How to Get VA Disability After Military Sexual Trauma

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

For Veterans who have experienced military sexual trauma (MST), the fight to regain their physical and mental health, find justice, and receive the compensation they deserve from the Department of Veterans Affairs (VA) can be a long and arduous journey. MST is a term used to describe sexual assault, sexual battery, and sexual harassment that occurred during a Veteran’s military service. 

The experience of MST can leave deep emotional and psychological scars, often leading to the development of mental health conditions such as post-traumatic stress disorder (PTSD), depression, and anxiety. These invisible wounds together with physical injuries can impact every aspect of a Veteran’s life.

Survivors face numerous challenges as they seek to heal from their trauma and navigate the complex process of filing a VA disability claim for military sexual trauma. Many may struggle with feelings of shame, guilt, and self-blame, making it difficult to come forward and share their experiences. Others may face disbelief or skepticism from those around them, including fellow service members and VA staff.

 

Building a VA Disability Claim for MST-Related Conditions

While MST itself is not a distinct disability, the VA acknowledges the potential impact of MST on a Veteran’s well-being and provides disability compensation for conditions related to the trauma.

The VA defines MST as sexual assault or harassment experienced during military service. This includes any sexual activity where a Veteran was involved against their will, such as:

• Pressure or coercion to engage in sexual activities
• Sexual touching or grabbing
• Unsolicited sexual advances or remarks
• Threats of negative treatment for refusing to engage in sexual activities 

Veterans who have experienced MST and have developed mental or physical health conditions as a result may be eligible for disability compensation. Some of the most common conditions related to MST include:

• PTSD
• Depression
• Anxiety disorders
• Substance abuse disorders
• Sexual dysfunction
• Chronic pain or other physical health problems

To file a VA disability claim for an MST-related condition, Veterans must provide evidence of three key elements:

• A current diagnosis of a mental or physical health condition
• Evidence that an MST event occurred during military service
• A link (or nexus) between the current condition and the MST event

The Disability Benefits Application Process

Veterans who have experienced military sexual trauma and are seeking disability compensation for related conditions can follow these steps to apply:

Step 1: Gather Supporting Documentation

Before beginning the application process, Veterans will need to gather any available documentation that supports their claim, such as:

• Medical records showing a diagnosis of a mental or physical health condition related to MST
• Military records documenting the reported incident(s) of MST, if available
• Statements from witnesses, friends, or family members who can attest to changes in their behavior or well-being following the MST
• Police reports or other legal documents related to the incident(s), if applicable

MST Markers as Evidence

Due to the sensitive nature of sexual trauma and the high prevalence of underreporting, many Veterans may not have direct evidence, such as military records or police reports, to support their claim. To address this issue, the VA has relaxed its evidentiary standards for MST-related claims. 

Instead of requiring direct evidence, the VA looks for “markers” or indicators that provide circumstantial evidence that the traumatic event occurred. These markers may include:

• Records from law enforcement, hospitals, or mental health counseling centers
• Statements from family members, friends, or fellow service members
• Sudden requests for transfer to another military duty assignment
• Deterioration in work performance
• Substance abuse
• Unexplained social or economic behavior changes

Step 2: Submit an Application

File a claim for disability compensation online through the VA’s eBenefits portal, by mail, or in person at the local VA regional office. Veterans will need to complete VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits.

Step 3: Attend a VA Examination

After submitting an application, the VA may schedule the Veteran for a medical examination to assess the nature and severity of their condition(s) related to MST. It is essential to attend this examination, as it provides valuable evidence for the claim.

Step 4: Wait for a Decision

The VA will review the Veteran’s application and supporting evidence to determine if they are eligible for disability compensation. This process can take several months. Veterans will receive a letter notifying them of the VA’s decision, which will include the disability rating assigned to their condition(s) and the amount of compensation they will receive.

Step 5: Appeal if Necessary

If the Veteran’s claim is denied or they disagree with the disability rating assigned, they have the right to appeal the decision. Veterans have the option of submitting a supplemental claim, a request for higher-level review, or a notice of disagreement within one year from the date of the decision letter if they disagree with the decision and wish to appeal.

VA Expanded Benefits for Sexual Assault

In 2021, Congress passed the Servicemembers and Veterans Empowerment and Support Act (H.R. 5666), which expanded health care and benefits related to sexual assault, battery, and harassment. This legislation also provided more avenues for Veterans to pursue a service connection for other specified conditions based on MST, recognizing the far-reaching impact that sexual trauma can have on a Veteran’s overall health and well-being.

Male Survivors of Military Sexual Trauma

While military sexual trauma affects service members of all genders, male survivors often face unique challenges and barriers when it comes to seeking help and support. Society’s traditional gender roles and expectations can make it particularly difficult for men to come forward and disclose their experiences of sexual assault or harassment. 

Male survivors of MST may face additional stigma and skepticism, as there is often a misconception that men cannot face sexual violence. This can lead to feelings of shame, self-doubt, and a reluctance to seek help. Male survivors may also struggle with questioning their masculinity or sexual orientation, further compounding the emotional impact of their trauma.

MST Survivors Have an Advocate at Berry Law

For Veterans who have experienced military sexual trauma, the battle for healing, justice, and compensation can be a long and difficult one. Working with an experienced Veterans law attorney can help ensure that Veterans receive the benefits they deserve for the physical and emotional injuries they have suffered. 

By seeking help and support, and by advocating for their rights, Veterans who have experienced MST can reclaim their lives and move forward with strength and resilience. Many of the attorneys at Berry Law are also Veterans. They have a unique understanding of the military culture around MST and are confident in representing MST survivors. Our law firm represents Veterans in all 50 states and is available 24/7. Call 888-883-2483 or fill out our online contact form for a free confidential consultation.