Military Sexual Trauma: A Guide to Seeking Legal Aid

Military sexual trauma (MST) is a serious issue affecting both male and female service members. The Department of Veterans Affairs (VA) defines MST as sexual assault or harassment experienced during military service. The good news is that the Department of Defense (DOD) reported nearly 7,000 fewer service members experienced sexual assault in 2023 compared to 2021, according to the Fiscal Year 2023 Annual Report on Sexual Assault in the Military.

However, MST remains a significant problem, and survivors often face challenges when seeking VA disability compensation. This guide aims to provide information and resources for MST survivors seeking legal aid. Military sexual trauma attorneys can offer the specialized legal assistance needed to help survivors navigate the VA claims process.

Military Sexual Trauma A Guide to Seeking Legal Aid

What is Military Sexual Trauma?

The VA recognizes that MST can include a range of behaviors, such as:

Sexual assault: Any unwanted, forced, or coerced sexual activity.
Sexual harassment: Unwanted or repeated sexual advances, comments, or gestures that create a hostile environment.

MST can occur during peacetime, training, or deployment and can have severe long-term physical and psychological effects on survivors.

How Often Does Military Sexual Trauma Occur?

According to the DOD Fiscal Year 2023 Annual Report on Sexual Assault in the Military:

Rates of unwanted sexual contact affecting active-duty women decreased from 8.4% in 2021 to 6.8% in 2023.
Rates of unwanted sexual contact affecting active-duty men appeared to decrease from 1.5% in 2021 to 1.3% in 2023, but the change was not statistically significant.

Despite these decreases, MST remains a significant issue affecting service members.

The Role of Military Leadership in Addressing MST

Military leadership plays a pivotal role in addressing the issue of military sexual trauma and creating a culture that does not tolerate sexual harassment or assault. In recent years, the Department of Defense has taken significant steps to combat MST and support survivors.

In 2021, Secretary of Defense Lloyd J. Austin III launched the Independent Review Commission on Sexual Assault in the Military to study the issue and provide recommendations for reducing instances of unwanted sexual contact.

The commission made 82 recommendations focused on accountability, prevention, climate and culture, and care and support. Secretary Austin approved these recommendations and directed the department to implement them by fiscal year 2030.

Military leadership must continue to prioritize these recommendations and foster a culture of respect, dignity, and safety for all service members. This includes:

Providing comprehensive training on the prevention of sexual harassment and assault.
Ensuring that all reports of MST are taken seriously and thoroughly investigated.
Holding perpetrators accountable for their actions through the military justice system.
Supporting survivors by providing access to medical care, mental health services, and legal assistance.
Regularly assessing and addressing issues related to command climate and culture.

Addressing MST is a critical component of military readiness and effectiveness. By taking a strong stance against sexual harassment and assault, military leaders can create a safer and more supportive environment for all service members, ultimately strengthening the U.S. military.

How the VA Handles MST-Related Disability Claims

According to the VA, the number of Veterans receiving disability compensation benefits related to military sexual trauma (MST) has seen a significant increase in recent years. In fiscal year 2023, approximately 128,000 Veterans were granted VA disability benefits connected to MST, marking a two-fold rise since 2019.

The VA also noted that the approval rate for MST-related claims filed in the previous year surpassed 60%, a notable improvement from the 40% approval rate observed a decade earlier. Data from 2021 reveals that the grant rate for MST-related conditions reached 72%, demonstrating a steady increase from 50% in 2015 and 68% in 2020.

As of April 30, 2021, 88,875 Veterans had been service-connected for MST-related post-traumatic stress disorder (PTSD), with 67% of these individuals receiving a disability rating of 70% or higher.

The Veterans Benefits Administration (VBA) has reported a 22-percentage-point increase in grant rates for PTSD claims related to sexual trauma since 2015, indicating a growing recognition of the long-term impact of MST on Veterans’ mental health and well-being.

MST Markers

The VA acknowledges the difficulties in processing these claims due to the sensitive nature of MST stressors and the fact that many sexual assaults go unreported when they occur, resulting in a lack of available evidence. When reviewing MST-related disability claims, the VA is required to look for markers or subtle evidence that sexual trauma occurred during service. This evidence may include:

Requests for transfer to another military duty assignment.
Deterioration in work performance.
Substance abuse.
Unexplained behavioral changes.
Medical tests for sexually transmitted diseases.
Statements from family members or friends.

