AZ v. Shinseki – Fed. Cir. Opinion on Military Sexual Trauma
On September 30, 2013, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion on two consolidated appeals, AZ and AY v. Shinseki. A link to the opinion can be found at AZ and AY v. Shinseki.
Both cases stemmed from disability claims for post-traumatic stress disorder (PTSD) that related to sexual assaults that occurred while in the military . The...
Federal Circuit Opinion on PTSD Stressor Verification for Military Sexual Trauma
On June 7, 2013, the Court of Appeals for the Federal Circuit (Fed. Cir.) issued an opinion in Hall v. Shinseki. The issued stemmed from Mr. Hall’s Post Traumatic Stress Disorder (PTSD) claim based upon an allegation of an in-service sexual assault .
On appeal, Mr. Hall argued that 38 C.F.R. § 3.304(f)(3) (fear of hostile military or terrorist activity) should apply to claims for PTSD...