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VA General Counsel Precedent Opinions
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PREC 8-01 Meaning of “Injury” for Purposes of Active Service – 38 U.S.C. § 101(24)

PREC 8-01    Meaning of “Injury” for Purposes of Active Service – 38 U.S.C. § 101(24)      Citation: Vet.Aff.Op.Gen.Couns.Prec. 8-01,  VAOPGCPREC 8-01, 2001  

QUESTION PRESENTED:

Whether a former member of the Naval Reserve who reports having been sexually assaulted on two occasions during inactive duty training and who alleges suffering

from resulting post-traumatic stress disorder (PTSD) may be considered to have been disabled by an injury in determining whether the member had active service for purposes of 38 U.S.C. § 101(24)?

HELD:

Under 38 U.S.C. § 101(2) and (24), inactive duty training may provide a basis for veteran status for purposes of benefits administered by the Department only if the individual incurred disability or death from an injury incurred or aggravated in line of duty. An individual who suffers from post-traumatic stress disorder as a result of a sexual assault that occurred during inactive duty training may be considered disabled by an "injury" for purposes of section 101(2) and (24).



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