Military Sexual Trauma: A Guide for Survivors
Military Sexual Trauma (MST) can leave long-lasting psychological and physical scars. While the Department of Veterans Affairs (VA) has mechanisms for recognizing conditions related to MST, many Veterans face initial denials or receive ratings that fail to reflect the true impact of their trauma. Appealing these decisions can be daunting—especially for those already dealing with the emotional burden of past abuse.
At Veterans Law Group, we focus exclusively on VA disability appeals. Our mission is to help Veterans whose MST-related claims have been wrongfully denied or underrated, and to fight for the benefits and recognition they’ve earned.
Understanding Military Sexual Trauma
Military Sexual Trauma (MST) refers to sexual harassment, assault, or abuse that occurs during military service. It includes a broad range of non-consensual behaviors and experiences that may be verbal, physical, or psychological in nature. Examples of MST include:
- Sexual assault
- Threats or coercion for sexual favors
- Unwanted sexual advances or contact
- Repeated, threatening sexual comments
These experiences may happen in any setting—on base, in the field, during training, or in off-duty environments. MST can be committed by fellow service members, supervisors, subordinates, civilians, or contractors. It does not depend on rank, gender, or branch of service. Tragically, it often occurs in contexts where survivors feel unable to report the abuse due to fear of retaliation, damage to their career, or lack of confidence in the chain of command.
Importantly, MST is not limited by gender. While women report MST at higher rates, thousands of men and non-binary Veterans also suffer from military sexual trauma each year. Male survivors may face unique stigma, isolation, and underreporting, which further complicates their path to recognition and recovery.
Unlike civilian sexual trauma, MST is compounded by the structure of military life. Survivors may be forced to continue working alongside their abuser or may be discouraged from seeking mental health treatment. These factors often delay reporting and contribute to long-term psychological distress, such as:
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Substance abuse
- Sleep disturbances
- Sexual dysfunction
- Dissociation and trust issues
Because MST is a service-related experience, the VA recognizes its potential to cause disabling mental and physical conditions. However, navigating the VA system after MST can be especially difficult for survivors who are re-exposed to institutional barriers and forced to recount traumatic events in clinical or legal settings.
This is why sensitive, trauma-informed advocacy is essential—especially during the appeals process.
VA Disability Compensation for MST-Related Conditions
The VA does not assign a disability rating for Military Sexual Trauma (MST) itself. Instead, it evaluates and compensates the lasting physical and psychological conditions that result from the trauma. Common MST-related conditions include:
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety disorders
- Major depressive disorder
- Panic disorder
- Sexual dysfunction
- Substance use disorders
- Eating disorders
- Physical conditions such as chronic pain, migraines, or gastrointestinal issues
To receive compensation, the Veteran must demonstrate that the diagnosed condition is connected to their MST experience. This can be particularly challenging, as MST is often underreported and rarely documented at the time of occurrence. Many survivors do not feel safe or supported enough to report their trauma during service, which can complicate the process of establishing service connection years later.
However, the VA recognizes that MST is frequently undocumented and allows for alternative sources of evidence, such as statements from friends, family members, therapists, or fellow service members. Even changes in behavior, job performance, or substance use after the trauma may help support a claim.
Unfortunately, VA reviewers sometimes misunderstand the nature of trauma-related symptoms, or dismiss them due to a lack of in-service records. This often leads to initial denials or low disability ratings. Veterans who have already filed but were denied—or who feel their rating does not reflect the severity of their condition—have the right to appeal. That’s where experienced legal representation becomes essential to present a comprehensive, well-supported case.
Why MST-Related Claims Are Denied or Underrated
Even though the VA has relaxed evidentiary standards for MST claims, Veterans still face steep barriers. Some of the most common reasons for denial or low ratings include:
Lack of Documentation
Unlike combat injuries, MST is rarely documented in service records. Survivors may not have reported the incident at the time due to fear, shame, retaliation, or mistrust of the system. The VA may deny a claim due to “insufficient evidence,” despite the Veteran’s truthful account.
