Military Sexual Trauma Care and Benefits

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.

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