Military Sexual Trauma (MST) VA Disability Claims: A Complete Guide
CCK Law: Our Vital Role in Veterans Law
Military sexual trauma (MST) is one of the most underreported causes of VA disability claims, but many barriers have been removed in recent years. Veterans who experienced sexual assault or threatening sexual harassment during service may qualify for monthly, tax-free disability compensation for conditions such as PTSD, depression, and anxiety. VA does not require an official report of assault or a criminal charge to file a claim.
This guide explains what MST is, how VA evaluates MST claims, what evidence you need, and how the disability rating process works.
Key facts:
- MST is not itself a disability rating. VA rates the conditions it causes, such as PTSD.
- VA has liberalized its evidence standard for MST claims and accepts indirect “marker” evidence.
- In Fiscal Year 2024, VA processed a record 57,000 MST-related claims—an 18 percent increase from the prior year.
- About 63 percent of MST-related PTSD claims are now approved, up from roughly 41 percent in 2011.
- Of veterans who receive service connection for MST-related PTSD, approximately 67 percent are rated at 70 percent or higher.
In this episode of the Veterans Legal Lowdown, CCK Law Partner Emma Peterson and Supervising Attorney Alyse Phillips discuss “Military Sexual Trauma: How VA Evaluates MST Claims”:
How Does VA Define Military Sexual Trauma?
Military sexual trauma is the Department of Veterans Affairs‘ (VA) term for sexual assault or threatening sexual harassment experienced during military service. In implementing 38 U.S.C. § 1720D, VA has defined MST as “psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty, active duty for training, or inactive duty training.”
MST can happen to anyone, regardless of gender, rank, branch, or era of service.
Examples of experiences that qualify as MST include:
- Sexual assault, rape, or battery of a sexual nature
- Being pressured or coerced into sexual activity through threats or promises
- Sexual contact that occurred without consent, including while asleep or intoxicated
- Unwanted sexual touching or grabbing, including during hazing
- Repeated, threatening comments about your body or sexual activities
- Unwanted sexual advances that felt threatening
The identity of the perpetrator, whether the incident occurred on or off base, and whether the veteran was on or off duty at the time are generally not barriers to filing a claim.
What Conditions Does VA Compensate for MST?
MST itself is not a VA disability rating. VA compensates the conditions that MST causes or worsens. The most common are:
- Post-traumatic stress disorder (PTSD) — the most frequently claimed MST-related condition (approximately 95 percent of MST claims involved PTSD)
- Depression and anxiety
- Substance use disorders (rated through complications, not the addiction itself)
- Physical health conditions caused or worsened by MST—such as chronic pain or gynecological conditions
VA may also consider secondary service-connected conditions—disabilities that develop as a result of a primary MST-related diagnosis. For example, a veteran service-connected for MST-related PTSD may also be eligible for secondary service connection for sleep apnea, erectile dysfunction, or other conditions linked to the primary diagnosis.
How Does VA Rate MST-Related Conditions?
VA does not have a military sexual trauma disability rating. Instead, VA rates the diagnosed condition caused by MST—most often PTSD or another mental health disorder—using the General Rating Formula for Mental Disorders under 38 C.F.R. § 4.130.
Mental health ratings are assigned at the following levels: 0, 10, 30, 50, 70, or 100 percent. There are no ratings at 20, 40, 60, 80, or 90 percent under this formula.
Rating criteria summary:
| Rating | Level of Impairment |
| 100% | Total occupational and social impairment |
| 70% | Occupational and social impairment with deficiencies in most areas |
| 50% | Reduced reliability and productivity |
| 30% | Occasional decrease in work efficiency; mild symptoms |
| 10% | Occupational and social impairment due to mild or transient symptoms |
| 0% | Diagnosis confirmed, but symptoms do not cause impairment |
VA evaluates the frequency, severity, and duration of symptoms, not just the diagnosis. The list of symptoms in the rating criteria is a guide, not an exhaustive checklist. Veterans should describe all symptoms, including how they affect work, school, relationships, and daily activities.
For more details, see CCK Law’s guide to the PTSD rating scale.
What Is the Compensation for Military Sexual Trauma Disability Ratings?
