How to Collect Evidence for Your Military Sexual Trauma Claim

The Department of Veterans Affairs (VA) uses the term military sexual trauma (MST) to describe any type of sexual assault or harassment that occurs during military service. MST is neither a diagnosis nor a rating, but survivors who have received treatment for conditions such as depression and post-traumatic stress disorder could be entitled to disability compensation. 

However, the armed forces haven’t always recognized the very real—and very prevalent—problem of military sexual trauma. In the past, Veterans who needed help were often asked to show evidence they couldn’t have obtained without risk to their careers or rank. Today, growing awareness of MST and its effects means that many former servicemen and women who were once ineligible for benefits can now qualify for both compensation and care. 

Read more to learn about the types of evidence you may need to provide to obtain MST disability compensation, or contact Sean Kendall, Attorney at Law, to speak to a VA claim support lawyer and schedule your free, no-obligation consultation. 

Obtaining Evidence for an MST Claim

Almost every Veteran who sustained lasting wounds in the line of duty is entitled to a combination of care and compensation. However, disability claims are often subject to intense scrutiny. Since federal law requires that the VA only authorize benefits when there’s compelling evidence of a service connection, survivors of military sexual trauma must typically begin building their case before sending an application for review. Here's what you need to know about MST evidence in VA claims. 

VA’s Shifting Standards for Evidence 

Since sexual coercion and violence often occur behind closed doors, it can be difficult—if not outright impossible—for survivors to obtain evidence that they were assaulted or harassed. This is especially true in the context of the military, where bureaucratic processes and rank-related power differentials can be leveraged against those who try to report abuse. 

In the past, the VA was required to hold claims for MST-related compensation to the same standard as claims for physical disabilities. This meant many survivors were refused benefits if they were unable to provide evidence such as: 

• Eyewitness testimony
• Police reports filed within days, weeks, or months of the assault 
• Forensic medical evidence obtained by a law enforcement officer or medical professional 

Today, the VA is authorized to take a more realistic approach to the disturbing issue of military sexual trauma. Aside from now being able to consider indirect evidence of assault, the department has also broadened its definition of MST to include: 

• Being touched in a way that makes you feel uncomfortable 
• Being subjected to sexual harassment, including unwanted comments about your appearance, body, or sex
• Being pressured into unwanted sexual activities 
• Being physically forced to engage in sexual activities 

Although new laws and guidance mean survivors can now provide indirect evidence instead of police reports and medical records, they must still meet specific requirements to receive disability pay and other benefits. 

Different Types of MST Evidence

The Department of Veterans Affairs uses a simple set of criteria to evaluate most disability claims. Before an application can be approved, the VA must typically ensure that each of the following conditions are true:

1. You have a disabling condition that affects your physical well-being or mental health. 
2. The disabling condition was caused or aggravated by an event or events that occurred during your military service. 
3. Your evidence meets the VA’s requirements for establishing a service connection. 

The evidence submitted with a claim for MST-related benefits must substantiate your diagnosis and establish a service connection. This can be accomplished by providing: 

• Evidence of a disabling condition. This is obtained through medical records. Your claim could be supported by receipts showing that you regularly visit a psychologist or a provider’s statement indicating that you’re diagnosed with an MST-related condition like depression, substance abuse, post-traumatic stress disorder (PTSD), insomnia, or general anxiety disorder. 
• Evidence of the incident. This form of proof indicates or suggests that you were a victim of an act of sexual violence, coercion, or harassment. It could include records from a law enforcement agency, hospital, or rape crisis center, or a statement from a commanding officer or another person with direct knowledge of an initial incident report if any such documentation was filed. While survivors of MST are no longer required to provide such evidence to support their incident, it could make your claim more easily approvable. 

Using Evidence to Reinforce Your Claim

The VA now recognizes that many survivors of sexual abuse and harassment don’t immediately report the incident. So again, while you’re not required to provide direct evidence of it, you may still be expected to share what the VA terms “markers.” 

Markers are different types of records that can be used to both corroborate your claims and to establish a service connection. Some of the most common types of MST-related markers include, but aren’t limited to: 

• Statements from friends or family who know about the incident 
• Records of visits to, or contact with, a therapist, counselor, or member of the clergy
• Records of a visit to a health care provider for STD testing or a pregnancy test 
• Documentation of sudden, out-of-character changes to your behavior or your mood 
• Service records indicating a sudden decline or other abrupt change in your performance around the time of the incident 

Depending on the circumstances of your claim, you might also be able to submit other kinds of evidence. In many MST-related cases, the VA will also accept “non-markers”, such as a self-attested letter written by a psychologist, psychiatrist, or another mental health counselor with the experience and credentials needed to draw a direct link between a service-connected incident of sexual abuse and a current diagnosis. 

Any mental health provider can submit a nexus letter on your behalf. In fact, the VA is required by legal precedent to accept and review this distinct form of non-marker evidence. However, this doesn’t mean the department gives the same weight to every specialist’s opinion. As a general rule, agency assessors prefer seeing nexus letters from trained psychiatrists and certified psychologists—professionals with graduate degrees who have undergone intensive training and often have extensive experience working with survivors of sexual assault. 

Understanding Your Rights After Experiencing Military Sexual Trauma

For all the positive changes that the Department of Veterans Affairs has implemented, it didn’t fully recognize the severity of military sexual trauma until 2011. After that, the VA relaxed its evidentiary requirements, making it easier for survivors to obtain the benefits they need and the care they deserve. 

Today, the VA approves PTSD claims for MST and combat stressor-related trauma at roughly the same rate—a drastic improvement over years past. However, obtaining a rating isn’t always easy or straightforward. 

You don’t have to take chances with your claim. If you need to appeal a benefits decision, my firm can help you obtain the disability compensation that you deserve by: 

• Conducting a thorough investigation to obtain the evidence you’ll need to corroborate your claim.
• Helping you explain how an incident of sexual abuse, assault, or harassment impacted your service and continues to affect your life. 
• Ensuring that the evidence you provide is up to the Department of Veterans Affairs’ standards. 

We won’t quit until we help you get the benefits you deserve. As one of our clients said, “Like many women veterans, I was treated like an interloper, and my claim was denied repeatedly. I suffered a great deal of hardship. Mr. Kendall did not give up on getting full 100% disability (which I eventually won). I’m very grateful to him for sticking with me and my case, and would recommend him to anyone needing a strong advocate as a survivor of trauma.”