No Recognized Stressor Markers
The VA requires signs, or “markers,” that suggest the trauma occurred—such as sudden declines in performance, requests for transfer, or behavioral changes. When these are missing or misinterpreted, the claim may be rejected.
Inadequate C&P Exams
Compensation and Pension (C&P) examiners sometimes minimize the severity of symptoms or fail to ask the right questions. If the examiner dismisses the link between the condition and MST, the VA may use that opinion as grounds for denial.
Misapplication of Diagnostic Criteria
Mental health conditions must meet specific diagnostic criteria to be rated. The VA may argue that the Veteran’s symptoms do not meet the threshold for PTSD or assign a low rating based on selective evidence.
How VA Rates MST-Related Disabilities
MST-related conditions are evaluated based on the underlying diagnosis—most often under the VA’s General Rating Formula for Mental Disorders found in 38 CFR § 4.130. This formula applies to conditions such as PTSD, anxiety, depression, and other psychiatric disorders resulting from Military Sexual Trauma. Ratings are assigned at 0%, 10%, 30%, 50%, 70%, or 100%, depending on how significantly the condition impairs occupational and social functioning.
- A 30 percent rating might reflect mild to moderate symptoms, such as chronic sleep disturbance, occasional panic attacks, or difficulty with social interaction, but the Veteran is generally able to function independently.
- A 50 percent rating is appropriate when a Veteran experiences more frequent and disruptive symptoms that lead to reduced reliability and productivity. This can include frequent panic attacks, difficulty understanding complex commands, impaired judgment, or noticeable disturbances in mood and motivation.
- A 70 percent rating is often warranted when symptoms cause significant challenges in daily life, including an inability to maintain relationships, poor impulse control, suicidal ideation, or frequent job instability.
- A 100 percent rating applies in cases of total occupational and social impairment. This level is often appropriate for Veterans—particularly MST survivors—who are unable to maintain employment or meaningful relationships due to the severity of their mental health symptoms.
Importantly, the VA does not rate based solely on diagnosis. Two Veterans with the same condition—such as PTSD—can receive very different ratings based on how the condition affects their day-to-day life. Appealing an underrated condition requires careful documentation of how the disorder limits the Veteran’s ability to work, manage responsibilities, and engage socially. Functional impairment—not just medical terminology—is central to a successful rating. Medical evidence, therapy notes, personal statements, and input from loved ones all play a role in presenting the full impact of MST-related conditions.
Appealing a Denied MST-Related Claim
If your MST-related claim has been denied or your rating is too low, you have options. But appeals require specific knowledge of both legal standards and trauma-sensitive care. Here’s what the appeals process may involve:
Reviewing the VA Decision
The first step is understanding why the VA denied your claim. Did they say there was no stressor? Did they reject the C&P findings? Did they apply the wrong rating criteria? Pinpointing these errors is essential to building a strong appeal.
Developing a Better Record
This may involve gathering new medical opinions, therapy records, or personal statements. A legal team can help identify credible markers or behavioral signs that indicate the trauma occurred—even without official documentation.
Strengthening the Nexus
A successful appeal often hinges on a well-written nexus letter—a medical opinion that connects the current diagnosis to MST. This letter must explain not just that the Veteran has PTSD or depression, but that the condition was caused or worsened by sexual trauma during service.
Submitting Lay and Buddy Statements
Statements from family, friends, or fellow service members can support the Veteran’s account. These may describe observed changes in behavior, withdrawal, panic attacks, or other symptoms that appeared after the trauma.
Managing the Appeals Process
There are several appeal lanes available—supplemental claims, higher-level review, or a Board of Veterans’ Appeals hearing. Each has its own procedures, timelines, and strategic considerations. An attorney ensures every step is completed correctly and on time.
