VA Mental Health MST Claim Denied

MST AND PERSONAL ASSAULT CLAIMS

The Department of Veterans Affairs (VA) refers to experiences of sexual assault or repeated, threatening sexual harassment that a Veteran experienced during their military service. The definition used by the VA comes from Federal law (Title 38 U.S. Code 1720D). It is "psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty, active duty for training, or inactive duty training.

Veterans should seek the assistance of an Accredited VA Disability Advocate because we provide expert guidance through the complex VA claims process, ensuring all necessary evidence is gathered and presented effectively. Our advocates are trained to identify and link service-related conditions, increasing the likelihood of a successful claim. Additionally, we offer personalized support and representation, helping veterans navigate appeals and secure the benefits they deserve.

Sexual harassment is further defined as "repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character."Military Sexual Trauma (MST) includes any sexual activity where a Service member is involved against their will - they may have been pressured into sexual activities (for example, with threats of negative consequences for refusing to be sexually cooperative or with implied better treatment in exchange for sex), may have been unable to consent to sexual activities (for example, when intoxicated), or may have been physically forced into sexual activities. Other experiences that fall into the category of Military Sexual

Trauma (MST) include:

Unwanted sexual touching or grabbing
Threatening, offensive remarks about a person's body or sexual activities
Threatening and unwelcome sexual advances

When pursuing claims for Military Sexual Trauma (MST), it's essential to provide the Department of Veterans Affairs (VA) with detailed documentation to substantiate your claim. Here, we outline crucial forms that play a pivotal role in this process, highlighting the importance of a comprehensive statement detailing the traumatic event. Without such a statement, the VA may not fully consider your claim or proceed with scheduling an examination. Below are key forms and guidance on their use:

MST (Military Sexual Trauma)

Evidence: The incident does not need to be reported when it occurs. However, evidence or "markers" such as changes in performance, requests for transfers, or statements from peers can support the claim.
Diagnosis: A current psychological diagnosis that can be linked to the MST experience.
Nexus: Proof of a link between the MST and the current psychological diagnosis.

Personal Assault in the Military

Anyone Service-Member Can Be a Victim

Many soldiers don't know how to report incidents of personal assault due to fear of the command or because they believe it's their fault and worry that they won't be believed. Depending on the era, there may not have been a clear protocol for reporting such incidents without the risk of further hazing or being singled out as a snitch. Even though the assault occurred, commands often deny it, and witnesses are reluctant to support the veteran's story due to fear of physical threats or retaliation. Despite these challenges, it's crucial to remember that even if the assault wasn't reported or taken seriously, veterans can still file a claim. A strong statement is required to detail the incident, as the VA will consider all available evidence to provide the benefits and support deserved.

Personal Assault

Reporting: Similar to MST, official reporting of the assault at the time it occurred is not mandatory, but supportive evidence or "markers" are beneficial.
Diagnosis: A current diagnosis related to the assault, such as PTSD or other psychological conditions, by a qualified professional.
Nexus: Documentation or evaluation showing the connection between the assault and the diagnosed condition.

VA Mental Health Rating Schedule

The VA (U.S. Department of Veterans Affairs) disability rating schedule for mental health conditions is based on the VA's General Rating Formula for Mental Disorders. It outlines the criteria used to assess the level of disability due to mental health conditions. Here's a summary:

0% Rating Criteria (Mental Condition Diagnosed, but Symptoms are Not Severe Enough to Interfere with Occupational and Social Functioning or to Require Continuous Medication)

Mental Health Condition Diagnosed: The veteran has a diagnosed mental health condition that is acknowledged by the VA but does not cause significant impairment in daily life or work functioning.

10% Rating Criteria (Occupational and Social Impairment Due to Mild or Transient Symptoms)

Symptoms Controlled by Continuous Medication: The veteran's symptoms are mild and are effectively managed with ongoing medication, allowing them to function normally.
Symptoms that Decrease Work Efficiency During Stress: The veteran may experience a slight reduction in work performance and efficiency during particularly stressful periods, but generally functions well.

