Military sexual trauma (MST) is a serious and disturbing issue in the U.S. armed forces, affecting numerous service members of all genders and across all branches. According to USNI News, one in ten female sailors and 2.1 percent of male sailors experienced unwanted sexual contact in one recent fiscal year, according to Department of Defense sexual assault reports. The Marine Corp. had higher rates of women experiencing unwanted sexual contact, accounting for 13.4 percent of women in this branch. Overall, 8.4 percent of female service members and 1.5 percent of male service members experienced unwanted sexual contact that year.
The Department of Defense report that USNI News references shows that sexual assault cases are up, reports are down, and trust in the military’s ability to resolve the issue is at an all-time low. Many of our country’s heroes have experienced traumatizing sexual experiences that continue to affect their lives today. MST encompasses experiences of sexual harassment or assault during military service and can leave lasting mental and physical impacts.
Recognizing the gravity of this issue, the VA has taken significant steps in recent years to improve how it handles MST-related disability claims. The Veterans Benefits Administration (VBA) has reported a marked increase in approval rates for post-traumatic stress disorder (PTSD) claims involving a nexus (link) to MST.
If you experienced MST, you have the right to file a VA disability claim to seek compensation for physical and mental health conditions related to MST conditions, such as PTSD, depression, or anxiety. Whether this is your first time filing a claim or you are appealing a previous denial, you now have a much better chance of securing the benefits you need.
The VA has improved its training and review processes to ensure only experienced and compassionate staff handle MST claims. The VA encourages all veterans who have experienced MST to come forward and file a claim, and if their previous claims resulted in denials, they should request decision reviews.
Possible VA Disability Compensation
MST-related VA disability compensation awards are based on the disability rating you receive, taken together with your marital and family status. The VA assigns a disability rating between 0 and 100 percent, depending on the severity of your condition. The most common condition related to MST is PTSD, which the VA rates according to specific symptoms and how they affect your daily life.
Once the VA assigns your disability rating, it calculates your monthly VA disability benefits based on this rating and your family situation. For example, a veteran with a 30 percent disability rating and no dependents currently receives $524.31 per month. However, if you have a spouse or children, your compensation increases accordingly. The disability compensation rates also adjust annually to account for changes in the cost of living, so your benefits maintain their value over time.
What Evidence Do I Need to Prove Military Sexual Trauma?
You will need to provide various types of evidence to prove MST and support your VA disability claim. The strongest evidence for MST-related claims includes service treatment records (STR) or military personnel records (MPR) that document the MST, as well as Department of Defense (DOD) reporting forms or investigative reports related to the incident. The VA also accepts direct and indirect evidence for claims involving PTSD.
Direct evidence can include statements from chaplains, counselors, healthcare providers, or fellow service members with whom you discussed the incident. Reports from civilian police, medical records from non-military providers, and personal diaries can also serve as direct evidence.
If direct evidence is unavailable, you can submit indirect evidence. This includes documentation of changes in your behavior, such as issues with work performance, relationship difficulties, or problems with substance abuse. Symptoms like anxiety, depression, panic attacks, or suicidal thoughts can also support your military sexual trauma claim.
Contact a VA Disability Attorney
If you experienced MST and need help with your VA disability claim, contact the Disability Law Group today. Our team can explain your rights and secure the benefits you deserve. Our distinguished law firm includes attorneys listed among Crain’s Detroit Notable Women in the Law and multiple partners selected for the prestigious 40 Under 40 awards. We stand together with you and are ready to demand the accountability you deserve after suffering traumatic events during your time of service. We offer a confidential, free initial consultation to discuss your case and how we can support you. Call us now to take the first step toward getting the compensation and care you need.
