VA Disability Rating for Conditions Related to Military Sexual Trauma

Military sexual trauma (MST) refers to sexual assault or harassment experienced during military service. MST isn’t a specific diagnosis, but it can lead to a range of physical and mental health conditions. If you’ve developed a condition related to MST, you may qualify for VA disability benefits.

However, many veterans find their MST-related claims denied or rated lower than they deserve. The VA’s rules and the deeply personal nature of MST can make proving service connection and getting an appropriate rating incredibly challenging. You may feel frustrated, discouraged, or even re-traumatized by the process.

That’s where ProVet Legal comes in. Our VA disability appeals attorneys understand the challenges of MST claims and are dedicated to helping you fight for the benefits you deserve. We’ll guide you through the appeals process, gather the evidence needed to support your claim and advocate fiercely on your behalf.

What is Military Sexual Trauma?

Military Sexual Trauma, or MST, is a term used by the VA to describe the psychological trauma that can result from sexual assault or sexual harassment experienced during military service.

The VA defines sexual harassment as repeated, unsolicited verbal or physical contact of a sexual nature. This can include threatening, offensive, or unwanted sexual advances, demands for sexual favors, or other verbal or physical conduct of a sexual nature.

Sadly, MST is a pervasive problem in the military. The VA estimates that about 1 in 3 women and 1 in 50 men have experienced MST. However, these numbers may not reflect the true scope of the problem, as many survivors do not report their experiences due to fear, shame, or stigma. Although a higher percentage of women experience MST, the actual number of male victims is greater than that of female victims due to the much larger population of male veterans compared to female veterans.

Don’t Ask, Don’t Tell and Its Impact on MST Reporting

While MST remains a serious problem today, many veterans are only now seeking benefits for assaults that occurred decades ago.

From 1994 to 2011, the military’s “Don’t Ask, Don’t Tell” (DADT) policy created additional barriers for MST survivors, especially those in the LGBTQ+ community. Under DADT, service members couldn’t disclose their sexual orientation without risking discharge. This policy had devastating consequences for MST survivors:

• Fear of Investigation: Many LGBTQ+ service members who experienced same-sex assault or harassment couldn’t report it without risking scrutiny of their own sexual orientation. Perpetrators often exploited this vulnerability, knowing their victims would stay silent.
• Psychological Trauma: LGBTQ+ service members faced the compound trauma of both MST and forced concealment of their identity. Having to hide not just the assault but also their authentic selves, relationships, and support systems created lasting psychological impacts.
• Barriers to Support: DADT prevented many survivors from seeking mental health treatment or confiding in friends and fellow service members. They couldn’t fully explain their trauma without risking their military career.
• Command Climate Issues: The policy created an environment where any discussion of same-sex conduct, even in the context of assault or harassment, could trigger a career-ending investigation. This chilling effect enabled predators and silenced victims.

Even though DADT ended in 2011, its impact continues to affect many veterans today. At ProVet Legal, we understand the ways DADT influenced MST reporting and treatment-seeking behaviors. If you experienced MST during the DADT era, we can help you document how the policy affected your ability to report or seek help at the time. These barriers to reporting shouldn’t prevent you from getting the benefits you deserve now.

Physical and Mental Conditions Related to Military Sexual Trauma

MST can happen to anyone, regardless of gender, age, rank, or branch of service. It’s a deeply personal and often devastating experience that can have long-lasting impacts on a veteran’s mental and physical well-being.

MST can cause or contribute to a variety of mental health conditions, including, but not limited to:

• Post-Traumatic Stress Disorder (PTSD)
• Depression
• Anxiety
• Substance Use Disorders

It can also lead to physical health issues like chronic pain, gastrointestinal problems, and sexual dysfunction.

If you’ve been diagnosed with a condition that you believe is related to your MST, that’s the first step toward benefits.

Establishing Service Connection for Military Sexual Trauma

You don’t need to have reported the MST when it happened. The VA recognizes that many survivors don’t come forward right away due to fear, shame, or other barriers.

Instead, you’ll need to provide evidence that the MST occurred, that you have a current disability and that the MST caused your current condition. Evidence of an unreported MST event can include:

• Service records noting a change in behavior or performance
• Medical records showing treatment for the condition
• Lay statements from individuals you may have confided in about the incident, such as a roommate, family member, clergy, or fellow service member
• Your own detailed account of what happened and how it’s impacted you
• Records of unexplained requests for transfer or change in duty assignment
• Documentation of a change in work performance around the time of the incident, such as performance evaluations or counseling statements
• Evidence of increased use of leave without an apparent reason
• Evidence of substance abuse, such as alcohol or drugs

The VA is required to assist you in gathering this evidence. They’ll also schedule you for a C&P exam with a mental health professional who will provide an opinion on the link between your MST and your current condition.

