MST can cause veterans to suffer from various physical and mental ailments long after they have left the service. However, survivors of MST may qualify for VA disability compensation. Specifically, when a veteran develops physical or mental conditions due to MST, those conditions may have a “service connection” that entitles the veteran to VA disability benefits. If you’ve survived MST, you deserve to know your rights to VA benefits.
What Is Military Sexual Trauma?
Military sexual trauma (MST) is the term used by the military and the VA to refer to sexual assault or harassment experienced by service members during military service. MST can occur to service members of any sex or gender identity, and be perpetrated by someone of the same sex or gender or a different sex or gender. Examples of incidents that may constitute MST include:
- Physically forced into sexual activity or drugged to prevent resistance to sexual contact
- Pressured into sexual activity (e.g., promises of benefits or promotions in exchange for sexual favors, or threats of negative treatment in retaliation for refused sexual advances)
- Grabbed or touched sexually without consent
- Offensive or unwelcome comments about one’s body or sexual activity
- Harassing or threatening sexual or romantic advances
How Does MST Connect to VA Disability?
Although a veteran does not qualify for VA disability simply for being a survivor of MST, they may experience various conditions that can qualify them for disability benefits. MST can cause a wide range of physical and mental health conditions, such as:
- PTSD
- Anxiety
- Depression
- Substance abuse disorders
- Eating disorders
- Insomnia or other sleeping disorders
Medical evidence can link these conditions to the MST a veteran experiences, which can qualify them as “service-connected” and therefore eligible for VA disability benefits. The type and severity of symptoms of a service-connected condition will also determine a veteran’s disability rating, which affects the amount of their monthly compensation and eligibility for other VA benefits.
Your Rights as an MST Survivor
You have certain rights when filing a VA disability benefits claim for a condition resulting from MST. For example, you do not have to support your VA disability benefits claim with official reports or criminal records to prove that you experienced sexual assault or harassment in the military. Instead, you can support your claim with evidence such as personal statements, contemporaneous diaries, buddy statements (e.g., statements from fellow service members, family members, etc.), performance reviews, medical records, and mental health treatment records.
You also have the right to request an examiner of the same gender as you, should the VA ask you to submit to a compensation and pension (C&P) exam during your VA disability benefits application process.
MST survivors also have the right to receive other benefits from the VA beyond disability benefits for physical or mental conditions caused by MST. For example, the VA provides free treatment for physical or mental health conditions related to MST. You do not have to have official documentation of incidents of sexual assault or trauma, nor do you have to obtain a VA disability rating, to request VA care for MST-related conditions.
Contact Our Firm Today for Compassionate, Dedicated Support in Filing a Disability Benefits Claim
After experiencing MST, you may have developed various physical and mental health issues that impair your ability to work and engage in social activities. As a result, you may qualify for disability benefits from the VA. Contact Kinman Law Office today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about your eligibility for VA disability benefits for conditions resulting from MST and to get legal support if you face difficulty getting approved for benefits.
