

Answer:

No.

Conclusion:

The court affirmed the judgment by holding that the statutory language of 38 U.S.C.S. § 1151 did not require fault on the part of the VA in order for the claimant to be awarded disability benefits. Further, the court averred that no such inference could be drawn because, within the statutory context, "injury" did not carry a fault connotation. Accordingly, the court affirmed the judgment.