Our Nationwide VA Disability Attorney Explains Why You Don’t Need a Police Report for an MST-Related Disability Rating—Just Evidence
Almost everyone who makes the decision to serve knows their contract entails a measure of risk so intense that it can only be appreciated after it’s experienced. But the drills and training meant to ensure discipline in the most difficult positions were, for much of this country’s history, designed to combat the threat posed by foreign foes—not other American men and women with ribbons on their chests or chevrons on their shoulders.
Few people today expect military sexual trauma (MST) survivors to have the evidence needed to file an application or claim disability benefits. Sean Kendall, Attorney at Law, has spent decades helping former servicemen and women work through the uncertainty of high-stakes military sexual assault claims. You don’t have to take on mountains of paperwork or the rigors of an appeals board alone. Please send us a message online, or read more below to find out what you need to succeed.
Changing Tides in the Fight Against Military Sexual Trauma: What New Standards Could Mean for Your MST Claim
Although the U.S. Department of Veterans Affairs (VA) has made claiming MST-related compensation easier than ever before, the VA’s notoriously slow-moving bureaucracy can make obtaining critical support far more difficult than it needs to be.
The United States has spent decades talking around sexual violence in the armed forces. Before the First Gulf War, the VA provided survivors with few resources to obtain abuse-related counseling, support, or compensation. Even after Congress passed laws putting therapists in VA hospitals, it took another 10 years for raters to stop rejecting MST disability claims that couldn’t be verified through promptly filed complaints.
The VA has since made significant progress toward extending survivors the respect that they deserve, yet the disability claims process remains difficult to navigate without assistance.
The VA’s Definition of Military Sexual Trauma
The term military sexual trauma or MST is used by the VA to describe any type of “sexual activity during military service in which you [were] involved against your will” or otherwise “unable to say no.”
Although this definition is very broad in that it encompasses acts ranging from verbal harassment and hazing to violent assault the VA doesn’t classify MST as either a diagnostic label or a distinct type of benefits-eligible disability. However, many conditions and disabilities associated with sexual harassment, abuse, and assault are eligible for free medical care and disability-related compensation. These conditions include, but are not limited to:
- Post-traumatic stress disorder (PTSD)
- Depression, anxiety disorder, and other diagnosed mental health disorders
- Insomnia
- Certain types of sexually-transmitted illnesses
Recent Changes to Federal Policy Mean You Don’t Need a Report to Apply for Benefits
The VA has repeatedly revised its approach to MST-related disability claims. One of the most significant changes to the review process was a ruling approved by agency administrators in 2002 before being added to Title 38 of the Code of Federal Regulations. Before this rule took effect, sexual abuse survivors submitting PTSD claims were typically expected to offer hard, time-sensitive evidence of assault or another in-service stressor.
The VA today recognizes that many—if not most—acts of military sexual violence go unreported, often because victims fear retaliation or believe that their story will be ignored. MST survivors now have the option of submitting two types of evidence:
- Direct evidence. This includes a police report, a statement from a priest or other clergy member, testimony from a former commanding officer, or a medical report from a physician who treated you any time after you experienced MST.
- Indirect evidence. This is sometimes referred to as markers, which indicate how MST has impacted your physical health or mental well-being. Common markers include changes in work performance, serious relationship problems, substance abuse disorders, and feelings of anxiety, depression, or isolation.
In some cases, VA raters may accept other forms of evidence, such as journal entries or buddy statements from friends, family members, and coworkers.
Why You Still Need to Anticipate Demands for Medical Records and Other Evidence
The U.S. Department of Veterans Affairs is a federal agency and, under federal law, is required to employ certain standards when deciding whether to award disability benefits or deny a claim. In most cases, a Veteran may only receive disability compensation if they are diagnosed with either of the following:
- Service-connected condition. This is defined as an injury, disorder, or disability caused or made worse by military service. In order to prove a disability is service-connected, Veterans must typically verify their diagnosis and submit different types of evidence to establish that their military service was most likely the cause of their condition.
- Presumptive service-connected condition. This refers to any injury, disorder, or disability that’s so closely associated with military service that claimants don’t need to provide evidence of a causal link beyond qualifying service records.
Most MST-related claims are not presumptive and therefore, necessitate evidence of a service connection. Sean Kendall, Attorney at Law, fully understands what you need to prove MST and its tragic effects. No matter where you are in the U.S., our team will rally to gather vital evidence in all forms to prove your claim and secure the justice and benefits you deserve.