Sexual assaults can happen to anyone at any time in any place. Sadly, this includes the US military. Many victims are hesitant to report sexual assault due to fear or embarrassment; however, in recent years sexual assault in the military has been exposed as a major issue. While it is still estimated that many cases of sexual assault in the military go vastly unreported, the Department of Veterans Affairs has started to offer disability benefits for sexual trauma.

The VA’s official term for these events is “military sexual trauma” (MST). The VA defines MST as sexual assault or repetitive, threatening sexual harassment. Circumstances that typically qualify as sexual assault are:

Rape
Physical assault
Domestic Battering
Stalking

In order to qualify for MST benefits you must be able to prove the following;

You had an incident of military sexual trauma while on active duty
You are currently diagnosed with a mental or physical disability
Your disabilities were caused by, or were worsened by, the military sexual trauma you suffered while in the service

Unfortunately, simply being the victim of a sexual assault will not qualify you for disability benefits. Disabilities may include post-traumatic stress disorder (PTSD), depression, anxiety disorders, panic attacks, and substance abuse.

Thankfully, the VA does not require your service medical records to have any documentation of the harassment or assault. However, the VA does require some sort of proof the attack happened, and they accept the following form of proof;

Police records
Records from a rape crisis center
Pregnancy tests
Tests for sexually transmitted diseases
Statements from your friends in service, family members, counselors, or clergy
Personal journals you kept before and after the time of the trauma

In some cases you may need to provide some sort of proof that the MST affected your personality or behavior. The VA will accept the following as proof of behavioral changes.

Evidence of a drug or alcohol problem
Documentation that you requested a transfer
Marital or sexual difficulties
Incidents of depression or anxiety for which no other cause has been identified
Noticeable changes in job performance
Unexplainable changes in your social or economic behavior

If you have been dealing with a disability as a result of MST there is help available. Contact the office of Attorney Jan Dils for a free case evaluation.

HOW CAN WE HELP?

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