CCK Wins Precedential Case That Will Help Veteran Sexual Assault Survivors
Chisholm, Chisholm & Kilpatrick recently won a precedential case before the United States Court of Appeals for the Federal Circuit in AZ v. Shinseki, 12-7046. This decision will make it easier for veteran sexual assault survivors to obtain the benefits to which they are entitled. Zach Stolz who argued the case for CCK explained, “Historically, the VA has denied thousands of sexual assault claims because the veteran failed to report the in-service sexual assault.” Both the Court and VA acknowledged that the majority of these assaults go unreported. CCK successfully argued that VA may not rely on the absence of service records documenting a sexual assault, or a veteran’s failure to report an in-service sexual assault, as evidence that the assault did not occur. The law has been changed for the benefit of those veterans.