30% Rating Criteria (Occupational and Social Impairment with Occasional Decrease in Work Efficiency and Intermittent Periods of Inability to Perform Occupational Tasks)

Depressed Mood: The veteran frequently experiences a pervasive low mood, which can impact their ability to engage in daily activities.
Anxiety: The veteran feels excessive worry or fear that occurs frequently enough to cause occasional disruptions in their daily routine.
Suspiciousness: The veteran has an exaggerated sense of mistrust towards others, often leading to strained relationships and social isolation.
Panic Attacks (Weekly or Less Often): The veteran experiences sudden episodes of intense fear or discomfort, occurring weekly or less frequently.
Chronic Sleep Impairment: The veteran has persistent difficulties with sleep, such as insomnia or frequent awakenings, which negatively affect daytime functioning.
Mild Memory Loss: The veteran experiences occasional forgetfulness, such as difficulty remembering names, directions, or recent events.

50% Rating Criteria (Occupational and Social Impairment with Reduced Reliability and Productivity)

Flattened Affect: The veteran shows a reduced range of emotional expression, often appearing indifferent or unresponsive to emotional situations.
Circumstantial, Circumlocutory, or Stereotyped Speech: The veteran's speech may be overly detailed, meandering, or follow a repetitive pattern, making communication less effective.
Panic Attacks More Than Once a Week: The veteran frequently experiences episodes of intense fear or discomfort, occurring more than once a week.
Difficulty in Understanding Complex Commands: The veteran struggles to follow and process multi-step instructions, which can hinder performance in tasks requiring higher cognitive function.
Impairment of Short- and Long-Term Memory: The veteran has significant difficulty retaining new information or recalling previously learned material, impacting daily activities.
Impaired Judgment: The veteran may make poor decisions due to their condition, leading to negative outcomes in personal and professional life.
Impaired Abstract Thinking: The veteran finds it difficult to think conceptually or understand complex ideas, affecting problem-solving abilities.
Disturbances of Motivation and Mood: The veteran experiences persistent lack of motivation and significant mood swings, affecting their overall productivity and relationships.
Difficulty in Establishing and Maintaining Effective Relationships: The veteran struggles to form or maintain meaningful connections with others, often leading to social isolation.

70% Rating Criteria (Occupational and Social Impairment, with Deficiencies in Most Areas)

Suicidal Ideation: The veteran has thoughts of suicide, reflecting a severe level of distress and mental health crisis.
Obsessional Rituals Which Interfere with Routine Activities: The veteran engages in repetitive behaviors or rituals that significantly disrupt daily life and routines.
Speech Intermittently Illogical, Obscure, or Irrelevant: The veteran's speech may become disorganized or difficult to understand, affecting effective communication.
Near-Continuous Panic or Depression: The veteran experiences almost constant anxiety or depression, severely impacting their ability to function independently.
Impaired Impulse Control: The veteran has difficulty controlling emotional responses, leading to outbursts or unprovoked irritability, sometimes with violent consequences.
Spatial Disorientation: The veteran becomes easily confused about their surroundings, leading to difficulty navigating or recognizing familiar places.
Neglect of Personal Appearance and Hygiene: The veteran may fail to maintain basic hygiene or grooming, indicating a significant decline in self-care.
Difficulty in Adapting to Stressful Circumstances: The veteran struggles to cope with stress, particularly in work or social situations, leading to further impairment.
Inability to Establish and Maintain Effective Relationships: The veteran is unable to form or sustain meaningful personal or professional relationships, leading to significant isolation.

100% Rating Criteria (Total Occupational and Social Impairment)

Gross Impairment in Thought Processes or Communication: The veteran's ability to think clearly or communicate effectively is severely impaired, leading to a near-total breakdown in functional abilities.
Persistent Delusions or Hallucinations: The veteran experiences ongoing false beliefs or sensory perceptions, such as hearing voices or seeing things that are not there, which severely impact reality.
Grossly Inappropriate Behavior: The veteran may exhibit extreme and socially unacceptable behavior, indicating a severe mental health crisis.
Persistent Danger of Hurting Self or Others: The veteran poses a constant risk of harm to themselves or others, necessitating immediate intervention.
Intermittent Inability to Perform Activities of Daily Living: The veteran may be unable to perform basic self-care tasks, such as eating, dressing, or maintaining hygiene, on a regular basis.
Disorientation to Time or Place: The veteran frequently becomes confused about where they are or what time it is, leading to severe functional impairment.
Memory Loss for Names of Close Relatives, Own Occupation, or Own Name: The veteran experiences profound memory loss, including the inability to recall critical personal information, indicating severe cognitive decline.

