[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Introduced in Senate (IS)]

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.

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

SECTION 1. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-TRAUMATIC 
              STRESS DISORDER AND MENTAL HEALTH CONDITIONS RELATED TO 
              MILITARY SEXUAL TRAUMA.

    (a) Standard of Proof.--Section 1154 of title 38, United States 
Code, is amended by adding at the end the following new subsections:
    ``(c)(1) The Secretary shall accept as sufficient proof of service-
connection of post-traumatic stress disorder alleged to have been 
incurred in or aggravated by service in the active military, naval, or 
air service a diagnosis of post-traumatic stress disorder by a mental 
health professional together with written testimony by the veteran of 
such incurrence or aggravation and a written determination by the 
professional that such disorder is related to the veteran's service, if 
consistent with the circumstances, conditions, or hardships of such 
service, notwithstanding the fact that there is no official record of 
such incurrence or aggravation in such service, and, to that end, shall 
resolve every reasonable doubt in favor of the veteran.
    ``(2) Service-connection of post-traumatic stress disorder may be 
rebutted by clear and convincing evidence to the contrary. In the case 
of such a rebuttal, the Secretary shall make all documents related to 
the service-connection of the veteran's disability available to the 
veteran.
    ``(d)(1) The Secretary shall accept as sufficient proof of service-
connection of covered mental health conditions alleged to have been 
incurred or aggravated by military sexual trauma experienced during 
service in the active military, naval, or air service a diagnosis of 
such mental health condition by a mental health professional together 
with written testimony by the veteran of such trauma alleged to have 
been incurred during the veteran's service and a written determination 
by the professional that such mental health condition is related to 
such trauma, if consistent with the circumstances, conditions, or 
hardships of such service, notwithstanding the fact that there is no 
official record of the incurrence of such trauma in such service, and, 
to that end, shall resolve every reasonable doubt in favor of the 
veteran.
    ``(2) Service-connection of covered mental health conditions under 
this subsection may be rebutted by clear and convincing evidence to the 
contrary. In the case of such a rebuttal, the Secretary shall make all 
documents related to the service-connection of the veteran's disability 
available to the veteran.
    ``(3) In this subsection:
            ``(A) The term `covered mental health conditions' means 
        post-traumatic stress disorder, anxiety, depression, or other 
        mental health conditions that the Secretary determines to be 
        related to military sexual trauma.
            ``(B) 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 which occurred while the veteran was serving on 
        active duty or active duty for training.''.
    (b) Effective Date.--Subsections (c) and (d) of section 1154 of 
title 38, United States Code, as added by subsection (a), shall apply 
with respect to any claim for disability compensation under laws 
administered by the Secretary of Veterans Affairs for which no final 
decision has been made before the date of the enactment of this Act.
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