If you experienced military sexual trauma (MST) during service, you may qualify for VA disability benefits. Fusco, Brandenstein & Rada, P.C. helps veterans throughout New York understand their rights. Our team works to help you get the compensation you deserve. With over 40 years of experience, we know how to build strong military sexual trauma disability claims.
Understanding Military Sexual Trauma (MST) and VA Eligibility
Military sexual trauma includes sexual assault, sexual harassment, and sexual coercion during active service. The VA recognizes that MST affects veterans across all branches and service eras. According to VA screening data, approximately 1 in 3 women and 1 in 50 men report experiencing MST when evaluated by VA providers.
The VA does not consider MST itself a disabling condition. However, if MST caused or worsened a medical or mental health condition, you may qualify for disability compensation. Common conditions include post-traumatic stress disorder (PTSD), depression, and anxiety. The VA applies relaxed evidentiary standards to MST claims. This recognizes the sensitive nature of these incidents and the difficulty in obtaining traditional documentation.
To qualify for VA disability benefits related to MST, you must establish three elements:
- A current diagnosis of a disability
- An in-service event or injury
- A medical nexus (connection) between your military service and your current condition
How Military Sexual Trauma Leads to Disability Benefits
The most common condition resulting from MST is post-traumatic stress disorder (PTSD). Veterans who experienced sexual trauma often develop PTSD symptoms. These include intrusive thoughts, nightmares, hypervigilance, avoidance behaviors, and emotional numbness. Additionally, MST can contribute to depression, anxiety disorders, sleep disturbances, and substance abuse issues.
The VA recognizes that proving a direct connection between MST and your current disability can be difficult. For this reason, the VA established special rules for MST claims. You do not need to provide a formal incident report or official documentation of the assault or harassment. Instead, the VA will consider credible supporting evidence.
This evidence includes statements from family members, clergy, military colleagues, and behavioral changes you experienced following the trauma. Many veterans develop observable behavioral markers following MST. These markers include requesting transfers, increased disciplinary issues, substance abuse, social isolation, or hospitalization. These serve as powerful evidence of the traumatic event and its impact.
Evidence Required to Support Your MST Disability Claim
Building a strong MST disability claim requires gathering multiple types of evidence. The VA understands that traditional documentation may not exist. They accept various forms of corroborating evidence.
Medical Evidence: Medical records from crisis centers, hospitals, VA facilities, or private providers are valuable. This includes records of STD or HIV testing, pregnancy tests, treatment for injuries, mental health counseling, or hospitalization related to your condition.
Military Documentation: Service records, discharge papers, and any military investigative reports strengthen your claim. Transfer requests or relief of duty documentation can also support your case.
Personal Documentation: Journals, diaries, or written accounts from the time of the trauma provide compelling evidence. These personal records demonstrate your state of mind and the impact of the incident.
Statements and Testimony: Buddy statements from military colleagues, letters from family members, statements from clergy or counselors, and testimony from anyone aware of the trauma are admissible evidence.
Behavioral Markers: Documentation of behavioral changes following the incident establishes the connection between the traumatic event and your current condition. Examples include work performance decline, unit transfer requests, disciplinary records, substance abuse treatment, depression or anxiety treatment, or suicide attempts.
VA Disability Ratings for MST-Related Conditions
The VA assigns disability ratings in 10% increments. Your rating determines your monthly compensation amount. For PTSD and other MST-related conditions, ratings are based on symptom severity. They also reflect how your condition impacts your ability to work and function socially.
A 100% rating indicates total occupational and social impairment. Veterans at this level typically cannot maintain employment. They experience significant difficulties in family relationships, concentration, and daily functioning.
A 70% rating reflects occupational and social impairment with deficiencies in most areas of life. Veterans may struggle to maintain employment and experience substantial relationship difficulties.
A 50% rating indicates occupational and social impairment with reduced reliability and productivity. Work performance is noticeably affected, though some employment may be possible.
A 30% rating reflects occupational and social impairment with occasional decreases in work efficiency and some social withdrawal.
A 10% rating indicates mild or transient symptoms that occasionally interfere with occupational or social functioning.
As of 2025, monthly compensation for a single veteran with a 100% rating due to MST-related PTSD is $3,831.30 per month. Additional allowances apply for dependents.
The MST Claim Process in New York
Filing a VA disability claim for MST involves several steps. First, you submit your application (VA Form 21-526-EZ) along with supporting evidence to the VA. You can file online through VA.gov, by mail, or in person at a VA office.
After filing, the VA schedules a Compensation & Pension (C&P) examination. A VA healthcare provider evaluates your condition during this exam. They assess the connection between your condition and your military service. Be prepared to discuss your MST experience, your symptoms, and how your condition affects your daily life and work.
The VA then reviews all evidence and issues a decision. If approved, you receive a rating and begin receiving monthly compensation. If denied, you have the right to appeal a VA disability claim.
New York veterans have access to VA facilities in Buffalo, Syracuse, Albany, and the New York Harbor Healthcare System. This system serves the New York City area. Additionally, veterans’ service organizations and accredited representatives throughout New York can assist with your claim.
Common Questions About MST Disability Benefits
Can I file for VA disability benefits years after military service ended?
Yes. There is no time limit for filing a VA disability claim related to MST. Many veterans file years or decades after their service ended. The VA recognizes that trauma can take time to process. Symptoms may emerge or worsen over time.
What if I don’t have documentation of the MST incident?
You do not need an official incident report or formal documentation of the assault or harassment. The VA accepts credible supporting evidence. This includes statements from witnesses, family members, behavioral changes, medical records, and personal accounts. The relaxed evidentiary standards for MST claims recognize the difficulty in obtaining traditional documentation.
How long does the VA disability claim process take?
The timeline varies, but most claims are decided within 3 to 6 months. Complex cases or those requiring additional development may take longer. Once approved, you typically begin receiving benefits within 30 days.
What should I do if my MST disability claim is denied?
You have the right to appeal a denial. You can request a higher-level review, file a supplemental claim with new evidence, or appeal to the VA Board of Veterans’ Appeals. Many veterans find it helpful to work with an accredited representative or attorney during the appeal process.
Can I receive both VA disability and other veterans’ benefits?
Yes. VA disability compensation can be combined with other benefits. These include VA healthcare, education benefits (GI Bill), vocational rehabilitation, and survivor benefits. You may also be eligible for state veterans’ benefits in New York.
Do I need a lawyer to file an MST disability claim?
While not required, working with an experienced veterans benefits attorney or accredited representative can help. An advocate can help gather evidence, prepare your case, and represent you during appeals if necessary.
Why Work With Fusco, Brandenstein & Rada, P.C.
For over 40 years, Fusco, Brandenstein & Rada, P.C. has represented injured workers, disabled individuals, and veterans throughout New York. Our team includes 16+ attorneys and licensed representatives who work with veterans’ benefits law. We hold certifications from the National Organization of Social Security Claimants’ Representatives (NOSSCR) and the American Association for Justice. We are recognized as Super Lawyers and Million Dollar Advocates. You can read our client reviews to gain insight into the level of service we provide.
We understand the difficulties veterans face when pursuing MST disability benefits. We provide free consultations and work on a contingency basis with no upfront fees. Our firm maintains 10 offices across New York, including our headquarters in Woodbury. Our 24/7 availability ensures you can reach us when you need support.
You can reach us by phone at 516-496-0400 or through our online form. If you’re in crisis, the Veterans Crisis Line is available 24/7 at 988, then press 1.