Essential VA Forms: Personal Assault and MST Claims

(Current Clients Can Click to File)

VA Form 21-0781-PTSD and Personal Assault

Click to File Specifically designed for survivors of MST or personal assault, this form guides you through providing a detailed account of the incident(s), including any available evidence or reports. Eligibility: Veterans experiencing symptoms related to personal assault or MST during military service.

VA Form 21-10210: Lay Witness Statement

Click to File This form supports your claim by allowing friends, family, or fellow service members to provide their observations. These statements can corroborate your account of the traumatic event and its impact on your life. Importance: Offers additional evidence through personal accounts, reinforcing the validity of your experience and claims.

VA Form 21-4138: Statement in Support of Claim

Click to File An additional tool for veterans to provide personal statements, clarify their situation, and detail the impact of PTSD or MST on their lives. Usefulness: Allows for a personal narrative that might not fit the structured format of other forms, offering a platform for a heartfelt and detailed account.

Guidance on Writing a Statement:

Providing a coherent and detailed account of the traumatic event and its aftermath is crucial for those who prefer or need to write a statement independently. A well-written statement can significantly support your claim. How to Write a Statement Key Elements: Describe the incident clearly, including dates (if possible), locations, and the effect on your mental and physical health. It's essential to articulate the connection between your service and the MST symptoms you're experiencing. The more information you can provide, the better the VA can understand and process your claim.

For more information, Veterans can:

Speak with their existing VA health care provider.
Contact the Veterans Crisi Line - 1-800-273-8255 Coordinator at their nearest VA Medical Center.
MST Call Safe Helpline at 1-877-8387 to get confidential one-on-one help. Safe Helpline provides 24 hours a day, seven days a week, sexual assault support for the Department of Defense community.
Contact their local Vet Center.
Veterans should feel free to ask to meet with a provider of a particular gender if it would make them feel more comfortable.
Military Sexual Trauma Coordinators - https://www.benefits.va.gov/benefits/mstcoordinators.asp

SAMPLE STATEMENTS

MST UNWANTED SEXUAL ATTENTION

Statement Regarding Military Sexual Trauma

I, [Veteran's Name], wish to provide this statement to recount the series of events involving my supervisor, SSG Sleaz, that have caused me ongoing emotional distress.

While serving, SSG Sleaz often complimented my work and occasionally allowed me to skip some extra duties assigned to my position. At times, he would call my private cell phone after hours to chat. I initially believed he was genuinely interested in my growth as a soldier and wanted to help me improve.

However, things began to change when he started asking me to stay after hours to help him with reports. One evening, he began sharing stories of his past sexual partners and asked about my preferences. This conversation made me uncomfortable, so I requested we change the topic, and he complied.

The next incident happened at an after-hours unit gathering where he brought up the same inappropriate conversation in front of other soldiers. When he asked me to stay late again, I made up a family emergency. I was too scared to say anything to anyone because he was my supervisor, and it was known that he favored me over others.

As I continued to decline to stay late with various excuses, he threatened me with a counseling statement. This has weighed heavily on my mind, and to this day, I still freeze up with the memory of being helpless when I'm alone with a supervisor.

In my current job, I have to work closely with mostly men. When they stand around the water cooler discussing their week's activities, I find myself sitting in the women's stall because I'm having a panic attack. This anxiety, coupled with panic attacks and depression, continues to impact my ability to work effectively and form healthy working relationships with men.

