AZ v. Shinseki
United States Court of Appeals for the Federal Circuit
731 F.3d 1303 (2013)

- Written by Sean Carroll, JD
Facts
AZ and AY (plaintiffs) were veterans. AZ and AY filed claims with the Department of Veterans Affairs (department) (defendant), seeking compensation for posttraumatic stress disorder (PTSD) on the ground that they were sexually assaulted while in service. AZ and AY had not reported the alleged assaults to military personnel when they occurred. The Board of Veterans’ Claims and the Court of Appeals for Veterans Claims rejected AZ and AY’s claims, ruling that the absence of any reported sexual assault in AZ and AY’s service records was admissible evidence that the assaults did not occur. AZ and AY appealed in federal court. The department acknowledged that most in-service sexual assaults were not reported.
Rule of Law
Issue
Holding and Reasoning (Dyk, J.)
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