Section 1 Short title
This Act may be cited as the “Military Sexual Trauma Claims Administration Reform and Eligibility Act”.
Military Sexual Trauma Claims Administration Reform and Eligibility Act
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.
Sec. 2 Presumption of service connection for mental health conditions related to military sexual trauma
Presumption—
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.”
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:
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”.
Presumption during peacetime service— Section 1137 of title 38, United States Code, is amended by striking “and 1113” and inserting “1113, and 1119”.