Military sexual trauma (MST) claims were once notoriously difficult to file, fight, and win. Today, the Department of Veterans Affairs (VA) has made changes that make it easier than ever to obtain disability benefits and other compensation for MST-related injuries.
However, obtaining the right rating isn’t always straightforward. Instead, it’s often a process rife with frustration, delays, and unfair decisions. Read more to learn about scheduling a personal hearing for your MST claim, or contact Sean Kendall, an experienced military sexual assault claims lawyer, to schedule your free, no-obligation consultation.
Military Sexual Trauma Claims
According to the VA, the term military sexual trauma describes any type of sexual abuse, harassment, or assault that occurs in the course of military service. The definition of MST has changed many times over the past several decades. In the past, only women could receive compensation for MST-related ratings. Today, the VA recognizes that abuse can affect anyone of any gender.
Some of the most common types of military sexual trauma include, but are not limited to:
- Rape
- Sexual assault
- Sexual harassment, including sexualized hazing rituals
- Being coerced into sexual activity under threat of retaliation
- Being coerced into sexual activity with the promise of a promotion
The VA provides disability compensation and other benefits for MST-related claims. However, MST isn’t a rating—any claim must be accompanied by evidence of a ratable injury and a service connection.
3 Reasons an MST Claim Could Be Rejected or Delayed
Under federal rules and regulations, the VA can only award disability compensation for injuries that are service-connected. This can make fighting an MST claim much more difficult than one for tinnitus or knee pain, in large part because doctors have to exercise their own discretion in identifying and diagnosing psychological conditions, such as post-traumatic stress disorder. Here are some of the most common reasons for MST claims to be rejected or delayed.
1. Lack of Evidence
You can only receive VA benefits if you’re diagnosed with a ratable condition. You can submit indirect and circumstantial evidence to prove your MST claim, but you must still be prepared with the necessary paperwork, testimony, and statements to verify your injuries.
2. No Service Connection
You need to show that your condition was a result of your military service, whether because you were assaulted by a colleague or placed in an unnecessarily dangerous environment.
3. Misinterpreted Markers
Since MST claims are unique, the VA treats them differently. In general, you won’t be asked to provide direct evidence that you were assaulted or harassed. Instead, the VA will look for markers such as behavioral changes or sudden drops in performance to support your MST claim without in-service records. Unfortunately, the VA isn’t always the best at recognizing and interpreting markers, which can lead to patently unfair ratings.
Requesting a Personal Hearing for Your MST Claim
If you disagree with the VA’s decision, you reserve the right to both demand a better explanation and to appeal determinations that you feel were either unfair or misguided. A common first step in the appeals process is asking for a personal hearing. This allows you the chance to:
- Discuss a decision that the VA has made or is about to make.
- Ask questions about whether the VA has given you a rating or denied a benefit.
- Present evidence in favor of your position.
- Tell your side of the story.
- Ask for a different rating or other redetermination.
In general, you must submit your request for a personal hearing within 30 days of receiving a letter or adverse decision from the VA. Most hearings are held at whichever VA regional office has your records. If the agency hasn’t yet decided on your claim, it may delay a determination until after you’ve attended the hearing.
Obtaining Support for Your MST Personal Hearing
You don’t have to go into a personal hearing alone. You have the right to bring a witness, who can be a friend, a former colleague, or anybody else with personal knowledge about your claim, and who can provide information to verify how MST has impacted your life.
Aside from a witness, you are also entitled to an attorney who’ll help condense your evidence, streamline your narrative, and ensure that you don’t tell the VA anything more than it needs to decide on your claim.
How Sean Kendall, Attorney at Law, Can Help You Overcome an MST Denial
You don’t have to accept an unfair rating or unexpected denial sitting down. If you’ve served honorably in the United States military, you have a legal right to obtain certain benefits for your service-connected injuries. Sean Kendall has spent decades helping Veterans obtain the resources to manage physical injuries and emotional trauma. Our experienced team will:
- Review your paperwork and filings from your MST claim.
- Promptly challenge unfair ratings and denials.
- Help you obtain evidence to support your claim, such as old service records and medical reports.
- Hold the VA accountable when it misinterprets evidence or makes a mistake that impacts your rating.
- Advocate for your best interests in a personal hearing, higher-level review, or appeals hearing.
We know that tackling the Department of Veterans Affairs can be time-consuming and emotionally exhausting, which is why we don’t charge upfront for your initial consultation or legal representation.