Do I need an official military report from the time of the incident to file an MST claim?

No. Victims of Military Sexual Trauma do not have to file an official report to be able to file a disability claim. You do not need an official military report, criminal investigation, or related medical records immediately after the incident. The VA will accept behavioral markers as evidence for these claims.

What are examples of “behavioral markers” that the VA looks for?

Behavioral markers are intended to serve as indicators of sexual trauma and can include sudden requests for transfer, unexplained drops in performance, unexpected treatment for sexually transmitted diseases, substance abuse concerns, or statements from friends or family about significant changes in behavior.

Can I file an MST claim if I received an Other-Than-Honorable (OTH) discharge?

Yes. An Other-Than-Honorable discharge does not prevent veterans from filing a disability claim tied to Military Sexual Trauma. The reality is that many sexual assault survivors receive less-than-honorable discharges due to behavioral or performance changes that are caused by the trauma. These veterans are still eligible to apply for VA healthcare benefits for Military Sexual Trauma, and a veteran disability attorney can help you file for a discharge upgrade or a Character of Discharge review.

Is there a deadline or time limit to file a VA disability claim for MST?

No. There is no deadline to file a Military Sexual Trauma claim. Many presumptive conditions have set deadlines, but there is no expiration date for MST-related claims, and veterans can file a claim years after they are discharged from military service.

Practice Areas

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