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New VA Sexual Trauma Disability Protocols Issued

Of all female veterans of Afghanistan and Iraq Wars who suffer from post-traumatic stress disorder (PTSD), approximately a third report being sexually harassed, assaulted, or even raped. About 1 in 100 male veterans with PTSD reported “unwanted sexual contact.” As a result of that study, the Department of Veterans Affairs (VA) issued specific protocols to its regional offices on how PTSD claims rooted in military sexual trauma (MST) must be handled, according to an article in The Navy Times.

The majority of veteran’s disability claims mandate veterans to make a statement and couple it with supporting yet objective records supporting a disability claim such as: 

• ·        proof of participation in combat;
• ·        proof of being subjected to a traumatic event;
• ·        a doctor’s statement; or
• ·        a diagnosis.

The VA’s new sexual trauma guidelines promote disability claims examiners to attempt to find evidence of the underlying harassment or assault to support and/or corroborate the veterans’ statements. That evidence can come from multiple sources, such as: 

• ·        pregnancy tests;
• ·        requests for reassignments; or
• ·        requests for counseling for depression.

Probably one of the most difficult things about MST is veterans usually don’t report when and where it happens because it’s inherently such a sensitive topic. Therefore, the VA guidelines draws out tactics VA investigations must follow when looking into veterans’ claims and requires claims investigators to “weigh evidence in a light ‘most favorable to the veteran.’”

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today – 1-888-234-5758.