How to Make a PTSD Disability Claim

Thanks to the #MeToo movement and the advocation of human rights leaders, American society has become much more comfortable talking about sexual harassment and sexual assault. The U.S. military has also taken these subjects seriously, acknowleding its prevalence and offering options to the veteran population who live with sexual trauma. Victims of sexual assault or harassing conduct can receive free care to deal with the fallout from this sexual trauma. In certain situations, you might also qualify for disability benefits. Qualifying Sexual Trauma Veterans Affair (VA) benefits are available for those who suffered military sexual trauma (MST). MST definition includes repeated threatening sexual harassment or sexual assault like rape. Apart from those requirements, VA puts very few limitations on who can qualify. For example: You qualify for care even if you did not report the incident at the time it occurred You qualify regardless of your length of service You qualify regardless of your income You do not need a specific diagnosis like posttraumatic stress disorder to receive free care The trauma can have occurred on or off the military base You qualify for free care regardless of whether you were on or off duty when the trauma occurred You qualify whether you are a man or woman and regardless of the gender of the perpetrator Furthermore, you do not need to disclose the identity of the perpetrator to receive this care from the VA. Applying for Free Care You can receive care by contacting one of the following: The Military Sexual Trauma Coordinator at your local VA facility The Women Veterans Program Manager at the nearest VA facility Your current VA doctor or health care provider Applying for a Service-Connected Disability The free care program is distinct from the disability benefits program. However, it is possible that you might also qualify for monthly disability benefits if you suffered military sexual trauma. Benefits are not awarded for the sexual trauma itself but for any mental or physical suffering as a result of the trauma. For example, many service members who experience sexual trauma suffer from posttraumatic stress disorder (PTSD). Unlike the free care described above, to qualify for benefits you must have suffered trauma while on active duty, active duty for training, or inactive duty training. The VA rating for this trauma can vary between 0-100% depending on the severity of the occurence and its ability to inhibit everyday activities. To qualify for benefits, you will need to introduce evidence to support your claim. Direct evidence such as contemporaneous reports of the assault or harassment are certainly helpful but not required. The VA has relaxed the evidentiary standards for MST and will look for certain symptoms of harassment or assault—which include, among others: Tests for sexually transmitted diseases Pregnancy tests Divorce or other relationship problems Depression, panic attacks, or anxiety Work performance that declines over time Statements and stories from people who know you, such as family, fellow servicemembers, and counselors Substance abuse problems Sexual dysfunction VA introduced the relaxed evidentiary standards in December 2011, so those who had their MST claims denied prior to that point can reapply. They may also introduce additional evidence to an existing claim if other signs of trauma have manifested. Speak with a Chicago Veterans Disability Benefits Lawyer The VA’s focus on sexual assault and harassment in the military is welcome news to the thousands who have suffered over the years. Fortunately, help is now available. If you think you might qualify for disability benefits, or if you have been denied, the Comerford Law Office can help. James R. Comerford is a VA-accredited attorney with decades of experience helping veterans in the Chicago area unlock the benefits they deserve. To schedule your free consultation, visit online or call today at 423-269-2222.

Military service is stressful and traumatic, and, fortunately, the VA now acknowledges that this stress and trauma have long-term effects on veterans. If you are a Chicago, IL veteran suffering from PTSD, generalized anxiety disorder (GAD), or any other similar issue, talk to a veterans' benefits lawyer to get the help you need to claim the benefits you are owed. How to Claim VA Benefits for Anxiety Disorders Talk With a Chicago, IL Veterans' Benefits Lawyer The first step is to speak with a lawyer who has experience dealing with the VA. Even though the VA now acknowledges that veterans do suffer mental health disorders because of the trauma of their service, it's still not easy to get the benefits you are owed. You'll need to fill out lots of paperwork and attach all the proof the VA requires to get the proper rating. This can be difficult to do even under the best of circumstances, and if you're suffering from panic disorder, social anxiety disorder, PTSD, or other issues, it can feel so overwhelming that you don't want to even try. By contacting a lawyer with experience, you get someone on your side taking care of the legalities and communication on your behalf. Work With Your Lawyer to Determine If You Meet the Criteria You'll need to talk with someone who has experience and get evidence from your doctor to show that you meet three key criteria: You Have a Current Diagnosis First, you must have a current medical diagnosis. This must be in your medical records, either with a private medical service or in your service treatment records or VA records. You Can Show a Service Connection... The second criterion is to show that your anxiety was either caused by your military service or made worse by it. You'll need to be able to show either a direct or a secondary connection. For a direct connection, you would need to show evidence of a specific event that caused or worsened your anxiety issue. This would be, for example, proof that you were in combat. Along with that, you'll need to show a medical opinion that it is more likely than not that your time in the service either caused or worsened the issue. A secondary connection is where you have developed an anxiety disorder as a result of some other service-related disability. For example, if you suffered injuries that now cause you chronic pain, and if this chronic pain has caused you to develop an anxiety disorder, this would be a secondary connection....Or, You Can Show Aggravation of a Pre-Existing Condition You can also collect benefits if you can show that your anxiety was worsened by your service. You will have to be able to show that what you're suffering is not just the natural progression of your disorder but has actually been made worse by your service. Talk to us today at the Comerford Law Office in Chicago, IL for experienced help. We also serve veterans in Jonesborough, TN and Highland, IN.