How to Win a Military MST Claim
Military Sexual Trauma (MST) is a serious issue that affects thousands of military personnel every year. It can have a profound impact on a person’s mental and physical health, leading to anxiety, depression, PTSD, and other conditions. If you are a veteran who has experienced MST, you may be eligible for compensation and benefits through the Department of Veterans Affairs (VA).
What is Military Sexual Trauma?
Military Sexual Trauma (MST) is any sexual harassment or sexual assault that occurs while you are serving in the military. This can include incidents such as:
• Sexual harassment
• Sexual assault
• Rape
• Inappropriate touching
• Grooming
• Unwanted sexual advances
• Threats of sexual violence
How to File a Claim for MST
If you have experienced MST, you can file a claim with the VA to receive compensation and benefits. Here are the steps you can follow:
Step 1: Gather Evidence
Gathering evidence is a crucial part of filing a claim for MST. This can include:
• Medical records: Get a copy of your medical records from the VA or your military branch.
• Therapy records: Get a copy of your therapy records from your therapist or counselor.
• Witness statements: Get written statements from people who witnessed the incident or have supporting information.
• Eyewitness accounts: Get written statements from people who have witnessed the incident.
Step 2: Complete the Claim Form
To file a claim for MST, you will need to complete the VA Form 21-0781, which is the claim form for MST. This form asks for detailed information about the incident, including:
• Date of the incident: The date the incident occurred.
• Location of the incident: The location where the incident occurred.
• Perpetrator: The name and rank of the person who committed the sexual trauma.
• What happened: A detailed description of what happened during the incident.
Step 3: Submit the Claim
Once you have completed the claim form, you will need to submit it to the VA. You can submit your claim by:
• Mail: Mail your claim form to the VA address listed on the form.
• Online: You can submit your claim form online through the VA’s website.
• In person: You can also submit your claim form in person at a VA regional office.
What You Need to Prove
To win a claim for MST, you will need to prove that you experienced MST, and that it is related to your mental and physical health conditions. The VA will consider the following factors when evaluating your claim:
• Severity of the incident: The severity of the incident and its impact on your mental and physical health.
• Timeliness of the claim: The timeliness of your claim, meaning that it was filed within a reasonable amount of time after the incident.
• Impact on daily life: The impact that the incident has had on your daily life, including your relationships, work, and overall well-being.
Types of Compensation and Benefits
If your claim is approved, you may be eligible for a range of compensation and benefits, including:
• Disability compensation: A tax-free monthly payment to help compensate for the impact of your mental and physical health conditions.
• Mental health treatment: Access to mental health treatment, including therapy and counseling.
• Specially adapted housing: Help with adapting your home to accommodate your mental and physical health conditions.
• Education and training: Education and training benefits to help you develop new skills and find employment.
What to Expect After Filing a Claim
After filing a claim, you will receive a decision from the VA. If your claim is approved, you will receive a letter explaining the amount of compensation and benefits you are eligible for. If your claim is denied, you will receive a letter explaining the reasons for the denial.
What to Do If Your Claim is Denied
If your claim is denied, you can appeal the decision by:
• Submitting new evidence: Submitting new evidence that supports your claim.
• Re-submitting the claim: Re-submitting the claim form with additional information.
• Appealing to the Board of Veterans’ Appeals: Appealing to the Board of Veterans’ Appeals, which is the highest level of appeal.
Conclusion
Filing a claim for MST can be a complex and challenging process, but it is an important step in seeking the compensation and benefits you deserve. By following the steps outlined in this article, you can increase your chances of winning a claim for MST. Remember to gather evidence, complete the claim form, submit the claim, and prove that you experienced MST and that it is related to your mental and physical health conditions.
Table: Timeline for Filing a Claim for MST
| Timeline | Action |
|---|---|
| Within 3 years of separation | File a claim with the VA |
| Within 1 year of receiving medical treatment | File a claim with the VA |
| Within 2 years of receiving therapy | File a claim with the VA |
| Within 1 year of receiving mental health treatment | File a claim with the VA |
Additional Resources
• VA Website: www.va.gov
• VA Form 21-0781: www.va.gov/vaforms/vaform_21_0781.pdf
• MST Helpline: 1-855-VA-MENT (1-855-825-3686)
Remember
- If you are a veteran who has experienced MST, you are not alone. There are many resources available to help you, including the VA, MST helplines, and support groups.
- Filing a claim for MST can be a complex and challenging process, but it is an important step in seeking the compensation and benefits you deserve.
- Don’t hesitate to reach out for help if you need it. There are many people and resources available to support you throughout the process.
