United States Federal Circuit

38 C.F.R. section 3.304, providing that evidence other than veteran service records may be sufficient to establish a stressor in claims for service connection of post-traumatic stress disorder resulting from personal assault, is valid because it is not arbitrary, capricious, or contrary to law.

Appellate Information

• Decided 05/14/2003
• Published 05/14/2003

Judges

• GAJARSA, Circuit Judge., Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, KS, argued for petitioner.


• For Appellees:
  
• Brian Owsley, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   On the brief were David M. Cohen, Director;  Bryant G. Snee, Assistant Director;  and R. Alan Miller, Attorney.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.