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PTSD and MSD: What is the VA Disability Rating for PTSD and Military Sexual Trauma?

PTSD and MSD: What is the VA Disability Rating for PTSD and Military Sexual Trauma?

Post-Traumatic Stress Disorder (PTSD) and Military Sexual Trauma (MST) are serious issues that affect many Veterans. These conditions can have profound impacts on a Veteran’s life long after their military service has ended. 

Veterans with PTSD and/or who have suffered MST may qualify for disability benefits from the Department of Veterans Affairs (VA), particularly for PTSD resulting from Military Sexual Trauma. Understanding the VA disability claims process and rating system is crucial for Veterans to explore their options.

At Berry Law, we understand the challenges Veterans face, as many of our attorneys have served in the military themselves. This unique perspective allows our PTSD lawyers to advocate effectively for Veterans seeking the benefits they deserve.

 

Understanding PTSD and MST

Post-Traumatic Stress Disorder is a mental health condition that can develop after experiencing or witnessing a traumatic event. For Veterans, this could be related to combat, accidents, or other stressful situations encountered during military service. Symptoms of PTSD may include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the event. 

Military Sexual Trauma refers to sexual assault or repeated, threatening sexual harassment that occurred during a Veteran’s military service. MST can affect both men and women and can lead to the development of PTSD as well as other mental and physical health issues. 

It’s important to note that PTSD from MST is a specific subset of PTSD that the VA recognizes as potentially service-connected. This recognition is crucial for Veterans seeking disability benefits related to their experiences.

Qualifying for VA Disability Benefits for PTSD and MST

Veterans who have PTSD, including PTSD resulting from MST, may qualify for VA disability benefits. The key factor in determining eligibility is establishing that the condition is service-connected, meaning it was caused or aggravated by military service.

For PTSD claims in general, Veterans typically need to provide:

  • A current diagnosis of PTSD
  • Evidence of an in-service stressor
  • A medical opinion linking the current PTSD to the in-service stressor 

However, the VA has recognized that cases involving PTSD and MST can be particularly challenging to document, as many incidents go unreported. As a result, the VA has relaxed its evidence requirements for MST-related PTSD claims. 

For MST-related PTSD claims, the VA allows for a broader range of evidence to support the occurrence of the traumatic event. This can include:

  • Records from law enforcement authorities, rape crisis centers, mental health counseling centers, or hospitals
  • Pregnancy tests or tests for sexually transmitted diseases
  • Statements from family members, roommates, fellow service members, or clergy
  • Request 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 VA’s more flexible approach to MST-related PTSD claims reflects an understanding of the unique challenges these cases present. However, it’s still important for Veterans to provide as much evidence as possible to support their claim.

How Does the VA Disability Rating System Apply to PTSD Claims?

Once a Veteran’s PTSD and MST-related condition is determined to be service-connected, the VA assigns a disability rating. This rating represents the severity of the condition and its impact on the Veteran’s ability to function in work and social settings.

For PTSD, including PTSD resulting from MST, the VA uses the following rating scale:

  • 0%: A diagnosis exists, but symptoms are not severe enough to interfere with work or social functioning or to require continuous medication
  • 10%: Symptoms are controlled by continuous medication
  • 30%: Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks
  • 50%: Occupational and social impairment with reduced reliability and productivity
  • 70%: Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood
  • 100%: Total occupational and social impairment 

It’s important to note that these ratings are based on the overall impact of the condition on the Veteran’s life, not just the presence of specific symptoms. When assigning a rating, the VA will consider all evidence, including medical records, lay statements, and the Veteran’s testimony.

Filing a claim for VA disability benefits for PTSD and MST-related conditions involves several steps. Veterans should consider consulting a VA disability benefits attorney with focused experience in PTSD and MST claims before beginning this process. Lawyers who are familiar with these claims can be valuable advocates.

  • Gathering Evidence: Collect all relevant medical records, service records, and any other documentation that supports a claim. For MST-related claims, remember that a wider range of evidence is acceptable.
  • Filing the Claim: Submit VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. This can be done online, by mail, or in person at a VA regional office.
  • VA Review: The VA will review a claim and may schedule a Compensation and Pension (C&P) exam. This exam is conducted by a VA healthcare provider or a VA-contracted provider to assess the severity of the condition.
  • Decision: The VA will decide on a claim, assigning a disability rating if a service connection is established.
  • Appeal (if necessary): Veterans who disagree with the VA’s decision can have the right to appeal. This can involve requesting a higher-level review, filing a supplemental claim with new evidence, or appealing to the Board of Veterans’ Appeals.

While the VA has made efforts to improve the claims process for PTSD and MST-related conditions, Veterans may still face challenges in pursuing their claims:

  • Stigma: Many Veterans, particularly those who have experienced MST, may feel reluctant to come forward due to stigma or shame associated with their experiences.
  • Lack of Documentation: Especially in MST cases, there may be little or no official documentation of the traumatic event.
  • Delayed Onset: PTSD symptoms may not appear until years after the traumatic event, making it more difficult to establish the service connection.
  • Comorbid Conditions: PTSD and MST can often lead to other mental health issues or substance abuse problems, which can complicate the claims process.
  • 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 seeking support and guidance when pursuing a VA disability claim for PTSD or MST-related conditions.

The Importance of Seeking Help

It’s crucial for Veterans experiencing symptoms of PTSD or struggling with the aftermath of MST to seek help, regardless of whether they’re pursuing a VA disability claim. The VA offers several resources for Veterans dealing with these issues:

  • VA Medical Centers and Outpatient Clinics provide mental health services
  • Vet Centers offer counseling, outreach, and referral services
  • The Veterans Crisis Line (1-800-273-8255) provides 24/7 support 

Additionally, many Veterans find peer support groups helpful in their recovery process. Organizations like the Wounded Warrior Project and local Veterans’ groups can provide valuable connections and resources.

How Berry Law Can Help

At Berry Law, we understand the complexities of VA disability claims for PTSD and MST-related conditions. Our team of attorneys, many of whom are Veterans themselves, is committed to helping fellow Veterans navigate the claims process and obtain the benefits they deserve. We can assist with:

  • Gathering and organizing evidence to support a claim
  • Preparing and filing a initial claim
  • Appealing unfavorable decisions
  • Representing clients before the Board of Veterans’ Appeals if necessary 

Our experience with these types of claims allows us to anticipate potential challenges and develop effective strategies to overcome them. We’re dedicated to supporting Veterans throughout the entire process, from initial claim to final resolution.

Contact Berry Law for Help with a PTSD and Military Sexual Trauma Claim

PTSD and Military Sexual Trauma are serious issues that can have long-lasting impacts on Veterans’ lives. The VA disability benefits system recognizes these conditions and provides a pathway for affected Veterans to receive compensation and support. While the claims process can be complex, especially for MST-related PTSD, it’s important for Veterans to know that help is available.

Veterans who are considering filing a claim, need assistance with an appeal or simply want to understand their options better should reach out for support. At Berry Law, we’re committed to serving those who have served our country, ensuring that Veterans receive the care, respect, and benefits they’ve earned through their sacrifice and service.Remember, seeking help is a sign of strength, not weakness. The service and well-being of Veterans struggling with PTSD or the effects of MST matter, and support is available to help them on their journey to recovery. 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.

Berry Law

The attorneys at Berry Law are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.

This material is for informational purposes only. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this blog are not a substitute for legal counsel.

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