Military Sexual Trauma Disability Rating: Getting to 100%

Posted by Berry Law on September 15, 2024 in Disability Ratings

Military Sexual Trauma (MST) is a deeply serious issue that affects many Veterans, leaving lasting impacts on their mental and physical health long after their service has concluded. For some Veterans, the effects of MST are so severe that they may qualify for a 100% military sexual trauma disability rating and compensation from the Department of Veterans Affairs (VA). 

At Berry Law, we know the challenges Veterans face, especially around disability claims for MST, which may include post-traumatic stress disorder (PTSD). Many of our attorneys and legal staff have served in the military and understand the challenging environment for reporting MST. This unique perspective allows our attorneys familiar with military sexual trauma claims to advocate effectively on behalf of Veterans. If you’re seeking help with your claim, a Minnesota VA Disability Attorney can assist you in navigating the complex VA benefits system and help you pursue the maximum compensation you deserve.

Air Force Veterans should understand the unique aspects of military sexual trauma, how these incidents are handled during active duty, and the process for applying for VA disability benefits related to MST.

Let’s explore the military sexual trauma disability rating topic, including how Veterans can pursue the 100% level of compensation and the broader context of MST within the VA benefits system.

 

What is Military Sexual Trauma?

Military sexual trauma refers to sexual assault or repeated, threatening sexual harassment that occurred while a Veteran was serving in the military. This definition encompasses a wide range of experiences, from unwanted sexual touching or grabbing to rape, and from threatening verbal remarks about sex to implied threats of physical harm for rejecting sexual advances. MST can affect Veterans of any gender, background, or era of service.

It’s important to note that MST is not a clinical diagnosis, but rather an experience that can lead to various mental and physical health conditions. The term is used by the VA to refer to these specific experiences during military service, recognizing their potential for long-lasting impact on a Veteran’s well-being. The VA acknowledges that many instances of MST go unreported due to various factors, including fear of retaliation, shame, or concerns about career implications.

Understanding the VA’s Military Sexual Trauma Disability Rating System for 100%

The VA uses a rating system to determine the level of compensation a Veteran receives for service-connected disabilities. These ratings range from 0% to 100%, with 100% representing the highest level of disability. For MST-related conditions, primarily Post-Traumatic Stress Disorder (PTSD), a 100% rating indicates that the condition causes total occupational and social impairment. 

To receive a 100% rating for MST-related PTSD, a Veteran must demonstrate symptoms such as:

• Gross impairment in thought processes or communication
• Persistent delusions or hallucinations
• Grossly inappropriate behavior
• Persistent danger of hurting self or others
• Intermittent inability to perform activities of daily living
• Disorientation to time or place
• Memory loss for names of close relatives, own occupation, or own name

It’s important to note that a Veteran doesn’t need to exhibit all of these symptoms to qualify for a 100% rating. The VA considers the overall impact of the condition on the Veteran’s ability to function in work and social settings.

Is MST a Presumptive Condition?

Military sexual trauma itself is not considered a presumptive condition by the VA. However, conditions resulting from MST, such as PTSD, can be service-connected if the Veteran can establish that the trauma occurred during military service. 

The VA has recognized the unique challenges in documenting MST and has implemented more relaxed evidentiary standards for MST-related claims. While MST is not presumptive, the VA’s approach to claims for military sexual trauma and disability compensation acknowledges the difficulties Veterans face in proving their experiences.

According to VA guidelines, evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in service records. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to:

• Requests for transfer to another military duty assignment
• Deterioration in work performance
• Substance abuse
• Episodes of depression, panic attacks, or anxiety without an identifiable cause
• Unexplained economic or social behavior changes

The Path to a 100% Military Sexual Trauma Disability Rating

Obtaining a 100% military sexual trauma disability rating for MST-related conditions typically involves several steps:

• Establishing Service Connection: The Veteran must prove that the MST occurred during military service and that their current condition is related to that trauma.
• Diagnosis: A qualified medical professional must diagnose the Veteran with a condition related to MST, most commonly PTSD.
• Evidence Gathering: The Veteran needs to collect evidence demonstrating the severity of their condition. This can include medical records, therapy notes, statements from family and friends, and employment records showing the impact on work performance.
• Filing a Claim: The Veteran must file a claim with the VA for disability compensation.
• C&P Exam: The VA may schedule a Compensation and Pension (C&P) exam to assess the severity of the Veteran’s condition.
• Rating Decision: Based on all available evidence, the VA will issue a rating decision.
• Appeals: If the Veteran disagrees with the rating, they can appeal the decision. 

The VA recognizes that MST can lead to various mental health conditions beyond PTSD, including depression, anxiety disorders, and substance use disorders. These conditions can also be considered in the military sexual trauma disability rating process.

Challenges in Pursuing 100% Disability for MST

Veterans seeking 100% disability for MST-related conditions often face significant challenges:

• Stigma and Shame: Many Veterans struggle with feelings of shame or stigma related to their experiences, making it difficult to come forward and seek help.
• Lack of Documentation: Due to underreporting of MST incidents, many Veterans lack official documentation of the trauma.
• Complexity of Symptoms: MST can result in a complex array of symptoms that may not fit neatly into diagnostic categories, potentially complicating the rating process.
• Time Delay: Many Veterans may not experience severe symptoms until years after the trauma, making it more challenging to establish the service connection.
• Variability in C&P Exams: The quality and thoroughness of C&P exams can vary, potentially affecting the outcome of a claim. 

These challenges underscore the importance of comprehensive evidence gathering and often necessitate the assistance of experienced advocates or attorneys.

Recent Developments in MST-Related Claims

In recent years, there have been several important developments related to MST claims:

• Improved Training: The VA has implemented enhanced training for claims processors and medical examiners to better understand the unique aspects of MST-related claims.
• Relaxed Evidence Standards: As mentioned earlier, the VA now allows for a broader range of evidence to support MST claims, recognizing the challenges in documenting these experiences.
• Increased Awareness: There has been a growing awareness of MST within the military and Veteran communities, potentially leading to improved reporting and support systems.
• Legislative Efforts: Various legislative proposals have aimed to improve the claims process for MST survivors, though not all have been enacted into law. 

These developments reflect an ongoing effort to address the unique challenges faced by MST survivors in the VA benefits system.

Experienced VA Benefits Lawyers at Berry Law Can Help

Obtaining a 100% military sexual trauma disability rating for MST-related conditions is a complex process that requires careful documentation, persistence, and often professional assistance. While MST itself is not a presumptive condition, the VA has recognized the unique challenges these cases present and has adjusted its approach accordingly. 

For Veterans struggling with severe symptoms related to MST, pursuing a 100% disability rating can provide crucial financial support and access to comprehensive VA healthcare. However, it’s important to remember that healing from MST is a journey that goes beyond disability ratings and compensation.

Veterans dealing with the effects of MST should be encouraged to seek both the benefits they’ve earned through their service and the mental health support they need to recover. With the right resources and support, recovery is possible, and many Veterans have found ways to reclaim their lives after experiencing MST.Berry Law works with Veterans from all military branches in all 50 states. Our team is available 24/7. Call our firm at 888-883-2483 for a free confidential consultation or fill out our online contact form.