Military Sexual Trauma & VA Disability Eligibility
By Jessica M. Friedman of Friedman Law Firm, P.C.
Tuesday, September 20, 2022
What is MST?
When the perpetrator is a peer or team member in the same service area, there is a reasonable chance they have influence or control over the victim’s service, career, and promotions. They might even occupy the same barracks as the victim. The fear, worry, and helplessness you feel might be heightened in such circumstances, especially when you are concerned it could happen again. When this has happened enough times, your brain develops a habitual response that will not necessarily go away once the perpetrator is no longer a present threat. This is no different from the haunting neural links created when under fire, during hours of artillery shelling, or other events that traumatize us when we are faced with direct and horrifying violence.
MST and VA Disability
PTSD
Anxiety disorders
Panic attacks
Substance abuse
Depression
Because the most common diagnosis associated with MST is PTSD, the majority are handled as PTSD claims.
How do I prove MST to the VA?
The burden of proof is a common concern among those seeking VA benefits for MST. While the VA offers treatment free of charge, getting disability compensation requires proving a service-connected disability. To prove a claim for MST, you need medical evidence diagnosing the condition, credible evidence that the event occurred, and a "nexus" or connection between the two. Although there may not be direct evidence of the incident, there are other ways to prove that something happened, such as a request for transfer, change in behavior, or "buddy statements" from family, friends, or those you served with.
The most important thing to keep in mind when it comes to the evidence is that while it was once required to submit the evidence you have readily available, this is no longer the case. The VA has come to understand that corroborating evidence is typically unavailable and will now accept a professional medical opinion that your current diagnosis is related to MST as evidence of a service connection. Due to the difficulty of corroborating MST claims, the VA relaxed evidentiary standards in 2012. This resulted in a 20% increase in successful MST-related disability claims. For all these reasons and more, it is critical that your anxiety surrounding the matter of proof does not stand in your way of seeking benefits or other help from the VA.
Don't Be Afraid
You've probably had to live with your fear long enough. Many of the common reasons victims of MST do not apply for VA benefits aren't the obstacles they seem to be.
Does it matter when or where it happened?
It doesn't matter if you were on- or off-duty, on- or off-base when it occurred; it doesn't even matter whether you were active duty at the time of the incident.
What matters is that you were a victim of a traumatic event against your will.
Does the identity of the harasser matter?
The identity of the harasser will not have any impact on your VA disability claim, nor will you have to confront them. It doesn't matter whether they were an active duty soldier or a civilian completely unrelated to the military.
What matters is that you were a victim of a traumatic event against your will.
What if I didn't report it at the time?
The opinion of a medical professional will likely be the driving force behind your claim. Mental health experts and medical professionals know that it can take years, even decades, for symptoms of PTSD to make themselves apparent. The old adage that time alone heals all wounds does not apply so readily to trauma, which often has the opposite effect. The extent to which symptoms disrupt a veteran's basic functioning is likely to worsen without treatment and support.
What matters is that you were a victim of a traumatic event against your will.
As we wrote at the start, retaliation or even a lack of support from the organization tasked with protecting you can be even more traumatizing than the MST experience itself. Those who have experienced it, or feared it for long enough, might feel the VA will not be on their side. This is not the case.
The best reason for coming forward is opening the door to the benefits and resources for those who report MST. Moreover, it can introduce you to the community of survivors that will support you on your journey to healing.
Sexual violence is among the most traumatic experiences a person can endure. For these reasons, it is essential to get the help you deserve. To receive free treatment for MST, you do not need to be service connected for a resulting medical condition, nor do you need proof of the incident. At the bottom of the page, we've included a list of resources from the VA and beyond, including healthcare services, emotional support, and information for survivors of MST.
Get Help With Your VA Claim for MST
We have experience helping people with MST claims and we understand. If you have a condition resulting from MST (depression, anxiety, PTSD, among others) and would like help filing or appealing a VA claim, please give us a call at 205-879-3033. Below, we've shared a list of resources intended for victims of MST.
Resources For Victims Of MST
Our blog post covering Military Sexual Trauma: Evidence and Disability Ratings
VA Fact Sheet: Disability Compensation for Conditions Related to MST
MakeTheConnection.net is a website where veterans share stories of overcoming mental health challenges, including those related to MST.
Protect Our Defenders is a national organization dedicated to ending the epidemic of sexual violence in the military.