Today, the Department of Veterans Affairs (VA) recognizes that many survivors of military sexual trauma (MST) can neither obtain nor present evidence of crimes that occurred behind closed doors. However, even though former servicepeople are no longer expected to provide copies of police reports or rape kit results, they must still be able to substantiate details about their diagnosis.
Depending on the circumstances of your claim, you may be able to use treatment records as a form of mental health evidence—evidence that not only proves a service connection but also shows how MST continues to impact your physical health and mental well-being.
Read more to learn about the role of MST documentation, or contact Sean Kendall, Attorney at Law, to speak to a military sexual assault claims lawyer and schedule your 100% free, no-obligation consultation. 
Obtaining VA Benefits for an MST Claim
The VA uses the term military sexual trauma, or MST, to describe many different kinds of service-connected abuse. This might include, but isn’t limited to:
- Sexual harassment
- Sexualized hazing rituals
- Unwanted touching or feeling
- Coercive relationships or demands for sexual favors
- Sexual assault, including rape
The VA doesn’t recognize military sexual trauma as a distinct type of disability, but it does have the authority to award disability pay and other benefits to survivors who have been diagnosed with MST-related conditions such as depression, anxiety, and PTSD.
Using Mental Health Treatment Records to Reinforce Your MST Claim
Military sexual trauma claims are treated somewhat differently than other disability actions in that survivors are usually allowed to submit a combination of direct and indirect evidence.
- Direct evidence typically refers to evidence of abuse. This includes police reports, testimony from a superior officer, or statements from a counselor or clergy member.
- Indirect evidence, in contrast, documents how your life has changed and been impacted by MST.
If you’ve ever seen a psychologist, psychiatrist, or other mental health professional for an MST-related condition, you may be able to use your treatment records as both direct and indirect evidence. Your records can be used to establish:
- You received treatment for a traumatic event shortly after being abused, harassed, or assaulted.
- You’re currently receiving treatment for a condition associated with MST.
- You’ve been diagnosed with a disability-rated condition associated with military sexual trauma.
Your provider, past or present, may also be able to submit a nexus letter or independent medical opinion. In it, the provider can verify your diagnosis and explain why they believe that your condition has a service connection.
You Don’t Have to Take Chances with Your MST Claim: Contact Sean Kendall, Attorney at Law, Today
You can use your mental health treatment records to verify an MST-related diagnosis and tentatively establish a service connection. However, obtaining benefits for MST is rarely as straightforward as it should be. Many VA field offices reject MST claims at disproportionate rates, even in cases that are clearly approvable under federal law and guidance.
You don’t have to take chances with your right to disability pay. Regardless of where you are in the appeals process, we can help you pursue the benefits you deserve. The team at Sean Kendall, Attorney at Law, will work hard to:
- Ensure that your MST documentation and benefits paperwork are correct and complete.
- Retrieve and present critical evidence.
- Use your mental health treatment records to explain your diagnosis and show how an assault has affected your life.
- Put unfair disability ratings through the appeals process.
- Submit unfair VA benefits rejections and denials to the U.S. Court of Appeals.
We understand that obtaining benefits often takes more time and energy than it should, which is part of the reason why we never charge our MST clients upfront fees to secure benefits. There’s no cost to schedule a consultation, and the only payment we’ll ever take is a set percentage of any back pay or retroactive benefits you’re awarded.