How a VA Disability Lawyer Helps MST Survivors
Appealing an MST-related VA claim is a deeply personal and legally complex process. Veterans Law Group provides trauma-informed legal representation that respects the dignity and experiences of each client. We offer support in key areas such as:
Identifying Legal and Procedural Errors
Our attorneys analyze denial letters to determine whether the VA overlooked evidence, ignored regulatory guidance, or failed to properly evaluate stressor markers and symptoms.
Coordinating Trauma-Informed Medical Support
We help Veterans obtain mental health evaluations or nexus opinions from providers who understand MST. These evaluations are carefully framed to meet VA evidentiary standards and avoid re-traumatization.
Building a Strong Functional Narrative
Beyond diagnosis, we gather evidence about how the condition impacts the Veteran’s life—such as work history, isolation, panic attacks, or inability to maintain relationships. These real-life consequences matter when determining the appropriate rating.
Pursuing TDIU for Survivors Who Cannot Work
For Veterans whose MST-related condition prevents them from holding a job, we develop appeals for Total Disability based on Individual Unemployability (TDIU). This benefit pays at the 100% level—even if the Veteran’s individual ratings are lower.
Handling Every Step of the Appeal
We file appeal forms, prepare Board hearing arguments, and ensure every deadline is met. Our role is to carry the legal burden—so survivors can focus on healing.
What MST Survivors Can Do to Strengthen Their Appeal
Even with legal representation, there are several important steps that MST survivors can take to strengthen their appeal and improve the likelihood of receiving a favorable decision from the VA.
Seek Consistent Mental Health Treatment
Ongoing therapy and psychiatric care are crucial—not only for your healing but also for your claim. Regular sessions with a psychologist, psychiatrist, or counselor provide a timeline of symptoms, treatment response, and ongoing impact. If you’re receiving care outside the VA system, be sure to request your treatment records and share them with your legal team.
Write a Personal Statement
While reliving trauma can be painful, a personal statement in your own words can be powerful evidence. Focus on how the experience changed your life—emotionally, socially, and professionally. You are not required to go into graphic detail; even a general account of what happened and its consequences can help establish the emotional and psychological toll of MST.
Identify Behavioral Markers
If official records lack direct documentation of the incident, indirect evidence—called “markers”—can support your case. These include sudden disciplinary issues, performance declines, requests for transfer, unexplained medical visits, or changes in behavior after the incident. Identifying and documenting these events can help the VA recognize the connection between the trauma and your condition.
Involve Trusted Witnesses
Ask those closest to you—spouses, friends, therapists, or former coworkers—to describe the changes they’ve observed in you. Statements that illustrate personality shifts, isolation, depression, or emotional volatility carry weight, especially when supported by medical documentation.
Act Promptly
VA appeals are subject to strict deadlines. File within one year of a denial to protect your original effective date. Early action also ensures medical and testimonial evidence is fresh and accessible. Delaying an appeal may result in loss of retroactive benefits or having to start the process over from the beginning.
The Importance of Trauma-Informed Legal Support
Survivors of Military Sexual Trauma often carry more than just symptoms—they carry the weight of being disbelieved, dismissed, or retraumatized by the system. Appealing a denied MST-related claim is about more than paperwork. It’s about being heard, being validated, and receiving justice for what was endured.
At Veterans Law Group, we approach each MST case with compassion, confidentiality, and determination. We understand the sensitive nature of these claims and are committed to creating a safe space where Veterans can advocate for themselves with skilled support.
You don’t have to go through this alone.
Contact Veterans Law Group for Help with Your MST Appeal
If your MST-related disability claim has been denied or rated too low, Veterans Law Group is here to help. We focus exclusively on VA disability appeals and have decades of experience representing Veterans with complex psychological and trauma-related cases.
Let us help you fight for the benefits and respect you deserve. Contact us today for a free case review—and take the next step toward healing and justice.
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