Sec. 203. Standard of proof for service-connection of mental health conditions relating to military sexual trauma
1,035 words·~5 min read·
/bill/117/s/3025/rs/section-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subchapter VI of chapter 11 of such title is amended by adding at the end the following new section: In the case of any veteran who claims that a covered mental health condition based on military sexual trauma was incurred in or aggravated by active military, naval, or air service, the Secretary shall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence, in accordance with subsections
(b)and (c), of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, as specified in subsection (f), notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. In carrying out subsection (a), the Secretary shall ensure that if a claim for compensation under this chapter is received by the Secretary for a covered mental health condition based on military sexual trauma, evidence from sources other than official records of the Department of Defense regarding the veteran's service may corroborate the veteran's account of the trauma. Examples of evidence described in paragraph
(1)include the following: Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians. Pregnancy tests and tests for sexually transmitted diseases. Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy. In carrying out subsection (a), the Secretary shall ensure that evidence of a behavior change following military sexual trauma is one type of relevant evidence that may be found in sources described in such subsection. Examples of behavior changes that may be relevant evidence of military sexual trauma include the following: A request for a transfer to another military duty assignment. Deterioration in work performance. Substance abuse or substance use disorder. Episodes of depression, panic attacks, or anxiety without an identifiable cause. Unexplained economic or social behavior changes. The Secretary may not deny a claim of a veteran for compensation under this chapter for a covered mental health condition that is based on military sexual trauma without first— advising the veteran that evidence described in subsections
(b)and
(c)may constitute credible corroborating evidence of the military sexual trauma; and allowing the veteran an opportunity to furnish such corroborating evidence or advise the Secretary of potential sources of such evidence. In a case where evidence described in subsection
(b)or
(c)is unavailable, and the only evidence of the occurrence of the military sexual trauma is the veteran’s own lay statement, the Secretary shall accept such lay statement as credible evidence the event occurred, unless such statement is inconsistent with the places, types, and circumstances of the service of the veteran, including evidence of the veteran’s unit assignments, military specialty, or dates and locations of service, or unless there is clear and convincing evidence to the contrary. In reviewing a claim for compensation described in subsection (a)(1), for any evidence identified as part of such claim that is described in subsection
(b)or (c), or if subsection
(e)applies, the Secretary shall submit such evidence to such medical or mental health professional as the Secretary considers appropriate, including clinical and counseling experts employed by the Department, to obtain an opinion as to whether it is at least as likely as not that there is a nexus between the military sexual trauma and any diagnosed covered mental health condition. In the case of any veteran who submits with the claim for a covered mental health condition a lay statement describing the military sexual trauma, such veteran shall be provided with a medical examination and opinion as described in paragraph
(1)without delay for request of records specified in subsections
(b)and
(c)from the veteran. For any veteran described in paragraph (2), if the medical examination and opinion do not result in a diagnosis of a covered mental health condition and a positive opinion that the military sexual trauma is related to such diagnosis, the Secretary shall request the records specified in subsections
(b)and
(c)and, if such evidence is received, paragraph
(1)shall again apply and a subsequent medical examination and opinion shall be requested. The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation described in subsection
(a)includes contact information for an appropriate point of contact with the Department. The Secretary shall ensure that all claims for compensation described in subsection
(a)are reviewed and processed by a specialized team established under section 1166 of this title. The Secretary shall not construe this section as supplanting the standard of proof or evidence required for claims for posttraumatic stress disorder based on non-sexual personal assault, which the Secretary shall continue to define in regulation. In this section: The term covered mental health condition means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma and which may be service-connected. The term military sexual trauma means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the active military, naval, or air service. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement, with input from the veteran community, an informative outreach program for veterans regarding the standard of proof for evaluation of claims related to military sexual trauma, including consideration of lay statements and requirements for a medical examination and opinion. The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1167. Evaluation of claims involving military sexual trauma. .