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In-Service Sexual & Physical Assaults

PTSD claims based upon in-service assaults, especially sexual assaults, present unique problems of corroboration. Because of the sensitive nature of sexual assaults, many victims do not report them. As such, there will rarely be documentation or other written memorial of the assault. Because of this problem, the VA has relaxed the evidentiary requirements for corroborating this type of in-service stressor:

If a post-traumatic 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. Examples of such evidence include, but are not limited to: records from law enforce authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. § 3.304(f)(3) (emphasis added).

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  • We represent cases at all levels on appeal
  • We’ll obtain additional medical opinion evidence, when needed
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Sexual & Physical Assault

In-Service Sexual & Physical Assaults

PTSD claims based upon in-service assaults, especially sexual assaults, present unique problems of corroboration. Because of the sensitive nature of sexual assaults, many victims do not report them. As such, there will rarely be documentation or other written memorial of the assault. Because of this problem, the VA has relaxed the evidentiary requirements for corroborating this type of in-service stressor:

If a post-traumatic 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. Examples of such evidence include, but are not limited to: records from law enforce authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. § 3.304(f)(3) (emphasis added).

Need Help with
Your Disability Appeal?

Get Free Consultation

  • We represent cases at all levels on appeal
  • We’ll obtain additional medical opinion evidence, when needed
  • We’ll arrange for Vocational Rehab experts to assist, when needed
  • Free Consultation

"After several years of struggling with the VA and not much to show for it but frustration, your law group was a sign of relief. You guys reduced the level of stress significantly, knowing that I finally had someone on my side who understood how to work/deal with the VA system."

  • James H.|El Cajon, CA

    $20,680

"Best decision I have ever made was calling VLG for help. Mark Lippman walked me through everything from start to finish and without his help I would still be waiting on my claim. So thankful more than words can explain. By far the best lawyers I ever talked to or used or even heard people talk about. Thank you from the bottom of my heart. You helped me more than I ever dreamed of."

  • Brian H.|North Carolina

    Awarded $92,000

Need Help with
Your Disability Appeal?

Get Free Consultation

  • We represent cases at all levels on appeal
  • We’ll obtain additional medical opinion evidence, when needed
  • We’ll arrange for Vocational Rehab experts to assist, when needed
  • Free Consultation

"Veterans Law Group did their best to move the VA along. Mr. Lippman and his staff paid attention to my needs."

  • Thomas Z.

    Cheshire, CT

$315,809