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Military sexual trauma is unfortunately common across all branches. It covers a wide range of behavior, from sexual assault to harassment or sexually-oriented hazing.
Suffering military sexual trauma is not considered to be a disability. However, that experience can lead to a variety of physical and mental conditions that qualify. You may be entitled to disability benefits through the VA. Let a compassionate VA claims lawyer help you pursue the compensation you deserve.
What Qualifies as Military Sexual Trauma?
Military sexual trauma—which is often simply referred to as MST—is defined by the VA as any form of sexual assault or harassment that occurs during military service. There are countless situations that could qualify as sexual trauma, including forcible rape or non-consensual sexual contact. This conduct might involve a victim who is unconscious or otherwise unable to consent.
These acts are not limited to sexual assault, however. Unwanted sexual advances or coercion to perform sex acts can also qualify. Although female service members are more like to face MST, men are also victimized. While reports of these acts are relatively low, there are signs that many instances of MST are never reported to authorities.
According to surveys from the VA, one out of every three female service members have experienced military sexual trauma. For men, that figure is 1 in 50. The rate of reported instances is significantly lower, meaning most people never tell their story during their service.
Survivors of these acts may be entitled to disability benefits through the VA. While this process can be complex, a VA claims lawyer is here to help.
Disabilities Linked to MST
There are a variety of physical and emotional conditions that can result from experiencing military sexual trauma. Some of these will manifest immediately, while others might not become obvious until years in the future. The severity of these complications can impact careers, strain relationships, and be a destructive force in a veteran’s life. Common issues linked to MST include:
- Post-traumatic stress disorder
- Eating disorders
- Depression
- Sexually transmitted disease
- Drug and alcohol abuse
- Mood disorders
- Sexual dysfunction
- Self-harm
- Social isolation
- Difficulties with intimacy
You might not notice many of these symptoms in the aftermath of military sexual trauma, as some can be slow to develop. There are tests and screenings available through the VA that could help you determine if you need help.
Disability Ratings for Military Sexual Trauma
Before you will receive any benefits from the VA, you will need to obtain a rating for your disability. These ratings come in the form of percentages, with a higher rating equaling a larger payment. If the symptoms stemming from your sexual trauma make it impossible for you to cope or hold down a job, you might be entitled to the maximum benefits available.
Disability ratings range from 0% to 100%, with a 100% rating representing total disability. In these cases, total disability means a complete social and occupational impairment that has a dramatic effect on your employment, mood, relationships, and ability to make decisions.
A 70% rating involves severe social and occupational impairment. Even if you are not fully disabled, you might be entitled to the maximum benefits allowed if you are unable to work due to your condition.
A rating of 50% includes social and occupational impairment, although it is generally less severe and possibly manageable with treatment. It is important to remember that these percentages are not managing the severity of the traumatic even. Instead, everything comes down to the extent of the disabling conditions that occurred as the result of sexual trauma, like PTSD, sexually transmitted diseases, or substance abuse disorders.
It is also vital to remember that you might be entitled to a rating for multiple conditions. In those cases, your overall rating could be higher based on the combination of two partial disabilities.
Building a Case for MST
In order for you to qualify for VA disability benefits based on conditions linked to your military sexual trauma, you will need to prove that your disabilities are related to specific incidents that occurred during your service. This is known as a nexus connection.
Establishing a case that you suffered military sexual trauma stars with any records during your service that corroborate your story. While this evidence can go a long way towards establishing a link between your condition and your service, the unfortunate reality is that most people never report this abuse. That means for the majority of potential claimants, there will be no formal records from the time of the trauma to point to.
That does not make recovering benefits impossible, however. The next step is to find other evidence that supports the claim of military sexual abuse. You can highlight certain “markers” that are known indicators that someone has been traumatized. These markers can be used to corroborate that you were victimized at the time you said you were. Some common markers include the following:
- Changes in work performance
- Social or behavioral changes
- Deteriorating physical health
- Mental health symptoms
- Requests for transfer
- Relationship issues
- Sexual health concerns
- Threats or attempts at self-harm
Another way to establish the link between your military sexual abuse and your service is through a nexus letter. This is a document authored by a medical professional who review your medical records and gives their professional opinion on how your condition may be linked.
Let Our VA Disability Lawyer Assist With Your Disability Claim
There are few things more debilitating than facing sexual trauma. If this experience occurred during your service, you may be entitled to benefits paid by the VA.
Let a VA claims lawyer at Gang & Associates review your disability claim. We can advise you on your options and ensure you comply with the law. Contact us as soon as possible to learn more.