VA Disability Benefits for Military Sexual Trauma
Military Sexual Trauma (MST) refers to sexual assault or repeated, threatening sexual harassment experienced during military service. The Department of Veterans’ Affairs (VA) recognizes MST as both a serious issue and one worthy of potential disability benefits, offering compensation to veterans whose trauma severely impacts their well-being and ability to function.
To qualify, you must first apply for a VA rating for military sexual trauma – a percentage assigned to your condition that is meant to capture the extent of its impact on your daily life.
So, how does it work? Read on for our guide to VA compensation for military sexual trauma, including eligibility, how to apply, and what factors impact your rating.
How the VA Disability Rating for MST Works
The VA does not assign a disability rating for MST itself but evaluates and rates the disabling conditions that result from MST, such as PTSD, depression, or anxiety.
Disability ratings for MST-related conditions are assigned in increments of 10%, ranging from 0% to 100%, based on the severity of the condition and its impact on occupational and social functioning. To receive benefits, you must have an MST VA disability rating of 10% or above.
Disability ratings for PTSD and other conditions linked to MST are generally assigned at 0%, 10%, 30%, 50%, 70%, or 100%.
- 10% Rating: Symptoms are mild and/or sporadic, with minimal impact on daily tasks and efficiency.
- 30% Rating: Occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.
- 50% Rating: Reduced reliability and productivity due to symptoms like frequent panic attacks; difficulty understanding complex commands; and impaired judgment, and regularly impaired judgment.
- 70% Rating: Major deficiencies in work, school, family relations, judgment, thinking, and/or mood, with symptoms like suicidal ideation and near-continuous panic or depression.
- 100% Rating: Total occupational and social impairment due to symptoms such as persistent delusions or hallucinations, or grossly inappropriate behavior.
Eligibility for VA Compensation for Military Sexual Trauma
There are a few things that must be proven in order to qualify for compensation due to military sexual trauma:
- Current Diagnosis: A medical diagnosis of a physical or mental health condition, such as Post-Traumatic Stress Disorder (PTSD), depression, or anxiety resulting from MST.
- In-Service Event: Evidence that the MST occurred during a veteran’s military service.
- Nexus (Link) Between MST and Current Condition: A medical opinion linking a veteran’s current condition to the MST experienced during service.
There are also more general requirements for VA disability, such as an honorable discharge or otherwise non-dishonorable discharge from the military.
Documentation
Because instances of sexual harassment or assault often go unreported in the military, the VA does not necessarily require formal documentation from a veteran’s time in service in order to prove their claim. However, you will still need other documentation to prove a nexus between MST and your current disabling condition. Examples of evidence that can substantiate the occurrence of MST without an official military report include:
- Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians
- Statements from family members, roommates, fellow service members, or clergy
- Evidence of behavioral changes following the claimed assault, such as deterioration in work performance, substance abuse, depression, panic attacks, or anxiety without an identifiable cause
If you do not qualify for a military sexual trauma disability rating but are still impacted by MST, you can likely still take advantage of MST-related health care services through the VA, including therapy and support groups.
Application Process for MST-Related Disability Benefits
Here are the steps you will follow to apply for MST-related disability through the VA.
As part of your claim, you will also need to gather all supporting evidence, including medical records, service records, and discharge records. This is also where you’ll attach any additional substantiating evidence such as personal statements or rape crisis center treatment records.
1
Step
Prepare Your Claim
You will need to complete VA Form 21-526EZ, which is the general application for disability compensation through the VA. You may also be required to fill out VA Form 21-0781a: Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder Secondary to Personal Assault.
Errors or inconsistencies could result in claim delays or denials, or prevent you from getting the appropriate amount of VA compensation or back pay for a condition caused by military sexual trauma.
2
Step
Submit Your Claim Application
You have a couple of options for submitting your claim:
- Mail your completed application along with supporting documents (copies are okay) to the Department of Veterans’ Affairs, Evidence Intake Center, P.O. Box 4444, Janesville, WI 53547-4444; OR
- Fill out and submit your application online through the VA’s eBenefits Portal; OR
- Submit your form in person at a VA regional office
3
Step
Attend a C&P Exam
A Compensation & Pension (C&P) Exam is the primary method of determining your VA rating for military sexual trauma. The exam is scheduled by the VA and must be performed by a VA-approved physician. To ensure an accurate rating, be incredibly detailed in describing the symptoms of your MST-related condition and the impact of those symptoms on your life. You may want to bring supporting documentation for your claim, such as copies of treatment records or notes from a mental health provider.
4
Step
Await a Decision
The VA will review your application, supporting documents, and the findings of your C&P exam to make a determination on your MST-related disability claim. If you don’t agree with their final decision, you can file an appeal or request another review of the evidence.
Talk to a Veterans’ Benefits Lawyer for Free
You are not in this alone. If you are overwhelmed by the process of applying for a military sexual trauma VA rating, or if you have any questions related to your claim or appeal, our experienced legal team at Injured Veterans is here to help.
We offer assistance throughout every step of the VA claims process for military sexual trauma. And because we work on a contingency fee basis, you won’t owe anything until your claim is successful. Contact us today for a free, no-obligation consultation.
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