The Effects of Military Sexual Trauma

MST can lead to severe mental health issues, homelessness, substance abuse, and suicide. Male MST survivors are four times more likely to have attempted suicide than Veterans with PTSD who are not MST survivors. Survivors may also experience difficulties in their personal and professional lives.

Long-Term Impact of MST on Survivors

The trauma experienced during MST can lead to a range of psychological and emotional challenges that may persist long after the incident occurred.

One of the most common long-term effects of MST is PTSD. Survivors may experience intrusive memories, nightmares, flashbacks, and intense distress when reminded of the trauma. They may also exhibit avoidance behaviors, such as avoiding people, places, or situations that trigger memories of the MST. PTSD can significantly impact a survivor’s daily functioning and lead to feelings of isolation and detachment.

Depression is another common long-term effect of MST. Survivors may experience persistent feelings of sadness, hopelessness, and worthlessness. They may lose interest in activities they once enjoyed and struggle with motivation and energy levels. In severe cases, depression can lead to suicidal thoughts or attempts. Male MST survivors are four times more likely to have attempted suicide than Veterans with PTSD who are not MST survivors.

MST can have a profound impact on survivors’ relationships. Survivors may experience difficulties with trust, intimacy, and communication, which can strain their relationships with partners, family members, and friends. Some survivors may struggle with sexual dysfunction or avoid sexual contact altogether due to the trauma they experienced.

Other potential long-term effects of MST include:

Anxiety disorders
Substance abuse
Eating disorders
Chronic pain
Sleep disturbances
Difficulty maintaining employment

Common Misconceptions About MST

There are several misconceptions surrounding military sexual trauma that can prevent survivors from seeking help or reporting the incident. One common misconception is that MST only affects women. However, both men and women can experience MST, and it is estimated that 1.3% of active-duty men experienced unwanted sexual contact in 2023.

Another misconception is that MST only occurs in combat situations. In reality, MST can happen during peacetime, training, or deployment. MST is never the survivor’s fault, and they should not feel ashamed or guilty about what happened to them.

However, many survivors hesitate to report the incident due to various reasons, such as fear of retaliation, not being believed, or shame. Some survivors may worry about the impact reporting could have on their military careers or personal relationships. Others may feel they are to blame for what happened or that reporting will not make a difference.

Seeking Treatment and VA Disability Compensation

Military sexual trauma survivors are encouraged to seek treatment through the VA, even if they are not service-connected for compensation purposes. Treatment can help address the potentially serious aftermath of MST.

When filing a claim with the VA, survivors are taking a stand against injustice and deserve compensation for their injuries.

How a Military Sexual Trauma Lawyer Can Help

An experienced MST lawyer can assist survivors in navigating the VA disability claim process and ensure that the VA properly reviews their claims. A lawyer can help:

Gather evidence to support the MST-related disability claim.
Ensure the VA follows the appropriate procedures when reviewing the claim.
Appeal denied claims and fight for the compensation the survivor deserves.

MST survivors are strong individuals who have endured a traumatic experience. Seeking legal aid is a step toward finding justice, holding wrongdoers accountable, and preventing future abuse. By exposing MST and pursuing VA disability compensation, survivors can protect others and access the support they need to heal.

Seeking Justice: Contact a Compassionate MST Attorney

Military sexual trauma MST is a deeply personal and sensitive issue that can have long-lasting effects on a Veteran’s mental health and overall well-being. Those who have experienced MST deserve to seek the VA disability benefits they are entitled to for their related disabilities. However, the process of filing a claim and navigating the VA system can be overwhelming and emotionally taxing.

At Berry Law, we understand the unique challenges faced by MST survivors and provide compassionate legal advocacy to help them secure the benefits they deserve. Our team of experienced attorneys, many of whom are Veterans themselves, understand the obstacles that can arise when reporting sexual assault or harassment in the military.

By scheduling a confidential consultation with one of our skilled VA disability benefits attorneys, MST survivors can begin to explore their legal options and develop a plan of action. We understand that discussing these experiences can be difficult, and we prioritize creating a comfortable, judgment-free space for our clients.

Together, we can work towards securing VA disability benefits. Call 888-883-2483 or fill out our online contact form for a confidential consultation. Our law firm represents Veterans in all 50 states and is available 24/7.

Military Sexual Trauma