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Can I Receive Disability for Military Sexual Trauma?
Service in the U.S. Armed Forces is a lifelong dream for many. The opportunity to serve one’s country, learn new skills, make lasting relationships, and pay for a continuing education make service attractive to different people for different reasons. Regardless of one’s motivations for enlistment, though, no one signs up to experience sexual assault.
While sexual assault in the military has been occurring for years, it is a problem the armed forces have only begun to reckon with. A study published in 2016 determined that nearly 16% of all military personnel had experienced some form of sexual abuse at one point or another during their time of service. This number includes both men and women and service members of every rank and branch of the military.
Individuals who have experienced MST may feel angry, ashamed, or confused about what to do. These are natural feelings. However, MST is never the fault of the survivor. In fact, if you or a loved one are a survivor of MST, you may be eligible to collect benefits from the VA. This can be a challenging and intimidating process. This is why a kind, compassionate lawyer with an understanding of military law and deep empathy for MST survivors is vital to your cause.
What is MST?
MST stands for military sexual trauma. This is an intentionally broad term used to cover any unwanted sexual activity that occurred during a person’s time in the armed forces. MST may include but is not necessarily limited to:
- Being Coerced or Threatened into Sexual Activity
- Rape by Force
- Unwanted or Inappropriate Touching
- Unwanted Sexual Advances
- Sexual Harassment, Including Inappropriate or Unwanted Comments About your Body or Sexual Activity
- Sexualized Hazing, Including Unwanted Touching or other Sexual Activities
These are only a few potential activities that may be considered MST. Regardless of someone’s rank or position within the military, they are not allowed to engage someone in unwanted sexual activity or discussion. If you or a loved one experienced any unwanted sexual activity or communication in the military, it’s not your fault, and you can take legal action to receive compensation from the military for your experiences.
How Do I Begin the Process of Filing a Claim for MST?
VA is a bureaucracy. This means there are forms, paperwork, and procedures everyone must go through when filing any kind of claim. Filing to receive disability for MST is no different. Because of the nature of the claim, the process can be emotionally and psychologically complex. An attorney can aid you through this process and provide support that eases the stress associated with making an MST claim.
Determining the proper form to initiate your claim requires an understanding of the VA claims process and your VA claims history. If you have never filed a claim for any mental health condition, then VA Form 21-526 is required. If you have been previously denied service connection for a mental health condition, then VA Form 20-0995 you may need for file VA Form 20-0995. An experienced representative can help choose the appropriate form.
What Happens Next?
A successful claim for a mental health condition caused by MST requires satisfaction of elements: 1) An in-service sexual trauma, 2) a current diagnosis or symptoms of a mental health condition, and 3) a link, or nexus between the trauma and the diagnosis. VA will require you to provide information regarding the trauma so that they can corroborate the claim. The trauma could be corroborated by official reports, or by “markers,” which are behavior changes that indicate a trauma occurred.
If you have medical records documenting a diagnosis of a mental health condition due to MST, it is helpful to file them along with your claim; however, It is not necessary to have a diagnosis at the time of filing. If you do not have a diagnosis, you should submit a statement describing the symptoms you experience in as much detail as possible.
When VA has some evidence of the in-service MST, and some evidence of a current diagnosis, they will schedule you for an examination with one of their providers. That provider will be asked to state whether it is at least as likely as not that the current diagnosis was caused by the in-service trauma.
The outcome of the examination will determine the outcome of the case. Even though it can be difficult, it is important to open up to the examiner and provide as much information as possible about the trauma and about your symptoms immediately following the trauma through the present time. You can also support your claim with statements from friends and family members, medical opinions from non-VA doctors, and any other evidence that proves any of the three elements mentioned above.
This is a very basic outline of the process for filing a VA claim for disability due to MST. The actual process can be challenging and complex and may involve further interviews or examinations. An experienced and empathetic attorney from our team can help you through this process to make it as easy and stress-free as possible.
What Should I Do if I or a Loved One Experienced MST in the Military?
MST can happen to anyone. It is never your fault. The situation is not hopeless. Filing for VA compensation because of your MST can be a way to take back control and can be a key part of the healing process. The attorneys of West & Dunn are here to help you through every step of that process.
At West & Dunn, our attorneys don’t just bring legal expertise; they bring compassion, care, and empathy for their clients. We understand how difficult facing MST can be. We also understand that anyone who has experienced MST deserves just compensation for their experiences. Our attorneys consider MST cases of special importance and won’t rest until their clients have gotten the justice they deserve.
Signing up to serve your country is not signing up to experience sexual trauma. If you or a loved one are survivors of MST, contact West & Dunn today at 608-490-9449 to get the compensation you deserve.
