VA Rating for MST: How to Get Disability Benefits for Military Sexual Trauma

VA Rating for MST

If you experienced military sexual trauma during your service, you may be eligible for VA disability compensation. The VA recognizes MST as a serious service-connected experience that can lead to lasting mental and physical health conditions, even decades after it occurred.

Here’s what many veterans don’t realize: you don’t need documentation or a service record of the trauma to file a claim. The VA has established special procedures for MST-related claims that recognize most incidents go unreported when they happen.

At ProVet Legal, we help veterans across all 50 states secure VA benefits for MST-related conditions. If you’re struggling with health issues connected to military sexual trauma, this guide explains how the VA rates MST claims and what you need to know to get the benefits you’ve earned.

What Is Military Sexual Trauma?

VA Rating for MST

According to the Department of Veterans Affairs, military sexual trauma refers to sexual assault or repeated, threatening sexual harassment that occurred during military service. MST includes any sexual activity during military service that an individual is involved in against their will.

This can include:

  • Sexual assault or rape
  • Unwanted sexual touching or contact
  • Sexual harassment that creates a threatening environment
  • Pressure or coercion into sexual activities
  • Sexual contact while unable to consent (such as while intoxicated or sleeping)

MST can happen to anyone, regardless of gender, rank, or branch of service. The perpetrator can be anyone, a superior, subordinate, peer, or civilian.

Understanding the Prevalence of MST

Military sexual trauma is far more common than many people realize. According to research published in Trauma, Violence, & Abuse, 15.7% of military personnel and veterans report MST when the measure includes both harassment and assault, with 38.4% of women and 3.9% of men reporting MST.

VA screening data shows that among OEF/OIF veterans, 41.5% of women and 4% of men report experiencing MST. While women experience MST at higher rates, nearly 40% of veterans who disclose MST to the VA are men due to the larger number of male service members.

The National Center for PTSD reports that experiences of sexual assault during military service are associated with PTSD to a degree that is comparable to, or larger than, the likelihood of PTSD associated with severe combat exposure.

How the VA Rates MST-Related Conditions

The VA doesn’t provide a specific disability rating for MST itself. Instead, the VA will assign a rating for any disabilities that result from the MST, such as PTSD, depression, anxiety, or other psychological disorders.

These conditions are rated under the General Rating Formula for Mental Disorders found in 38 CFR § 4.130. Ratings range from 0% to 100% based on the severity of symptoms and their impact on your ability to work and function socially.

Common MST-Related Conditions and Ratings

Post-Traumatic Stress Disorder (PTSD)

PTSD is the most common condition associated with MST. PTSD from MST is rated from 0% to 100%:

  • 70% rating: Most common for MST survivors. Deficiencies in most areas, such as work and family relationships, due to symptoms like suicidal ideation, near-continuous depression, or unprovoked irritability with periods of violence.
  • 100% rating: Total social and occupational impairment, with symptoms like persistent danger of hurting self or others, or gross impairment in thought processes.

According to VA News, as of April 30, 88,875 veterans were service-connected for MST-related PTSD, with 67% of those rated 70% or higher.

Depression and Anxiety Disorders

Research published in the Journal of Affective Disorders found that MST is strongly associated with elevated rates of depression, anxiety, and other mental health conditions. These are also rated under the mental disorders schedule from 0% to 100%.

Physical Health Conditions

MST can also lead to physical health problems that qualify for VA disability ratings:

Proving Your MST Claim: You Don’t Need Official Documentation

One of the biggest barriers veterans face is the misconception that they need service records documenting the MST. That’s not true.

The VA recognizes that most MST incidents are not reported when they occur due to fear of retaliation, shame, or lack of trust in the system. Because of this, the VA accepts alternative evidence called “markers” to establish that MST occurred.

What You Need to Prove

To establish service connection for MST-related conditions, you need:

  1. Current Diagnosis

You must have a current diagnosis of a mental or physical health condition from a qualified healthcare provider. This could be PTSD, depression, anxiety, or another condition.

  1. In-Service Stressor Event

You need to show that MST occurred during your military service. This is where “marker” evidence comes in.

  1. Medical Nexus

A medical professional must link your current condition to the MST you experienced during service.

Alternative “Marker” Evidence for MST Claims

VA regulations accept various types of marker evidence showing behavioral changes or circumstances that support your report of MST:

  • Sudden decline in work performance
  • Requests for transfer to another unit or duty assignment
  • Changes in behavior (substance abuse, relationship problems, social withdrawal)
  • Evidence of depression or anxiety around the time of the incident
  • Pregnancy tests or tests for sexually transmitted diseases
  • Medical treatment for physical injuries
  • Statements from counselors, clergy, or rape crisis centers
  • Buddy statements from friends, family, or fellow service members who noticed changes

According to federal law, marker evidence doesn’t have to show definitive proof that MST occurred, it just needs to provide clues supporting your report of the trauma.

