Best Types of Evidence to Include in MST Disability Claims

Military sexual trauma (MST), including sexual assault or harassment during military service can have a devastating and often lifelong impact on survivors. MST is frequently associated with the development of PTSD, depression, anxiety, and other mental health disorders that significantly disrupts one’s overall emotional and physical wellbeing. Veterans may qualify for up to 100% disability if they can link their current disiability(ies) to MST suffered in service.  

Unfortunately, many veterans never report incidents of sexual assault or harassment due to stigma, fear of retaliation, or concerns that their careers may be negatively affected. As a result, direct evidence can be scarce. The VA recognizes this reality and allows veterans to submit various forms of indirect evidence, or “markers,” to support their MST-related disability claims.

Behavioral Markers of MST

Many servicemembers exhibit noticeable behavioral changes after an incident of sexual assault or harassment. The VA acknowledges that these shifts can serve as indirect evidence of MST. Some behavioral markers that may support an MST claim include:

• Requests for Transfers: Records of requests for transfer to a different unit, base, or duty station could indicate an attempt to escape an unsafe environment.

• Deterioration in Work Performance: A decline in job performance, sudden disciplinary issues, or negative changes in evaluations may be linked to the emotional and psychological distress caused by MST.

• Substance Abuse or Self-Destructive Behavior: Veterans struggling with MST-related trauma may turn to alcohol or drugs as coping mechanisms. Statements from fellow service members or disciplinary records can provide evidence of this type of behavioral change.

• Avoidance of Military Situations or Events: Avoiding previously enjoyed activities, isolating from colleagues, or refusing deployment may indicate MST-related distress.

• Unexplained Relationship or Marital Problems: Sudden difficulties in personal relationships, such as divorce or estrangement from family, could signal underlying trauma.

Lay Statements and Buddy Statements

Since military sexual harassment and assault are often underreported, testimony from friends, family members, fellow service members, or other acquaintances can be crucial in establishing a claim.

The VA accepts lay statements from individuals who have observed changes in the veteran’s behavior or whom the veteran confided in about an incident. These statements can describe:

• Specific instances where the veteran discussed threats, harassment, or assault.
• Observations of the veteran’s emotional distress, isolation, or substance use
• Changes in mood, behavior, or personality during military service
• Any direct knowledge of the incident, such as witnessing harassment or assault

Medical and Mental Health Records

Medical and mental health records can be powerful evidence in an MST claim. Veterans should submit any documentation showing they sought medical or psychological care related to their experience. Relevant records include:

• Military Medical Records: Any visits to military healthcare providers for physical injuries, sexually transmitted diseases (STDs), or gynecological issues may indicate MST.

• Civilian Medical Records: Veterans who sought medical care after discharge should include any relevant records that document MST-related health conditions, such as STDs, pelvic inflammatory disease (PID), chronic pelvic pain, menstrual irregularities, pregnancy difficulties, or fertility complications.

• Mental Health Evaluations: Psychological assessments diagnosing conditions such as post-traumatic stress disorder (PTSD), depression, or anxiety linked to MST can serve as vital pieces of evidence.

• VA Medical Records: If a veteran has received mental health treatment or counseling through VA healthcare, these records can help demonstrate the long-term effects of MST.

Medical Nexus Letters for MST

A nexus letter is a written medical opinion from a qualified healthcare provider that connects a veteran’s current condition to their military service. The letter should clearly state that the veteran’s PTSD, depression, or other MST-related condition is “at least as likely as not” caused by their experiences during service.

When obtaining a nexus letter, veterans should seek providers who understand the VA disability claims process and can provide well-supported medical opinions. Most veterans obtain MST medical nexus letters through a VA disability lawyer specializing in MST.

Law Enforcement or SART Reports (If Available)

Although many MST survivors do not report their assault, those who do may have official documentation that strengthens their claim. Useful records include:

• Military Police or Civilian Law Enforcement Reports: Official reports of the incident reported to law enforcement can serve as direct evidence of MST.

• Sexual Assault Response Team (SART) Reports: Some military installations have SARTs that provide medical care and forensic examinations for sexual assault survivors.

Remember, the VA does not require official reports or direct evidence for a claim to be successful. Lay statements, buddy letters, and evidence of behavioral markers may provide enough evidence to support your MST disability claim.

Because MST claims can be complex, veterans should seek assistance from a VA disability lawyer experienced in preparing MST disability claims. These professionals help veterans gather evidence, obtain nexus letters, and navigate the VA claims process to increase their chances of a successful outcome.

To learn more about gathering evidence and preparing your MST disability claim, read our free eBook, MST Disability Claims: An Essential Guide for U.S. Veterans or contact us at 888.858.7785.