Military Sexual Assault Lawyer

The VA regulations speak to what is termed “personal assault”. This is an event of human design that threatens or inflicts harm. This could include a rape or a physical assault or harassment. Because of the personal nature of these types of incidents, these events are typically not officially reported and the victims of these types of assaults also may find it difficult to come forward with information. Therefore, it is critical in personal assault or military sexual trauma cases to look at alternative forms of evidence that could tend to establish that the in-service event took place. VA has an obligation to develop alternative sources of information. It is very important to note that VA must tell you what evidence other than the information found in your service records can be submitted, and to afford you the opportunity to submit such evidence.

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MST Claims

In other words, if there is no other official documentation proving that you were assaulted in some way, then you must look to the more circumstantial evidence as a means of establishing the fact that you were assaulted in some fashion. Examples of such evidence include: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals or physicians; pregnancy tests or tests for sexually transmitted diseases; statements from friends and family members, roommates or other fellow soldiers. Evidence of behavioral changes after the claimed assault is also important. Behavior change evidence can include requests to transfer, deterioration in work performance, the beginnings of substance abuse, or episodes of depression or anxiety, or unexplained economic or social behavior changes. There could be many other types of evidence that could tend to corroborate that a stressor of this nature took place. If you are the victim of some type of personal assault during military service, you should know that there may be assistance available and you should be prepared to look to alternative forms of evidence to prove that this stressor took place. If you have been denied service connection for a personal or military sexual assault, it is strongly recommended that you retain competent military sexual assault lawyer to assist you with your appeal. You are welcome to contact our office to discuss your situation.  The call is totally confidential.  We have a depth of experience in handling military sexual trauma cases.

Military Sexual Trauma Statistics

Over the years, the United States military has developed a reputation for a high rate of military sexual trauma and a low rate of reports regarding these attacks. In reality, the problem is likely worse than it appears on the surface given how many of these events are never reported.

According to the 2024 fiscal year report by the Department of Defense, there were a total if 8,195 reports of sexual assault made in that year alone. This represents a decrease compared to the past three years, but these numbers are substantially higher than the 6,083 reports received in 2015.

There is a common misconception that MST is limited to females who serve. While women in the military are far more likely to face sexual trauma, men are also frequently targeted. According to the Department of Veterans Affairs, one out of three women report experiencing sexual trauma of some during their military service. The same is true for approximately one out of every 50 men.

Because of the reality that many of these incidents go unreported, it is impossible to know the true scope of MST. Threats of retaliation, irreparable career damage, ostracization, and further abuse dissuade service members from even anonymously bringing MST allegations to light. These experiences can lead to long-term and life-altering consequences for the victim, which can manifest in symptoms like depression, PTSD, or anxiety and can qualify the veteran for a VA disability rating and related compensation. It is helpful to document your symptoms and how they impact your day-to-day life and ability to perform on the job.

According to the United States Department of Defense, recent years have seen these figures drop by a small degree. Unwanted sexual contact was reported by 8.4 percent of women serving in active duty in 2021, but that fell to 6.8% in 2023. This represents nearly 7,000 fewer reports of MST during that time.

Secondary Conditions Related to MST

Military Sexual Trauma can trigger a host of issues that extend beyond the immediate impact of any physical injuries. Many veterans develop conditions such as post-traumatic stress disorder or anxiety, which can have a tremendous impact on their mental health for years to come. What’s more,  MST also frequently manifests into physical symptoms like chronic pain or sleep disturbances. These effects generally stem directly from the body’s stress response, and it can be difficult to determine their source initially.

When it comes to survivors, establishing a link to these secondary conditions can be crucial during the disability claims process. When these conditions are connected to MST, they can lead to an increased VA rating and the higher benefits payments that come with it.

What If a MST Claim is Denied by the VA?

Having your military sexual trauma claim denied can feel deeply discouraging. The same is true if you are ultimately granted benefits but your rating is far below what you expected. The good news is that these disappointing results do not mean you are out of luck. You have the right to challenge the decision through several appeal options.

Each stage of appeal allows you to present a complete picture of their experience and its long-term effects. What’s more, you can rely on the support of an attorney at this stage. While federal law prevents law firms from billing for their services during the filing of an initial disability claim, they are allowed to take your case on appeal. This means you can work with experienced legal counsel not only when your claim is denied, but also in situations where you are awarded benefits but disagree with your VA rating.

Past Successful MST Claims

You don’t have to take our word for it when it comes to our ability to seek justice for MST survivors. We are proud of our work advocating for veterans, and we will work tirelessly to help you continue with your claim after an initial denial by the VA.

•       $170,000 – MST & Camp Lejeune Exposure Claim
•       $141,295 – Service connection for MST & PTSD

See our Results page for additional examples of the work we do on behalf of veterans like you. While our past results cannot guarantee success in your case, these outcomes reflect how our approach has helped other veterans get the outcome they deserve.