How to File a VA Claim for MST-Related Conditions

Here’s the step-by-step process for filing an MST claim:

Step 1: Get a Current Diagnosis

See a healthcare provider and get a formal diagnosis of your condition. If you’re not currently receiving treatment, VA healthcare offers free MST-related care to eligible veterans, even if you’re not enrolled in VA healthcare otherwise.

Step 2: Complete VA Form 21-526EZ

This is the Application for Disability Compensation and Related Compensation Benefits. You can file online through VA.gov, by mail, or with help from a VA-accredited attorney.

Step 3: Complete VA Form 21-0781a

This is the Statement in Support of Claim for Service Connection for PTSD Secondary to Personal Assault. This form is specifically designed for MST claims and helps document the incident and its impact.

Step 4: Gather Supporting Evidence

Collect any marker evidence you have, medical records, and statements from people who can support your claim.

Step 5: Attend Your C&P Exam

The VA will schedule a Compensation and Pension exam to evaluate your condition. Be honest about your symptoms and how they affect your daily life.

Improved MST Claim Processing

The VA has made significant improvements to how MST claims are processed. VA News reports that the grant rate for conditions related to MST is at 72%, up from 50% in 2015 and 68% in 2020.

These improvements include:

  • Enhanced specialized training for claim processors
  • MST outreach coordinators at every VA regional office
  • Relaxed evidentiary standards
  • Recognition that circumstantial evidence is often the only evidence available

What If Your MST Claim Was Denied?

If the VA denied your MST claim, don’t give up. According to the VA Office of Inspector General, about half of the MST claims denied between April 1 and September 30, 2017, were not properly processed under VBA procedures, resulting in premature denial.

You have several options:

Many denied MST claims succeed on appeal when veterans work with experienced legal representation.

Total Disability Based on Individual Unemployability (TDIU)

Even if your MST-related condition is rated below 100%, you may qualify for compensation at the 100% rate through TDIU. TDIU is available when your service-connected conditions prevent you from maintaining substantially gainful employment.

This is particularly relevant for MST survivors whose symptoms make it impossible to work, even if they don’t meet all the criteria for a 100% rating.

Free MST-Related Healthcare

All veterans who experienced MST are eligible for free MST-related healthcare from the VA, regardless of whether they have a VA disability rating. Services include:

  • Mental health counseling
  • Medical care for MST-related physical health problems
  • Specialized MST coordinators at every VA facility
  • Access to the Beyond MST mobile app

You don’t need to have reported the MST or have documentation to receive this care.

How a VA Disability Lawyer Can Help with MST Claims

MST claims are emotionally difficult and legally complex. A VA disability attorney can:

  • Help you gather marker evidence without requiring you to relive the trauma unnecessarily
  • Obtain strong medical nexus opinions linking your conditions to MST
  • Navigate VA procedures specific to MST claims
  • Represent you during appeals if your claim is denied
  • Ensure your rating reflects the true severity of your condition

At ProVet Legal, we understand the sensitive nature of MST claims. We work on a contingency fee basis, you pay nothing unless we win your case.

You Deserve Support and Compensation

Military sexual trauma is a profound violation of trust that can have lasting effects on your mental and physical health. You served your country with honor, and you deserve care and compensation for the harm you experienced.

The VA system can be difficult to navigate, especially for something as personal and painful as MST. But you don’t have to face it alone.

Contact ProVet Legal today for a free case review. We help veterans in all 50 states secure VA disability benefits for MST-related conditions. No upfront fees. No obligation. Just compassionate, experienced advocates who understand what you’re going through and know how to win.

Author Bio

Rebecca C. Y. Deming, founder and principal attorney of ProVet Legal, is a passionate advocate for veterans’ rights. She earned her law degree Magnum Cum Laude from the University of Miami’s School of Law. Rebecca’s practice focuses on assisting veterans with disability compensation appeals, ensuring they receive the benefits they deserve for their service to our nation.

With her extensive experience as an accredited attorney with the Veterans Benefits Administration, Rebecca guides veterans through the complex process of appealing denied disability claims. Her unwavering commitment to helping those who have served is evident in her tireless efforts to secure positive outcomes for her clients. Through ProVet Legal, Rebecca continues to make a significant impact in the lives of veterans and their families.

Google | LinkedIn | The Florida Bar | Avvo