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Filing a VA disability claim for Military Sexual Trauma (MST) can be challenging under any circumstances. But for many veterans, the most difficult barrier isn’t the trauma itself, but instead the time that has passed since the incident. When there are no police reports, no witness statements, and no immediate medical records, it can feel like proving you were assaulted is difficult. In reality, you still have the option to pursue VA disability benefits based on the conditions that stem from your sexual assault.
Before you assume your “cold” claims will never be strong enough for benefits, let our team answer your questions about what kinds of alternative documentation the VA accepts, how the MST VA rating process works, and how you can still build a strong case.
Understanding “Cold” Evidence in MST Claims
The term “cold” evidence refers to the absence of documentation of your sexual assault that was contemporaneous with the time of the attack. For example, if you were assaulted during your military service but didn’t report it to command, didn’t seek medical attention, or weren’t believed at the time, you may lack the immediate paper trail the VA typically relies on. This doesn’t mean your claim is unwinnable, it just means the VA must assess it through a different lens.
The unique nature of MST cases led the VA to adopt a more flexible standard for evaluating sexual assault claims. Recognizing that fear, shame, retaliation, and stigma often prevent service members from reporting abuse, the VA allows MST claims to be supported by what are known as “markers.” These are indirect signs or circumstantial evidence that something traumatic happened, even if the actual event was never formally documented.
What the VA Considers in Cold MST Cases
When evaluating a claim for PTSD or another mental health condition related to MST, the VA looks for evidence of three things:
1. A current diagnosis of a compensable mental health condition.
2. An in-service event or stressor.
3. A nexus between the event and the current condition.
In MST cases, the second element—the in-service stressor—is the most difficult to prove as time goes on. Since the VA understands that direct documentation is rare, it has directed its adjudicators to look for alternative sources that support the credibility of your claim.
Examples of acceptable “markers” include sudden behavioral changes during service, requests for reassignment, deterioration in work performance, unexplained disciplinary actions, substance abuse, panic attacks, or mental health treatment. Statements from family, friends, or fellow service members may also help if they observed changes in your demeanor, mood, or functioning shortly after the time of the alleged assault.
The Role of Personal Statements
Your personal statement is a vital piece of your MST claim, especially when the evidence is cold. In many cases, the veteran’s written narrative serves as the core of the claim. You’ll need to describe what happened, where it occurred, any prior relationship to the perpetrator, and how the trauma affected you then and now.
The VA does not require that you recall every detail, nor does it expect you to provide names, serial numbers, or official records. What’s most important is that your account is clear, credible, and consistent.
Veterans often feel unsure about writing such a statement. You may worry about triggering emotions or being judged. But rest assured—your words are meaningful and can carry real weight in the VA’s evaluation process. Be honest about what you remember, and explain how it shaped your mental health.
How the MST VA Rating Works
Unlike physical injuries, there is no separate diagnostic code for MST. Instead, the VA assigns disability ratings based on the resulting mental health condition, which is most often PTSD, anxiety disorder, or major depressive disorder. Your MST VA rating will depend on the severity of your symptoms and how they impact your daily functioning.
Ratings typically fall into the following tiers:
- 10%: Mild symptoms that affect functioning only during periods of stress.
- 30%: Occasional decrease in work efficiency with intermittent periods of inability to perform occupational tasks.
- 50%: Reduced reliability and productivity, with frequent panic attacks, impaired judgment, or mood instability.
- 70%: Serious impairment in most areas of life, including work, relationships, and self-care.
- 100%: Total occupational and social impairment.
A rating of 10% is the lowest possible option, while a rating of 100% will pay out the maximum benefits allowed by the VA. For veterans whose symptoms have escalated over time, obtaining the right rating often depends on documenting how your condition has worsened.
Addressing the Delay in Reporting
One of the most common reasons MST claims are denied is the perceived delay between the incident and the diagnosis or first mention of symptoms. VA adjudicators sometimes misinterpret this delay as evidence that the trauma didn’t happen or wasn’t serious.
However, the VA’s own guidance acknowledges that delayed disclosure is common among sexual trauma survivors. Veterans should not be penalized for struggling in silence. If your claim involves a significant gap between the assault and your diagnosis, explain why.
You may want to include this context in your personal statement or provide it as a supplemental explanation. Supporting letters from mental health professionals can also explain why the delay is typical of trauma-related conditions.
The Power of Lay Evidence and Buddy Statements
When you lack medical records or formal complaints from your time in service, the testimony of others can be invaluable. A lay statement, or buddy statement, is a written account from someone who knows you and can attest to your behavioral changes or psychological symptoms.
These statements do not need to come from witnesses to the assault itself. Rather, they should focus on what the person observed in you during or shortly after your military service. For example, they might describe how you became more withdrawn, experienced panic attacks, struggled to hold a job, or developed substance use problems.
When possible, the statement should include the time frame in which they observed the changes and any specific events or conversations that stood out. While lay evidence can’t replace medical documentation, it adds important context and emotional depth to your claim, especially in cases where the evidence has gone cold.
When to Seek a Nexus Letter
A nexus letter is a document written by a licensed medical provider—typically a psychologist, psychiatrist, or other mental health specialist—that explicitly links your current condition to your MST experience. This letter explains that, in the professional’s opinion, it is “at least as likely as not” that your mental health disorder is related to the trauma you experienced during service.
In cold MST cases, a nexus letter can be the deciding factor. It helps bridge the gap between your past trauma and current diagnosis, particularly when other forms of documentation are thin.
If you’ve already received a mental health diagnosis from a VA provider, you can ask that provider to write the letter. If they are unwilling, consider working with a private medical expert who is experienced in VA disability evaluations. While there may be a cost involved, a well-written nexus letter can significantly improve your chances of securing the MST VA rating you deserve.
You Are Not Alone
It’s important to know that your experience matters, even if years have passed and even if no one believed you when it happened. The VA has made strides in recognizing the unique challenges of MST claims, and while the process still isn’t perfect, many veterans have successfully secured compensation based on cold evidence.
There is no statute of limitations for filing a VA claim. Whether the assault occurred five years ago or fifty, you still have the right to seek benefits and care for the injuries you sustained. The path forward may involve some painful steps, but you are not alone. There are resources, advocates, and professionals ready to stand with you.
Talk to Gang & Associates Today
Veterans who experience Military Sexual Trauma often carry the burden in silence, especially when their cases lack the kind of clear-cut evidence found in other service-related injuries. But just because your records are cold doesn’t mean your trauma is any less valid, or that your claim is any less worthy.
Building a successful case means providing credible, consistent documentation of both your experience and its long-term effects. Whether through personal statements, lay evidence, behavioral markers, or a professional nexus opinion, the VA gives you tools to prove what happened and how it changed you.
If you’re pursuing an MST VA rating based on old or missing records, let the team of Gang & Associates help. We can assist with an appeal following a denial or a disappointing award. Contact us today to learn more.