Approximately 67 percent of veterans granted service connection for MST-related PTSD receive a rating of 70 percent or higher. A 70 percent rating for a single veteran without dependents provides $ 1,808.45 per month in tax-free compensation (2026 rates), while a 100 percent rating provides $ 3,938.58 per month.
TDIU (Total Disability based on Individual Unemployability): Veterans with MST-related mental health conditions who cannot work may qualify for TDIU, which pays at the 100 percent rate even if their schedular rating is lower (typically 70 percent for a single condition).
How to Establish Service Connection for MST
To receive VA disability compensation, a veteran must establish service connection—meaning VA must recognize that the disability is linked to military service. Under Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004), the three core requirements for service connection are:
- A current, diagnosed disability (such as PTSD, depression, or anxiety)
- An in-service event (the MST experience)
- A medical nexus—a link between the current disability and the in-service event
For MST-related PTSD specifically, these requirements are governed by 38 C.F.R. § 3.304(f)(5), which recognizes the unique evidentiary challenges of personal assault claims.
Do I Need an Incident Report for a Military Sexual Trauma VA Disability Claim?
No. VA cannot deny an MST-related PTSD claim solely because there is no official incident report in service records. See AZ v. Shinseki, 731 F.3d 1303 (Fed. Cir. 2013). VA recognizes that MST is frequently unreported at the time and applies a liberalized evidentiary standard for these claims.
What Evidence Does VA Accept for MST Claims?
Because many MST incidents go unreported at the time, VA accepts two categories of evidence: direct evidence and indirect “marker” evidence.
Direct Evidence
- Official military reports of the incident
- Service treatment records documenting the assault or its physical aftermath
- Law enforcement records
- Statements from Vet Centers, rape crisis centers, or counseling services
- Records of treatment for sexually transmitted diseases or pregnancy testing around the time of the incident
Indirect “Marker” Evidence
Markers are records or statements that show a change in behavior that is consistent with having experienced trauma, even without directly documenting the assault. VA adjudicators may rely on markers alongside a medical opinion to establish that the stressor occurred.
Common markers include:
- Sudden decline in job performance or a change in duty assignment
- Requests for a unit transfer following the incident
- Behavioral changes such as withdrawal, substance use, or disciplinary actions
- Mental health treatment records showing symptoms consistent with trauma
- Statements from friends, family, clergy, or fellow service members who observed changes in your behavior
- Records of treatment for physical injuries around the time of the assault
The Nexus Requirement: Connecting MST to Your Diagnosis
In addition to stressor corroboration, VA requires a medical nexus: a healthcare professional’s opinion that the current diagnosis (e.g., PTSD) is related to the in-service MST event. This is often established through:
- A Compensation and Pension (C&P) examination ordered by VA
- An independent medical opinion or nexus letter from a private provider
- VA treatment records in which a clinician links the diagnosis to the veteran’s history of MST
What Role Does the Character of Discharge and Discharge Upgrades Play?
VA generally requires honorable or other-than-honorable (OTH) discharge to receive disability compensation. However, veterans with OTH discharges related to MST (including those discharged due to behavior resulting from MST) may be able to request a discharge upgrade through the Discharge Review Board or Board for Correction of Military Records.
How to File an MST-Related VA Disability Claim
Step 1: Gather Your Evidence
Before filing, assemble as much of the following as possible:
- Service records (DD-214 or equivalent)
- Medical records documenting your diagnosis
- A completed VA Form 21-0781—the Statement in Support of Claimed Mental Health Disorder(s) Due to an In-Service Traumatic Event (updated July 2024; the prior Form 21-0781a for personal assault has been discontinued)
- Any direct or indirect marker evidence (see above)
- Buddy statements or personal statements
- A nexus letter, if you have one
Step 2: File Your Claim
File a VA Form 21-526EZ—Application for Disability Compensation and Related Compensation Benefits. You can file:
- Online at VA.gov (also opens an Intent to File, protecting your effective date)
- By mail to the VA Claims Intake Center
- In person at a VA regional office
- With the help of a VA-accredited attorney, claims agent, or Veterans Service Organization (VSO)
Every VA regional office has both a male and a female MST outreach coordinator who can help you file and connect you with support services.
