MILITARY SEXUAL TRAUMA & PHYSICAL ASSAULT

The VA reports an astounding 41.5 percent of female and 4 percent of male veterans experience a sexual assault during service. Yet, studies have found that a majority of in-service assaults go unreported. The lack of reporting is for a variety of reasons including misplaced feelings of guilt, fear of retaliation by the perpetrator, and worrying that their chain of command will not believe them. 

A lack of reporting can make it difficult to prove an "in-service stressor." 

The VA adopted 38 C.F.R. § 3.304(f)(5) in an attempt to address the reporting problem and make it easier to win a claim for PTSD caused by an in-service assault. The regulation relaxes the evidentiary standard required to prove that the incident occurred during a period of military service by allowing the VA to consider evidence outside of a veteran's service records. The VA refers to that evidentiary burden as proving an "in-service stressor." 

To prove an in-service stressor, § 3.304(f)(5) allows the VA to consider evidence including, but not limited to: 

• law enforcement records; 
• reports from rape crisis centers, mental health counseling centers, hospitals or physicians; 
• pregnancy or STD tests;
• statements from family, roommates, clergy, and fellow service members.

Evidence of behavioral changes following the incident is one type of relevant evidence from these sources that the VA considers. Behavioral changes that the VA considers 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.

I can help.

Many survivors of sexual or physical assault are understandably hesitant to pursue a claim for PTSD because reliving the incident is an emotionally taxing and painful experience that they want to avoid. You can count on my confidential and empathetic help to prove your claim, and you can focus your energy elsewhere. Contact me by calling, e-mailing, or clicking the link below.