VIII.iv.1.E.1.c. Alternative Sources of Evidence of In-Service Personal Trauma | | If service records contain no sufficient documentary evidence that personal trauma, including in-service sexual assault, occurred, evidence from alternative sources other than the Veteran's service records may corroborate the Veteran's account of the personal traumatic event(s). Examples of such alternative sources of evidence include, but are not limited to- a rape crisis center or center for domestic abuse
- a counseling facility or health clinic
- family members or roommates
- a faculty member
- civilian police reports
- medical reports from civilian physicians or caregivers who treated the Veteran immediately following the event or sometime later
- a chaplain or clergy
- fellow service members, and
- personal diaries or journals.
Note: 38 CFR 3.304(f)(5) provides that in PTSD claims based on in-service personal assault, evidence from sources other than the Veteran’s service records may be used to corroborate the Veteran’s account of the stressor incident. However, VA Office of General Counsel concluded in VAOPGCPREC 3-2012 that PTSD personal assault regulation changes and guidance are not a sufficient basis for invocation of liberalizing law effective date rules. Important: - VA may not treat the absence of a service record documenting an unreported sexual assault as evidence that the sexual assault did not occur, as indicated in AZ and AY v. Shinseki, 731 F.3d 1303 (Fed. Cir. 2013). In addition, VA may not rely on a Veteran’s failure to report an in-service sexual assault to military authorities as pertinent evidence that the sexual assault did not occur. Therefore, do not use the absence of service record documentation or lack of report of in-service sexual assault to military authorities as evidence to conclude that a sexual assault did not occur.
- Alternative sources of evidence, such as those described above, may or may not be sufficient on their own to establish the occurrence of the claimed personal traumatic event(s).
- If the alternative evidence is sufficient on its own to establish the in-service personal traumatic event(s), then a medical opinion for the purpose of clinical interpretation of behavioral changes, or markers, to corroborate the event is not necessary.
- In a claim for SC for PTSD based on personal trauma, when neither service records nor alternative evidence are sufficient to establish the in-service personal traumatic event(s), it will be necessary to review for evidence of behavioral changes and request a medical opinion for clinical interpretation of any such evidence, as described in M21-1, Part VIII, Subpart iv, 1.E.1.d and e.
References: For more information |