VA Disability for Military Sexual Trauma (MST)

Many veterans, male and female, have experienced military sexual trauma (MST), the term for sexual assault or harassment that occurred while on active duty. The VA definition of MST is any sexual activity during your time in service in which you are involved against your will or unable to say no.

Examples of MST include rape, being touched or grabbed in a way that made you uncomfortable (including during "hazing" experiences), threatening comments about your body, or unwanted sexual advances. MST survivors may be negatively affected by their experiences from day one or they can develop psychological and physical difficulties many years later.

Can You Get Disability Benefits for PTSD from Rape?

As a response to trauma, MST is often associated with PTSD in veterans. According to the VA, PTSD is one of the most common mental health diagnoses among MST survivors. You may qualify for veterans disability compensation if your MST or PTSD symptoms severely interfere with your daily functioning.

Symptoms of MST and PTSD include hypervigilance (feeling "jumpy" or on edge all the time), trouble sleeping (such as insomnia or nightmares), self-isolation, difficulty with concentration or attention, impaired memory, and increased anger or irritability. MST can also manifest in physical symptoms, such as chronic pain, weight fluctuations, and gastrointestinal distress.

You can qualify for a disability rating—and therefore VA compensation—on the basis of MST or PTSD provided you can show that your conditions are service-connected. This means that you'll need to prove that a traumatic event occurred while you were on duty and caused your current level of symptom severity.

Establishing Service Connection for MST

While service connection for MST may appear self-evident (the "military" in a military sexual trauma diagnosis would seem to be a given), the VA does need to see documentation of an in-service incident that forms the basis of the diagnosis. For example, you could submit the following as part of your MST disability claim:

• Service Treatment Records or Military Personnel Records that document MST
• Investigative reports into MST during military service, or
• Defense Department reporting forms on sexual assault or harassment.

You don't need to have the above information in your service records in order to establish proof of the incident, however. The VA understands that there is a significant stigma against reporting sexual assault and harassment, meaning that when they occur they aren't often reported right away (if at all). Because of this, the VA will accept other direct evidence of MST, such as:

• police reports
• records from rape crisis centers
• notes from counseling, health, or military training facilities
• statements from friends, relatives, or clergy members
• personal journals, and
• medical reports from civilian providers for treatment following the MST.

You can also submit indirect evidence of changes in your life or behavior after the MST to establish service connection. For example, the VA may look for the following information indicating that a traumatic event occurred:

• pregnancy or sexually transmitted disease test results
• requests for transfer to another duty assignment
• treatment for physical injuries around the time of the MST
• appointments at a health or counseling facility without a specific diagnosis, and
• changes in behavior such as substance abuse, relationship issues, or unexplained social or financial decisions.

The above lists aren't exclusive. In recent years, the VA has taken steps to help survivors of MST by changing how the agency processes PTSD-related claims, such as relaxing evidentiary standards. As long as you can show evidence of "markers" (signs, events, or circumstances) that indicate a traumatic event, the VA should be able to establish service connection.

VA Disability Ratings for MST

Disability percentages for PTSD-related conditions such as MST are assigned according to the General Rating Formula for Mental Disorders (38 CFR 4.130). Below is a chart that shows you what symptoms need to be present in order to get a corresponding VA rating.

The VA uses your percentage rating to help calculate how much you'll receive in disability compensation. A 0% rating doesn't entitle you to disability compensation benefits, but does give you access to other important benefits, such as health care.

Applying for Disability Compensation for Military Sexual Trauma

You can apply for disability benefits online using the VA's electronic tool to complete Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. If you'd prefer, you can also print out Form 21-526EZ and mail the completed application to the following address:

Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444

You may also submit a hard copy of the form by fax to 844-531-7818 (248-524-4260 if you're outside the U.S.) or by bringing it in person to your VA regional office.

If your disability claim is based on PTSD or other mental disorders (like depression) as a result of military sexual assault, you should also complete and submit Form 21-0781, Statement in Support of Claimed Mental Health Disorder(s) Due to an In-Service Traumatic Event(s) with your application.

Additional Resources for MST Survivors

The VA provides several resources for veterans with MST (and PTSD) to help them manage their symptoms and thrive despite their trauma. Health care and counseling are available to most vets regardless of whether they receive disability compensation benefits.

• MST coordinators in VA health care facilities serve as point persons to help you access treatment for MST.
• Beyond MST is a free, secure mobile app created by VA mental health specialists that provides various therapies MST survivors can use to cope with challenges.
• MakeTheConnection.net offers stories from veterans who've overcome mental health hurdles, including MST, and provides a support network for struggling vets.

If you or a loved one need immediate assistance, the Veterans Crisis Line is available 24/7 for online chat, by texting 838255, or by dialing 988 and then pressing 1. The Veterans Crisis Line is completely confidential, and you don't have to be enrolled in VA benefits or health care to connect.

Do You Need Legal Help to Win Your VA MST Claim?

Many veterans can feel traumatized all over again if the VA tells them they can't have benefits because they haven't provided enough evidence. Although the VA has taken significant steps toward handling MST claims with respect for veterans' experiences, many applications are still denied on this basis.

If your MST claim was denied and you wish to appeal, consider getting help from a VA disability attorney, particularly one who's sensitive to issues surrounding sexual assault. Your lawyer can identify errors in the VA's decision, upgrade your discharge if necessary, and represent you at a Board of Veterans Appeals (BVA) hearing.

Most VA attorneys offer free consultations and don't get paid unless you win your claim, so there's little downside to getting a lawyer. There are also many legal organizations that provide free or low-cost representation for veterans. To learn more about your options, see our article on hiring a VA disability lawyer.