VA Disability Rating Criteria for MST-Related Conditions

When you’ve suffered military sexual trauma (MST), the impact can be devastating and long-lasting. The VA recognizes this and provides disability compensation for conditions stemming from MST. But getting the rating you deserve isn’t always straightforward.

Here’s a breakdown of how the VA rates some common MST-related conditions:

Post-Traumatic Stress Disorder (PTSD)

PTSD is one of the most common conditions associated with MST. MST can also result in anxiety, depression, or a number of other mental disorders. The VA rates all mental health conditions under 38 CFR § 4.130, Diagnostic Code 9411. Here’s what you need to know:

• 100%: Total occupational and social impairment
• 70%: Occupational and social impairment with deficiencies in most areas
• 50%: Occupational and social impairment with reduced reliability and productivity
• 30%: Occupational and social impairment with occasional decrease in work efficiency
• 10%: Occupational and social impairment due to mild or transient symptoms
• 0%: A diagnosed mental condition that doesn’t interfere with occupational and social functioning or require continuous medication

Irritable Bowel Syndrome (IBS)

IBS is a common physical manifestation of MST-related stress. The VA rates IBS under 38 CFR § 4.114, Diagnostic Code 7319 Irritable bowel syndrome (IBS):

• 30%: Abdominal pain related to defecation at least one day per week during the previous three months; and two or more of the following: (1) change in stool frequency, (2) change in stool form, (3) altered stool passage (straining and/or urgency), (4) mucorrhea, (5) abdominal bloating, or (6) subjective distension
• 20%: Abdominal pain related to defecation for at least three days per month during the previous three months; and two or more of the following: (1) change in stool frequency, (2) change in stool form, (3) altered stool passage (straining and/or urgency), (4) mucorrhea, (5) abdominal bloating, or (6) subjective distension
• 10%: Abdominal pain related to defecation at least once during the previous three months; and two or more of the following: (1) change in stool frequency, (2) change in stool form, (3) altered stool passage (straining and/or urgency), (4) mucorrhea, (5) abdominal bloating, or (6) subjective distension

Don’t let the VA minimize your suffering. If you’re constantly planning your life around bathroom access, you deserve appropriate compensation.

Sexual Dysfunction

MST can lead to various forms of sexual dysfunction. The VA typically rates these conditions as follows:

• 0%: Loss of erectile power, or female sexual arousal disorder (but Special Monthly Compression may be awarded)
• 20%: Removal of glans of penis
• 30%: Removal of half or more of penis

While these ratings may seem low, you may be entitled to Special Monthly Compensation for loss of use of a creative organ, which can increase your overall compensation.

Urinary tract disorders

Chronic Pain

Chronic pain conditions resulting from MST are often rated analogously to other conditions. For example:

• Fibromyalgia (Diagnostic Code 5025):
  • 40%: Widespread musculoskeletal pain that is constant, or nearly so, and refractory to therapy
  • 20%: Widespread musculoskeletal pain that is episodic, with exacerbations often precipitated by environmental or emotional stress
  • 10%: Widespread musculoskeletal pain requiring continuous medication for control

Don’t let the VA dismiss your pain. If you’re struggling daily with chronic pain, you deserve a rating that reflects that struggle.

At ProVet Legal, we’ve seen too many veterans shortchanged by the VA’s rating system. We know the ins and outs of these ratings, and we’re ready to fight for every percentage point you deserve.

If you’ve received a rating that doesn’t reflect the true impact of your MST-related conditions on your life, contact us today, and let’s get you the compensation you’ve earned through your service and suffering.

Appealing the VA’s Decision on Your MST Claim

If your Military Sexual Trauma (MST) claim is denied by the VA, you have the right to appeal. Many MST claims are initially denied due to insufficient evidence or a failure to meet the VA’s criteria. But that doesn’t mean you don’t deserve benefits.

Under the Appeals Modernization Act (AMA), you have options. Whether it’s filing a Supplemental Claim with new evidence, requesting a Higher-Level Review to catch VA errors, or taking your case to the Board of Veterans’ Appeals, we’re here to guide you every step of the way.

At ProVet Legal, our veterans’ law attorneys know the strategies that work, and we’re committed to helping you get the benefits you’ve earned. We can review your case, gather the necessary evidence to support a higher rating and handle the appeal on your behalf.

Contact us today, and let’s work together to get you the compensation you’ve earned through your service and suffering.