While the VA now recognizes MST as a legitimate disability, many MST claimants have been denied for lack of evidence. This is often because they need explicit documentation of their MST in service medical or personnel records.
In such cases, lawyers can help re-gather important information and evidence from civilian counseling facilities, rape crisis centers, military coworkers, family members or friends, or private journals. This can make the difference between a claim denial and a successful one.
They Don’t Believe You.
Survivors of military sexual trauma are at increased risk for many medical and psychological conditions. These conditions can include PTSD, depression and anxiety, chronic pain problems, gastrointestinal issues, and more. They also have a higher rate of substance abuse and relationship issues and often struggle with low self-esteem and difficulty finding or maintaining employment after their military service.
The VA recognizes that MST can cause PTSD, and the VA requires that it consider MST when making disability determinations. However, the VA’s claims process is often flawed and can result in erroneous denials.
It’s essential to have a specialized MST attorney to help you navigate the claim process. For instance, If you were disheartened that your Military Sexual Trauma claim was denied, you’ll explore avenues to appeal and seek further support for your case. It’s also important to understand that not every MST case requires physical proof or official reports of the incident. You can prove MST-related PTSD with non-physical evidence, such as your difficulties in relationships and social functioning and other early symptoms of psychiatric problems that you had while in service.
They Don’t Want to Be Right.
Military sexual trauma, or MST, can be a complex issue. It can include everything from unwanted touching to being pressured into sex by someone in your chain of command to sexual assault and rape.
MST can be difficult to report for several reasons. First, victim-survivors are often worried about retaliation from their senior officers. Military culture is based on hierarchy, and service personnel are socialized to be exquisitely sensitive to rank and show immediate obedience to commands from more senior officers.
Additionally, it can be difficult for MST victims to identify their perpetrators in official records. This can lead to claims needing to be correctly denied, as the VA relies on checklists to determine whether there are markers for MST. According to one study, the VA misuses these checklists around 50 percent of the time. A Veterans law attorney can help you identify additional evidence to strengthen your MST claim.
They Don’t Want to Be Responsible.
Military sexual trauma is a complex issue, and it can be challenging for many veterans to report it. Many don’t want to lose their careers because of the reporting process and may fear retaliation from commanding officers.
Other survivors worry about losing benefits if they report their assault. The VA has special rules in place for MST claims. These procedures allow them to review more liberal evidence of PTSD symptoms, including marker evidence such as stressors, behavior changes, and outside agency records.
Many of these veterans have a disabling mental condition related to their MST and may not be able to work. They must work with a psychologist or psychiatrist to document their PTSD and other symptoms. This can help them get a 100% disability rating. If their PTSD makes it impossible for them to work, they could receive monthly disability compensation payments. MST is one of the most common disability claims granted by the VA.
They Don’t Want to Be the Hero.
MST survivors often face long-term adverse consequences, from physical health outcomes to cumulative impairments in functioning. Although these effects share many commonalities with sexual trauma in civilian life, they are exacerbated by unique aspects of military contexts such as perceived institutional betrayal (e.g., a command’scommand’s failure to respond adequately, “rape myths” that blame victims).
Many interviewees reported that their work performance suffered after reporting an assault. Others were assigned tasks outside their expertise areas or given poor evaluations. Survivors also told us they were sent home or denied promotion opportunities because of their medical conditions related to their sexual trauma.
MST is associated with a range of mental and physical symptoms, including PTSD, anxiety, depression, substance use disorder, and gastrointestinal, neurological, genitourinary, and musculoskeletal disorders. Symptoms are aggravated by lack of access to care, discrimination, and the stigma attached to sexual trauma. The military needs to do more to support the men and women who have served, protect their rights, and provide them with adequate medical treatment.