113 HR 4344 IH: Military Sexual Trauma Claims Administration Reform and Eligibility Act U.S. House of Representatives 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4344 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Ms. Titus (for herself, Ms. DeLauro, Ms. Pingree of Maine, Ms. Brown of Florida, Ms. Kuster, Ms. Brownley of California, Ms. Frankel of Florida, Mr. Lowenthal, Mr. Tonko, Mrs. Napolitano, Mr. O’Rourke, and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a presumption of service connection for mental health conditions related to military sexual trauma.

1.

Short title

This Act may be cited as the Military Sexual Trauma Claims Administration Reform and Eligibility Act.

2.

Presumption of service connection for mental health conditions related to military sexual trauma

(a)

Presumption

(1)

In general

Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section:

1119.

Presumption of service connection for mental health conditions related to military sexual trauma

(a)

In general

For purposes of section 1110 of this title, and subject to section 1113 of this title, a mental health condition of a veteran that a veteran certifies to the Secretary as being incurred in or aggravated by military sexual trauma shall be considered to have been incurred in or aggravated by the service of the veteran, notwithstanding that there is no record of evidence of such mental health condition or such military sexual trauma occurring during such service. (b)

Military sexual trauma defined

In this section, the term military sexual trauma means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment (as defined in section 1720D of this title) which occurred during a period of serving in the Armed Forces on active duty or active duty for training.

. (2)

Clerical amendment

The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: 1119. Presumption of service connection for mental health conditions related to military sexual trauma.. (b)

Presumption rebuttable

Section 1113 of title 38, United States Code, is amended by striking or 1118 each place it appears and inserting 1118, or 1119. (c)

Presumption during peacetime service

Section 1137 of title 38, United States Code, is amended by striking and 1113 and inserting 1113, and 1119.