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(d) Definitions
In this section, the terms covered mental health condition and military sexual trauma have the meanings given those terms in section 1166A(i) of this title.
1166A. Evaluation of claims involving military sexual trauma
(a) In general
(1) In the case of any veteran who claims that a covered mental health condition based on military sexual trauma was incurred in or aggravated by active military, naval, air, or space service, the Secretary shall consider the following:(A) A diagnosis of such mental health condition by a mental health professional.(B) A link, established by medical evidence, between current symptoms and a military sexual trauma.(C) Credible corroborating evidence, in accordance with subsections (b) and (c), that the claimed military sexual trauma occurred.(2) The reasons for granting or denying service-connection in each case described in paragraph (1) shall be recorded in full.(b) Nonmilitary sources of evidence
(1) For purposes of subsection (a), evidence from sources other than official records of the Department of Defense regarding the veteran's active military, naval, air, or space service may corroborate the veteran's account of the trauma.(2) Examples of evidence described in paragraph (1) include the following:(A) Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians.(B) Pregnancy tests and tests for sexually transmitted diseases.(C) Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy.(c) Evidence of behavior changes
(1) For purposes of subsection (a), evidence of a behavior change following military sexual trauma is one type of relevant evidence that may be found in sources described in such subsection.(2) Examples of behavior changes that may be relevant evidence of military sexual trauma include the following:(A) A request for a transfer to another military duty assignment.(B) Deterioration in work performance.(C) Substance abuse or substance use disorder.(D) Episodes of depression, panic attacks, or anxiety without an identifiable cause.(E) Unexplained economic or social behavior changes.(d) Notice and opportunity To supply evidence
The Secretary may not deny a claim of a veteran for compensation under this chapter for a covered mental health condition that is based on military sexual trauma without first—(1) advising the veteran that evidence described in subsections (b) and (c) may constitute credible corroborating evidence of the military sexual trauma; and(2) allowing the veteran an opportunity to furnish such corroborating evidence or advise the Secretary of potential sources of such evidence.(e) Review of evidence
In reviewing a claim for compensation described in subsection (a)(1), for any evidence identified as part of such claim that is described in subsection (b) or (c), the Secretary shall submit such evidence to such medical or mental health professional as the Secretary considers appropriate, including clinical and counseling experts employed by the Department, to obtain an opinion as to whether the evidence indicates that a military sexual trauma occurred.(f) Point of contact
The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation described in subsection (a)(1) includes contact information for an appropriate point of contact with the Department.(g) Specialized teams
The Secretary shall ensure that all claims for compensation described in subsection (a)(1) are reviewed and processed by a specialized team established under section 1166 of this title.(h) Rule of construction regarding application to nonsexual personal assault
The Secretary shall not construe this section as supplanting the standard of proof or evidence required for claims for post-traumatic stress disorder based on nonsexual personal assault, which the Secretary shall continue to define in regulation.(i) Definitions
In this section:(1) The term covered mental health condition means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis that the Secretary determines to be related to military sexual trauma and which may be service-connected under section 1110 of this title.(2) The term mental health professional means a provider in the field of mental health who meets the credential, licensure, education, and training requirements established by the Secretary.(3) The term military sexual trauma means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the active military, naval, air, or space service.
1166A. Evaluation of claims involving military sexual trauma.
(c) Choice of examination location
The Secretary shall ensure that a veteran who requires a medical examination in support of a claim described in subsection (a) may request that the medical examination take place at a medical facility of the Department by a qualified employee of the Department rather than at a location designated by a contractor of the Department that performs such examinations on behalf of the Department.
1165. Choice of sex of medical examiner and location of medical examination for certain disabilities.
(c) Written communications to individuals who have experienced military sexual trauma
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Benefits Administration.(ii) The military sexual trauma coordinator of the Veterans Health Administration.(iii) The Veterans Crisis Line.(iv) The facility of the Veterans Health Administration closest to where the individual resides.(v) The Vet Center closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Vet Center described in subparagraph (A)(v).(2) In this subsection:(A) The term individual who has experienced military sexual trauma means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term military sexual trauma has the meaning given that term in section 1166A(i) of this title.(C) The term Vet Center has the meaning given that term in section 1712A(h) of this title.(D) The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Health Administration.(ii) The Veterans Crisis Line.(iii) The facility of the Veterans Health Administration closest to where the individual resides.(iv) The Vet Center closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Vet Center described in subparagraph (A)(iv).(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—(A) the contact information described in paragraph (1); and(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.(3) In this subsection:(A) The term individual who has experienced military sexual trauma means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term military sexual trauma has the meaning given that term in section 1166A(i) of this title.(C) The term Vet Center has the meaning given that term in section 1712A(h) of this title.(D) The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.(e)
(f) Written communications to individuals who have experienced military sexual trauma
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Health Administration.(ii) The Veterans Crisis Line.(iii) The facility of the Veterans Health Administration closest to where the individual resides.(iv) The Vet Center closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Vet Center described in subparagraph (A)(iv).(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—(A) the contact information described in paragraph (1); and(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.(3) In this subsection:(A) The term individual who has experienced military sexual trauma means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term military sexual trauma has the meaning given that term in section 1166A(i) of this title.(C) The term Vet Center has the meaning given that term in section 1712A(h) of this title.(D) The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma include each of the following:(A) Contact information for each of the following:(i) The military sexual trauma coordinator of the Veterans Health Administration.(ii) The Veterans Crisis Line.(iii) The facility of the Veterans Health Administration closest to where the individual resides.(iv) The Vet Center closest to where the individual resides.(B) Information on the eligibility of the individual for services provided through the Vet Center described in subparagraph (A)(iv).(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—(A) the contact information described in paragraph (1); and(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.(3) In this subsection:(A) The term individual who has experienced military sexual trauma means—(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.(B) The term military sexual trauma has the meaning given that term in section 1166A(i) of this title.(C) The term Vet Center has the meaning given that term in section 1712A(h) of this title.(D) The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.(g)
(I) The findings of the most recent special focus review conducted under subsection (a)(1) of section 207 of the Servicemembers and Veterans Empowerment and Support Act of 2025, including—(i) the elements under subsection (a)(2) of such section;(ii) the number of claims returned for reprocessing under subsection (b) of such section; and(iii) the number of claims described in clause (ii) for which the decision relating to service-connection or entitlement to compensation changed as a result of reprocessing the claim.
(f) In this section:(1) The term former member of the Armed Forces means a person who served on active duty, active duty for training, or inactive duty training, and who was discharged or released therefrom under any condition that is not—(A) a discharge by court-martial, unless the Secretary determines an exception to the bar to benefits applies; or(B) a discharge subject to a bar to benefits under section 5303 of this title.(2) The term military sexual trauma means, with respect to a member of the Armed Forces or former member of the Armed Forces, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the member or former member was serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10).(3) The term sexual harassment means unsolicited verbal or physical contact of a sexual nature which is threatening in character.