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In-service Assault

By Editorial StaffOn

PTSD Based on In-service Assault

Post traumatic stress disorder claims based upon In-service Assault, notably sexual assaults, cause distinctive difficulties regarding corroboration.
 
Due to the hypersensitive nature associated with sexual attacks, a number of sufferers do not report them. As a result, there may seldom be records or some other documentation associated with the attack.
Due to this difficulty, the VA has relaxed the evidentiary needs regarding confirming this sort of in-service stress factor.

According to the most current Title 38 regulating Pensions, Bonuses, and Veterans’ Relief:

(5) If a posttraumatic stress disorder claim is based on in-service personal assault, evidence from sources other than the veteran’s service records may corroborate the veteran’s account of the stressor incident. Title 38 → Chapter I → Part 3 → Subpart A → §3.304

Examples Of Evidence

Examples of such evidence include, but are not limited to:

  • records from law enforcement authorities
  • rape crisis centers
  • mental health counseling centers
  • hospitals, or physicians
  • pregnancy tests or tests for sexually transmitted diseases
  • statements from family members, roommates, fellow service members, or clergy.

Evidence of behavior changes following the claimed assault is one type of important evidence that may be found in these sources.

Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to:

  • a request for a transfer to another military duty assignment
  • deterioration in work performance
  • substance abuse
  • episodes of depression
  • panic attacks, or anxiety without an identifiable cause
  • unexplained economic or social behavior changes

The VA will not deny a PTSD claim that is based on in-service personal assault without first advising you that evidence from sources other than your service records or evidence of behavior changes may help support evidence of the stressor.  So you have the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence.  The VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred.

Denied VA benefits?

If you have been denied your VA benefits and need help with your appeal we are here to help you. Cameron Firm PC has certified Veteran Appeals Lawyers on staff who will fight with you to secure the benefits you deserve. We understand the sacrifices you have made.  Call our office,  at 1 800-861-7262 for a free consultation.

This article is for educational and marketing purposes only. Consequently, it does not create an attorney-client relationship

CategoriesPTSD

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