II 

112TH CONGRESS 

1ST SESSION S. 1391 

To amend title 38, United States Code, to improve the disability compensation 

evaluation procedure of the Secretary of Veterans Affairs for veterans 

with post-traumatic stress disorder or mental health conditions related 

to military sexual trauma, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20 (legislative day, JULY 19), 2011 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

disability compensation evaluation procedure of the Secretary of Veterans Affairs for veterans with post-traumatic stress disorder or mental health conditions related 

to military sexual trauma, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. STANDARD OF PROOF FOR SERVICE-CONNEC2 TION OF POST-TRAUMATIC STRESS DIS3 ORDER AND MENTAL HEALTH CONDITIONS 

4 RELATED TO MILITARY SEXUAL TRAUMA. 

5 (a) STANDARD OF PROOF.—Section 1154 of title 38, 

6 United States Code, is amended by adding at the end the 

7 following new subsections: 

8 ‘‘(c)(1) The Secretary shall accept as sufficient proof 

9 of service-connection of post-traumatic stress disorder al10 leged to have been incurred in or aggravated by service 

11 in the active military, naval, or air service a diagnosis of 

12 post-traumatic stress disorder by a mental health profes13 sional together with written testimony by the veteran of 

14 such incurrence or aggravation and a written determina15 tion by the professional that such disorder is related to 

16 the veteran’s service, if consistent with the circumstances, 

17 conditions, or hardships of such service, notwithstanding 

18 the fact that there is no official record of such incurrence 

19 or aggravation in such service, and, to that end, shall re20 solve every reasonable doubt in favor of the veteran. 

21 ‘‘(2) Service-connection of post-traumatic stress dis22 order may be rebutted by clear and convincing evidence 

23 to the contrary. In the case of such a rebuttal, the Sec24 retary shall make all documents related to the service-con25 nection of the veteran’s disability available to the veteran. 


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1 ‘‘(d)(1) The Secretary shall accept as sufficient proof 

2 of service-connection of covered mental health conditions 

3 alleged to have been incurred or aggravated by military 

4 sexual trauma experienced during service in the active 

5 military, naval, or air service a diagnosis of such mental 

6 health condition by a mental health professional together 

7 with written testimony by the veteran of such trauma al8 leged to have been incurred during the veteran’s service 

9 and a written determination by the professional that such 

10 mental health condition is related to such trauma, if con11 sistent with the circumstances, conditions, or hardships of 

12 such service, notwithstanding the fact that there is no offi13 cial record of the incurrence of such trauma in such serv14 ice, and, to that end, shall resolve every reasonable doubt 

15 in favor of the veteran. 

16 ‘‘(2) Service-connection of covered mental health con17 ditions under this subsection may be rebutted by clear and 

18 convincing evidence to the contrary. In the case of such 

19 a rebuttal, the Secretary shall make all documents related 

20 to the service-connection of the veteran’s disability avail21 able to the veteran. 

22 ‘‘(3) In this subsection: 

23 ‘‘(A) The term ‘covered mental health condi24 tions’ means post-traumatic stress disorder, anxiety, 

25 depression, or other mental health conditions that 


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1 the Secretary determines to be related to military 

2 sexual trauma. 

3 ‘‘(B) The term ‘military sexual trauma’ means, 

4 with respect to a veteran, psychological trauma, 

5 which in the judgment of a mental health profes6 sional, resulted from a physical assault of a sexual 

7 nature, battery of a sexual nature, or sexual harass8 ment which occurred while the veteran was serving 

9 on active duty or active duty for training.’’. 

10 (b) EFFECTIVE DATE.—Subsections (c) and (d) of 

11 section 1154 of title 38, United States Code, as added by 

12 subsection (a), shall apply with respect to any claim for 

13 disability compensation under laws administered by the 

14 Secretary of Veterans Affairs for which no final decision 

15 has been made before the date of the enactment of this 

16 Act. 

Æ 


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