Military Sexual Trauma (MST) Claims & How We Can Help
Legally Reviewed by: Josh Conklin
You never filed a police report. You told yourself it wasn’t bad enough, or that no one would believe you, or that saying something out loud would end your career. Years later, the nightmares are still here. The flashbacks show up at strange times. You’ve lost jobs, relationships, and sleep over something you have never told anyone.
Those fears are exactly why the Department of Veterans Affairs (VA) built a different set of rules for claims like yours, and filing an Military Sexual Trauma (MST) VA disability claim does not require a report you never made.
Our team at Capovilla & Williams is veteran-led, and we know how to find the record others may overlook: a sudden transfer request, a counselor’s note from 2011, a friend who still remembers you were not the same after.
Contact us and tell an experienced veterans disability benefits attorney what happened, in your own words and on your own timeline. We will tell you plainly what kind of proof may still get you the rating you have earned.
Key Takeaways
- Military sexual trauma is not itself a disability rating. It is the event behind conditions like PTSD, depression, and anxiety that the VA does compensate.
- You do not need a police report or a command report. VA regulation 38 C.F.R. § 3.304(f)(5) requires the VA to look at counseling records, buddy statements, and behavior changes instead.
- A denial is not always the end of the road. A Supplemental Claim or Higher-Level Review can reopen a case built on the wrong evidence rules.
- Symptoms that worsen after a rating decision can support an increased-rating claim, and conditions like insomnia or substance use can qualify as secondary conditions.
The MST-Related VA Claims We Handle, From First Filing to Final Appeal
Military sexual trauma is not itself a VA disability. It is the event behind conditions the VA does compensate, most often post-traumatic stress disorder (PTSD), depression, or anxiety. The path from that event to a fair rating rarely runs in a straight line. We represent survivors at every stage of that path, including:
- Original Claims: your first filing for PTSD, depression, or another condition connected to military sexual trauma, submitted on VA Form 21-526EZ.
- Supplemental Claims: adding new evidence, such as a buddy statement or counseling record, after a VA denial.
- Higher-Level Review Requests: asking a senior VA reviewer to take a second look when your evidence was misapplied.
- Increased-Rating Claims: seeking a higher rating when your symptoms have worsened since your last decision.
- Secondary Condition Claims: conditions like sleep disorders or substance use that developed alongside an existing PTSD rating.
We take these cases regardless of gender, rank, or branch, whether the MST happened last year or three decades ago.
What Counts as Evidence When You Never Filed a Report
Many MST survivors never filed a police report or an incident report with their command, often for the same reasons: fear of retaliation, fear of not being believed, or fear of what reporting would do to a career they had worked hard to build.
The Department of Veterans Affairs (VA) regulation at 38 C.F.R. § 3.304(f)(5) exists because of that reality. It requires the VA to consider evidence beyond your service file before it can deny your claim, including counseling records, statements from people who knew you at the time, and documented changes in your behavior such as a transfer request, a drop in performance, or the start of substance abuse. The regulation also bars the VA from denying a claim on this basis without first telling you that this kind of evidence exists and giving you a chance to gather it.
Without someone who knows how to build that evidence file, a denial letter often becomes the end of the road instead of the next step.
The VA Term Your Denial Letter Never Explains
The VA’s own adjudication manual, M21-1, calls this kind of proof a “marker,” defined as a behavioral event or pattern of changed behavior tied to the timing of the assault. Most articles on this topic describe the individual examples such as a transfer request or a drop in performance, without naming the term the VA’s own raters are trained to look for. Knowing the term matters because it tells you what a rater is scanning your file for, not just what counts as helpful.
Filing a New Claim Versus Fighting a Denial You Already Received
We handle original MST claims from the first filing forward. However, most of our work happens after a survivor has already been through the first filing process and walked away with less than they deserved.
Starting a First Claim
Original claims begin with VA Form 21-526EZ, filed online, by mail, or through an accredited representative. Federal law under 38 U.S.C. § 5904(c)(1) bars any attorney or claims agent from charging a fee for this stage, so your first filing review costs you nothing out of pocket.
Contesting a Decision You Already Have
We build Supplemental Claims around evidence the VA never saw the first time. Supplemental Claims are filed on VA Form 20-0995. Or, we may request a Higher-Level Review when the original decision got the evidence rules wrong. Either path asks the VA to take a fresh look without forcing you to start over.
Rating Tiers Under 38 C.F.R. § 4.130
Rating percentages for PTSD and related conditions are set under the VA’s General Rating Formula for Mental Disorders. Ratings move in tiers from 0% to 100%, based on how your symptoms affect your daily life, your relationships, and your ability to hold a job. If your last decision undervalued what you are living with day to day, an increased-rating claim may be able to close that gap.
Frequently Asked Questions
What does it cost to have your firm review my claim?
Your initial claim review and filing help are free. Federal law under 38 U.S.C. § 5904(c)(1) bars any accredited attorney from charging a fee before VA issues its first decision. If your case moves into a Supplemental Claim or Higher-Level Review afterward, our fee is contingent on the compensation we help you recover. That means you will not owe us any attorney fees upfront, and we only get paid if your claim is successful.
How long does an MST-related VA claim take to resolve?
Timelines vary by claim type and how much evidence still needs to be gathered. VA’s own goal for Supplemental Claims and Higher-Level Reviews is about 125 days once filed, though the full process may run shorter or longer. We give you a realistic estimate once we have reviewed your file.
Do you represent men as well as women who experienced MST?
Yes, we represent survivors of every gender, rank, and branch. The legal protections in 38 C.F.R. § 3.304(f)(5) apply the same way regardless of gender or how long ago the trauma occurred. Nearly 40% of veterans who disclose MST to the VA are men, so you’re far from alone in this.
Do I need my medical records before I contact you?
No, bring whatever you have, even if it’s nothing more than your own memory of what happened and how it changed you. Our investigators start identifying and requesting records once we take on your case. You won’t be asked to build the file yourself.
Will filing a claim require me to describe the assault in detail to strangers?
You control how much detail you share and when. Our team gathers supporting evidence, like behavioral markers and records from the time, so you’re not left carrying the entire burden of proof through your own retelling. A VA examiner may still ask questions during a Compensation and Pension exam, but you decide how much to say.
What if my MST happened decades ago and I never told anyone?
Time alone doesn’t disqualify a claim. Family members, old friends, or former roommates who noticed a change in you at the time can often provide a statement that supports a claim filed even 20 or 30 years later. The regulation was written with exactly this kind of delayed disclosure in mind.
Capovilla & Williams: Contact a MST VA Disability Claims Law Firm
You have already carried the hardest part, often without a single official record to back you up. Filing this claim, or fighting a denial that never should have happened, is the part where you no longer have to do it alone.
Our firm’s own attorneys work by the same standard captured in our slogan, Vincit Qui Patitur, he who endures wins. Our veteran-led team works hard to build these cases even when there’s no paper trail, finding the evidence instead of just pulling it from a file.
Contact our firm today and find out what your MST-related VA claim may be worth.
