How to Find the Markers the VA Missed for Military Sexual Trauma

Posted by Berry Law on August 21, 2024 in Military Sexual Assault

Military sexual trauma (MST) is a serious issue that affects many Veterans who have served in the United States Armed Forces. MST refers to sexual assault or harassment experienced during military service, regardless of gender, location, or circumstances. MST survivors are entitled to disability benefits from the Department of Veterans Affairs (VA) for illnesses related to their MST.

For many reasons, MST survivors are often reluctant to report the abuse when it happens, making it difficult to document their claims later when they file for disability benefits. To address this issue, the VA has relaxed its evidentiary standards for these claims and will accept what it calls “markers” of MST to establish a connection to service. These markers are often behaviors or actions that would be normal in other circumstances but, in context, support the fact that MST occurred. More on that below. 

These claims can be complicated, and Veterans may struggle if they feel the VA has missed markers that would support their case. An experienced military sexual trauma attorney can be a valuable advocate during this process. They are familiar with the VA claims process and provide compassionate assistance to trauma survivors as they identify and document MST markers.

 

Understanding Military Sexual Trauma (MST)

Military sexual trauma encompasses any sexual activity where a Veteran is involved against their will, including physical force, threats of negative consequences, implied promotions, or other forms of coercion. Additionally, it can include sexual harassment, such as threatening comments about your body, sexual activities, or unwanted sexual advances. 

Make no mistake, MST is not limited to female Veterans or combat situations. VA’s national screening program reveals that approximately 1 in 3 women and 1 in 50 men acknowledge experiencing MST during their service. However, these numbers likely underestimate the true prevalence due to underreporting and the challenges in recognizing MST.

Challenges in Recognizing MST

Several factors contribute to the VA’s inability to recognize MST in Veterans consistently. Many survivors face psychological and emotional barriers, such as shame, guilt, or fear of retaliation, which hinder their ability to disclose their experiences. Often, MST goes undocumented for years as a result.

Additionally, gaps in VA staff training and protocols may lead to inadequate screening and identification of MST cases. It is not unusual for Veterans to struggle to receive the acknowledgment and support they need and deserve.

Common MST Markers

Veterans and their advocates should be aware of the various indicators that may suggest the effects of military sexual trauma, even if not explicitly documented in VA records. Here is a list of common markers that the VA considers when evaluating military sexual trauma disability claims:

Changes in Work Performance

• Decline in job performance
• Disciplinary actions
• Transfers or requests for transfers to different units

Social or Behavioral Changes

• Withdrawal from friends and social activities
• Unexplained changes in mood or behavior
• Episodes of anxiety, depression, or panic attacks

Physical Health Issues

• Unexplained chronic pain
• Frequent medical visits for conditions like headaches, stomach problems, or gynecological issues
• Changes in physical health that align with stress or trauma

Mental Health Symptoms

• Diagnoses of PTSD, anxiety disorders, or depression
• Sleep disturbances, including insomnia and nightmares
• Substance abuse or dependence

Requests for Transfer

• Requests to be transferred to another duty assignment
• Sudden change in duty station without a clear explanation

Relationship Problems

• Difficulties in relationships with family, friends, or colleagues
• Marital problems or divorces
• Evidence of conflicts with peers or superiors

Sexual Health Concerns

• Reports of sexual dysfunction
• Unexplained sexually transmitted infections (STIs)
• Evidence of frequent visits to medical or gynecological clinics

Documentation and Reports

• Records of reports to military authorities, even if no formal action was taken
• Entries in personal journals or letters to family and friends documenting the incident
• Testimonies from fellow service members or confidants

Behavioral Evidence

• Self-harm or suicidal behavior
• Increased use of sick leave without a clear medical reason
• Evidence of avoidance behavior, such as avoiding places, people, or situations that trigger memories of the trauma

Official Reports and Statements

• Reports or statements to military police, commanders, or other military authorities
• Entries in military service records indicating stress or trauma
• Statements from healthcare professionals or counselors who were aware of the incident 

These markers help the VA establish a connection between the MST and the Veteran’s current disability. Veterans are encouraged to provide as much evidence and documentation as possible to support their claims.

Reasons MST Markers May Be Overlooked

There are several reasons MST markers may be overlooked during the VA disability benefits claims process. Some of the most common are:

• Inadequate screening: If VA staff are not properly trained or fail to follow appropriate protocols, they may not ask the right questions or recognize potential indicators of MST during evaluations.
• Misdiagnosis: MST symptoms can be misdiagnosed as other mental health conditions, such as depression or anxiety, leading to a failure to identify the underlying trauma.
• Incomplete records: If a Veteran’s military or medical records are incomplete or missing crucial information, it can be difficult to establish a connection between their current symptoms and the MST experience.
• Delayed onset of symptoms: In some cases, the psychological impact of MST may not manifest until years after the incident, making it harder to link the symptoms to the trauma.

Steps to Take if it Appears Markers Were Missed

If a Veteran suspects that the VA missed markers of their MST, they should take proactive steps to address the issue. The first step is to request a copy of their VA records to review for any overlooked indicators. Consulting with an experienced VA disability benefits attorney can provide valuable guidance and support throughout the process. 

Veterans should gather and submit any additional evidence that may strengthen their case, such as personal documentation, witness testimonies, or relevant medical records. If a claim is denied, Veterans have the right to appeal the decision and present further evidence.

How A Lawyer Can Help

Seeking the assistance of a lawyer with focused experience in Veterans’ affairs can significantly improve a Veteran’s chances of obtaining the benefits they deserve for MST. A lawyer skilled at navigating the MST claims process knows where to look for missing information to support the Veteran’s claim.

Berry Law Can Help Find Missing MST Markers to Support a Claim

Veterans who experienced military sexual trauma and believe that the VA may have missed important markers in their case should seek the assistance of a law firm that understands both the VA claims system and the unique challenges faced by MST survivors within the military culture. 

Berry Law is a firm well-equipped to help Veterans navigate the complexities of filing an MST claim. Its team of lawyers, many of whom are Veterans themselves, uniquely understand the military environment and the barriers that may prevent survivors from reporting their abuse. This firsthand knowledge, combined with their extensive experience in handling VA claims, positions them to provide the compassionate and effective advocacy that Veterans deserve. 

Veterans should not let missed MST markers prevent them from receiving the recognition and assistance they deserve. Call 888-883-2483 or fill out our online contact form for a free, confidential consultation. Berry Law represents Veterans in all 50 states and is available 24/7.