If you served in the armed forces, you shouldn’t have to second-guess your eligibility for Department of Veterans Affairs (VA) benefits. Over the past several decades, the federal government has increasingly recognized that military sexual trauma (MST) is a systemic problem that can affect servicepeople of any rank and gender.
While survivors are no longer expected to provide extensive evidence of past sexual abuse, they must still overcome obstacles to establish their credibility and obtain disability compensation. Sean Kendall, Attorney at Law, has spent more than 30 years helping Veterans stand up to bureaucracy, file compelling claims, and appeal unfair decisions. Read more to learn how to prepare for a military sexual assault claim, or contact us today to speak to an attorney and schedule your free, no-obligation consultation.
3 Credibility Considerations for Military Sexual Trauma Claims
The VA uses the generic term military sexual trauma, or MST, to describe any form of sexual abuse, assault, or misconduct that occurs in the line of duty. Under the most current definition, military sexual trauma includes:
- Being pressured or coerced into sexual activities
- Being touched without your consent
- Being physically assaulted and forced into performing a sex act
- Being subjected to unwanted comments about your body, personal life, or sexual orientation
Military sexual assault encompasses many other acts of potential misconduct, but to obtain benefits, you must still meet the VA’s conditions for disability compensation. Here are three major considerations to bear in mind before filing a claim.
1. You Must Have a Diagnosis
Military sexual trauma is neither a standalone diagnosis nor an official rating. If you were subjected to sexual abuse, assault, or harassment in the armed services, you must be prepared to establish that your experience has taken a profound toll on your physical health or mental well-being.
The VA acknowledges that some conditions—such as depression and post-traumatic stress disorder—are often byproducts of military sexual trauma. However, to obtain benefits for an MST-related condition, you must still have a diagnosis and a rating.
2. You Must Establish a Service Connection
As a federal agency, the VA must comply with executive branch orders, court rulings, and congressional mandates. Even though one of the VA’s most important tasks is protecting former servicepeople’s physical well-being, stringent regulations determine how, when, and why the department can award benefits like disability compensation and TDIU.
The effect of these regulations is far-reaching. Under most circumstances, you can only obtain disability-related compensation if your disability is service-connected. In other words, if you’re diagnosed with a condition like PTSD, you must be able to establish that it’s a direct consequence of military service.
3. You Must Be Prepared to Offer Evidence
In the past, any veteran filing a claim for MST-related disability benefits was asked to provide compelling evidence that they were assaulted or abused. Today, the VA recognizes that many servicepeople don’t have the option of speaking out. As a result, Veterans can still obtain benefits even if they never filed a police report or informed a commanding officer of the incident.
Nevertheless, you’ll still need to submit evidence to prove your claim is credible and service-connected. Evidence can take many different forms, but it must be presented in a way that satisfies federal law and departmental policy.
Meeting the Standard for MST Claim Credibility
Military sexual trauma claims should be straightforward but, as many Veterans already know, dealing with the VA is often anything but clear-cut. However, you don’t have to place all your faith in the hands of government bureaucrats. Whether you’re filing your first claim or facing the prospect of an appeal, here are just a few actions you can take to possibly satisfy VA evidence requirements.
Take Your Time with the Initial Application
Every VA claim and appeal starts with an application. Various application forms serve different purposes, with some of the most common including:
- VA Form 21-526EZ for Disability Compensation and Related Compensation Benefits
- VA Form 20-0995 for Decision Review Request: Supplemental Claims
- VA Form 21-8940 for Increased Compensation Based on Unemployability
- VA Form 9 for Appeal(s) to the Board of Veterans’ Appeals
You need to file the right form for your case to obtain benefits, secure a revised rating, or appeal an adverse decision.
Keep in mind: the Department of Veterans Affairs’ paperwork can appear deceptively simple. Although most forms are fairly short and request only basic information, they may also instruct applicants to provide certain forms of evidence or explain extenuating circumstances. This may mean drafting addendums, soliciting testimonials from friends and family, or asking our experienced Veterans law attorney for assistance.
Obtain the Right Evidence
Every MST claim is unique, but the VA expects most applicants to submit evidence to establish a diagnosis and a service connection. You may be able to improve your credibility by attaching evidence such as:
- A “nexus letter” from a psychiatrist, counselor, or other mental health professional.
- Witness testimonials and buddy letters from friends, family members, former colleagues, and former commanding officers.
- An impact statement describing how MST has impacted different aspects of your life.
- Service records that show changes in your behavior or performance.
- Any other evidence that your diagnosis is service-connected, including hospital records and police reports.
VA claims are a formal process, but you won’t be asked to prove beyond reasonable doubt that you were a victim of military sexual trauma. Let’s review a couple of the key components that reinforce your case.
Ask for a Nexus Letter
This is a statement issued by a medical professional explaining how your diagnosis or rating is linked to your military service. They must be written by an expert and contain certain terms and language to satisfy federal regulations.
Nexus letters help tie together the different elements necessary for a successful claim. They include:
- You experienced an event in service that could have caused or aggravated your condition.
- You’ve been diagnosed with a disease, illness, or other condition related to the event.
- You received a medical opinion linking the in-service event to your condition.
Nexus letters are most often used to satisfy the third requirement, as your doctor must review your service records, offer a medical opinion, and explain how they reached their conclusions.
Talk to Friends and Family
As mentioned, your friends and family can play a role in your application, too. If you’ve ever spoken with a loved one or colleague about military sexual trauma, even years after the abuse ended, you should consider asking for a statement. Statements should be concise, relating how your behavior or lifestyle changed as a result of an assault.
Don’t Give Up Without a Fight
The VA isn’t a monolith: rules change frequently, employees make mistakes, and decisions aren’t always right.
If you receive an adverse or unexpected decision in your MST claim, you don’t have to accept it without putting up a fight. Sean Kendall, Attorney at Law, has spent decades helping Veterans obtain the benefits and compensation they deserve. Every claim is different, but we could help:
- Obtain and analyze evidence, including old medical reports and missing service records.
- Present your evidence in a way that’s relevant to your claim and is expressed in the language that the VA likes to hear.
- Assess whether you could be eligible for a higher rating.
- Discuss your options for appealing a denial, challenging an adverse decision, or requesting a higher-level review.
Military sexual trauma claims almost always involve high stakes, but our team helps you even the playing field.