Step 3: Attend Your C&P Exam
After filing, VA will likely schedule a Compensation and Pension (C&P) exam. This is one of the most important steps in the process.
What to expect:
- A VA or contract examiner will review your file and ask about your MST experience and current symptoms.
- You may request a provider of a specific gender.
- The examiner will write a medical opinion that VA raters will rely on heavily.
- Be honest and thorough—describe your worst days, not just average ones.
- You have the right to bring a support person.
Step 4: Receive VA’s Decision
VA will issue a rating decision. If approved, you will receive a disability rating and begin receiving monthly compensation. If denied or if the rating seems too low, you have the right to appeal.
MST and Free VA Health Care: What You Need to Know
VA provides free treatment for any physical or mental health condition related to MST, regardless of whether you have filed a disability claim, received a rating, or are otherwise eligible for VA health care.
This is a separate benefit from disability compensation. It requires no documentation of the MST experience.
Free MST-related services include:
- Individual and group psychotherapy at VA medical centers and community-based outpatient clinics
- MST-related residential and inpatient treatment programs
- Treatment for physical health conditions related to MST
- Vet Center counseling
- Access to an MST coordinator at every VA medical facility
To access these services, contact your nearest VA medical center and ask to speak with the MST coordinator—you do not need to disclose your MST experience during intake.
What If Your MST Claim Was Previously Denied?
VA has improved its training, review processes, and approval rates for MST-related claims significantly in recent years. If your claim was previously denied, you may have grounds to request a new review.
VA encourages veterans with prior denials to contact a Veterans Benefits Administration MST outreach coordinator at their regional office to request a decision review.
Common reasons for denial and what to do:
| Common Denial Reason | What You Can Do |
| No official incident report in service records | Submit marker evidence and request a new exam under the liberalized standard |
| Insufficient nexus | Obtain an independent medical opinion linking your diagnosis to MST |
| C&P exam was inadequate or unfair | Request a new exam or challenge the adequacy of the opinion on appeal |
| Symptoms rated lower than warranted | File a claim for an increased rating with updated medical records |
You should also consider hiring a VA-accredited law firm or representative. An experienced VA appeals firm has a significant number of tools and resources that can be helpful to veterans.
Disagree with a VA Decision? Contact CCK Law
CCK Law is one of the most experienced VA-accredited law firms in the country. Contact us online or at 800-544-9144 to tell us about VA’s decision. There is no charge for this initial discussion.
Frequently Asked Questions About MST VA Claims
What is military sexual trauma (MST)?
MST is VA’s term for sexual assault or threatening sexual harassment experienced during military service. It can happen to anyone regardless of gender, branch, or era of service.
Can I receive VA disability compensation for MST?
Yes, but not for MST itself. VA compensates the conditions caused by MST, such as PTSD, depression, and anxiety. These are rated using the General Rating Formula for Mental Disorders under 38 C.F.R. § 4.130.
Do I need to have reported the MST at the time it happened?
No. VA recognizes that MST is frequently unreported and accepts indirect “marker” evidence when direct documentation may not be available. Marker evidence could be reports or testimony as to changes in behavior or other activities that suggest something happened.
What if I have no service records documenting the assault?
VA cannot deny an MST claim solely for lack of an official report. Submit any marker evidence—behavioral changes, transfer requests, counseling records—along with your personal statement.
What form do I use to describe my MST experience?
As of July 2024, use VA Form 21-0781, Statement in Support of Claimed Mental Health Disorder(s) Due to an In-Service Traumatic Event. The prior personal assault form (21-0781a) has been discontinued.
Can I get VA health care for MST even if I have not filed a disability claim?
Yes. VA provides free MST-related health care regardless of disability status, claim history, or general VA health care eligibility.
What if VA gave my MST-related PTSD a low rating?
You can file for an increased rating with updated evidence. If you believe the initial rating was incorrect, CCK Law’s team can review the decision and help identify the strongest path forward.
Can I claim conditions secondary to my MST-related PTSD?
Yes. Conditions caused by a service-connected MST diagnosis—such as sleep apnea, substance use complications, or sexual dysfunction—may be eligible for secondary service connection. See also CCK’s resources on PTSD secondary conditions.