Name

SSN

Signature

MST and Personal Assault C&P Exam

When preparing for a VA mental health examination concerning Military Sexual Trauma (MST) or personal assault, veterans should be equipped with specific considerations to effectively convey the impact of these events on their mental health. Here’s a guide tailored to these sensitive and significant circumstances:

Document the Incident: Provide a detailed account of the MST or personal assault incident(s), including any available dates, locations, and descriptions. Documentation might not always include official reports, as many incidents go unreported, but personal journals, emails, or statements from peers who were aware of the aftermath can be useful.

Discuss the Impact: Clearly describe how the MST or assault has affected your mental health. This discussion should include symptoms that appeared or intensified following the incident, such as anxiety, depression, PTSD, trust issues, and other emotional or psychological impacts.

Link to Current Symptoms: Make a direct connection between the incident and your ongoing mental health challenges. Explain how specific events during service have led to or exacerbated your current symptoms.

Psychological DBQ's

Other Essential Advice for the Exam

Be Honest and Open. It’s critical to be candid about your experiences and symptoms. Accurately reporting your condition helps ensure the assessment reflects your true needs.
Prepare for Emotional Challenges: MST and personal assault discussions can be deeply distressing. Consider speaking with a therapist or counselor before and after the exam to help manage the emotional toll.
Purpose of the Exam: Understand that the goal of the exam is to assess how the MST or assault impacts your life today, which helps in determining the appropriate level of VA benefits. The focus is on the current impact rather than validating whether the incident occurred.
Right to Support: You can bring someone you trust to the exam for support, whether it’s a friend, family member, or an advocate from a Veterans Service Organization (VSO).
Follow up Proactively: After the exam, contact the VA regarding your claim’s progress and actively seek information on further actions or decisions.
Ongoing Support: Independent of the claim’s outcome, it's important to pursue ongoing support for mental health. Engaging with support groups, professional counseling, and community resources can be vital in managing health and recovery.

The Disability Advocate's Notes:

When pursuing a claim related to Military Sexual Trauma (MST) and personal assault, it's essential to compile a detailed account of the incident(s) and their profound impact on your mental and physical well-being. Given the sensitive and complex nature of these claims, documenting supportive evidence is crucial. This might include any reports made, records from medical or psychological treatment related to the trauma, and statements from individuals who were either aware of the incident or noticed changes in your behavior afterward. Crafting a personal statement that candidly discusses the experiences of MST and personal assault, along with the adverse effects on your daily life, professional capabilities, and interpersonal relationships, is vital.

Given the complexities and nuances of filing MST and personal assault claims, seeking assistance from an accredited agent experienced in veterans' benefits is strongly advised. Such professionals are adept at navigating the VA system, ensuring that your claim is both comprehensive and presented with the utmost respect for your personal experiences. They can also provide invaluable support by guiding you towards additional resources and advocating for your rights, helping to secure the recognition and benefits you deserve while maintaining your dignity throughout the process.

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What Happens Once the C&P Exam is Complete

After completing your Compensation and Pension (C&P) exam, the next steps involve a review and decision-making process by the VA to determine your disability rating and benefits. Here's an overview of what you can expect:

Examination Report and Review:

Examiner's Report: The examiner will compile a detailed report based on the findings from your C&P exam. This report includes your medical history, the results of the physical examination, and any diagnostic tests performed. The examiner will also assess your condition, noting the severity, symptoms, and how the condition impacts your daily life and work.

Submission to VA: The completed report is sent to the VA Regional Office handling your claim. This report becomes part of your official VA file and is reviewed along with your other medical records and evidence submitted in support of your claim.

Second Opinions and Delays: After the veteran's exam is complete and the examiner submits their report to the VA, the VA may send the report back for corrections, clarification, or a second opinion if it finds the report incomplete or unclear. This process can delay your claim, as the VA requires thorough and accurate information to make a decision. Your claim will only move to the decision phase once the VA is satisfied with the evidence and documentation provided. This ensures that all aspects of your condition are thoroughly considered, ultimately impacting the outcome of your claim.

The VA Disability Advocates Main Office is Located in Las Vegas, NV. We Represent Veterans Throughout the United States. 702-992-4883