Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Military sexual trauma is a very real problem that is finally being acknowledged by the Department of Veterans Affairs (VA). We are sorry that this post was not as useful for you! The review concluded the VBA did not correctly process veterans’ denied MST-related claims in 82 of 169 cases. Cassandra Crosby, Claims Advocate Updated: December 27, 2018. Social Security Disability Benefits Guide, 5 Important Things to Remember about your Social Security Claim, Individual Unemployability Rating Calculator, The State of Veteran Health Benefits in the US, The Physical and Mental Health of Veterans, unnecessary C&P exams and yet, in the same fiscal year, they are denying needed exams, What We’d Rather Not Talk About but May Surprise You - MST, Evidence to Support Military Sexual Trauma (MST) Claims, MST, PT, and the VA: Changes in the Evidence Requirement, Why Your MST Case May Have Been Denied Incorrectly, Records from law enforcement, sexual assault centers, mental health counseling, hospitals, or physicians, Statements from family members, roommates, fellow Service members, clergy members, or counselors, Requests for transfer to other duty stations, Episodes of depression, panic attacks, or anxiety without identifiable causes, Unexplained economic or social behavioral changes. The expedited (faster) process is used for military service members who become disab... What is disability compensation? For VA disability purposes, PTSD MST VA claims are an extremely personal and sensitive issue, and oftentimes lack sufficient evidence to prove that the in-service stressor event occurred. What to do if VA has already denied your MST claim The VA is reviewing all denials of MST-related disability claims filed after 2017. Military sexual trauma, or MST, is an emotional disorder that is the end result of someone being harassed, harmed, or subjected to unwanted sexual attention. If you were one of the 3000 veterans who received a letter offering a review of a denied MST claim, note that that you received a letter from the VA on (date), offering you the option to have your previously denied PTSD /MSD claim reviewed for possible adjudication errors, and you are requesting this review. Since that time, we have provided compassionate Please call for an appointment before visiting: Mail Processing Center: P.O. They denied it. Up until now, you made your disability claim inside the Veteran Affairs system. And it does not help that, according to the Service Women’s Action Network (SWAN), two out of every three disability claims of MST-related post-traumatic stress disorder are denied for veterans. If not service connected, they may also be piling up medical bills or, it not getting treatment, getting closer and closer to hospitalization or even potential suicide. A recent investigation estimates that the VA failed to follow procedure when processing over 1,000 of the denied claims. Veterans who submitted MST-related claims before that time and were denied may opt to reapply. MST Compensation Claim Question. The VA is mandated to review records with a more liberal hand to corroborate a case of MST, meaning they do not have to find hard evidence that it occurred, just evidence that can corroborate a trauma occurred. This month Veterans Benefits Administration (VBA) Undersecretary Willie Clark told Congress that one in five military sexual trauma claims were wrongfully denied or improperly handled by the Department of Veterans … Contact Us. Chicago, IL: 55 E. Monroe Street, Suite 3800, Chicago, IL, 60603 Charleston, SC: 4000 S. Faber Place Drive, Suite 300, Charleston, SC, 29405 Service members are not only afraid for their careers if they report the assault, but they are also afraid of the residuals from not only the attack such as continued harassment, getting their careers sidelined, or getting poor details; also the residuals of the mental health trauma attached to the assault. Claims examiners denied roughly half of those applications. Going to mental health clinics for assistance in dealing with trauma, be it counseling or medication treatment, can also lead to a call for “unfit for duty” and an end to someone’s career, for something that was perpetrated by another person. For this reason, VA allows all veterans who filed MST-related PTSD claims before December 2011 to request a re-evaluation from their local VA regional office. Because MST claims usually lack “traditional” evidence, a person filing for a service-connected condition, mental illness and/or a physical disability caused by MST can fill out VA Form 21-0781a. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 San Jose, CA: 2880 Zanker Road, Ste. Veterans who have been denied disability benefits for post-traumatic stress disorder (PTSD) related to military sexual trauma (MST) are now able to have those cases re-examined by the Veterans Benefits Administration (VBA). In FY 2017, this equated to about 5,500 claims, or 46% of all MST claims filed. Since 2011, VA Undersecretary for Benefits Allison Hickey has been working to correct the disparity in claims approval ratings for … Home » News » Claims Wrongly Denied and Mishandled by the VA. Claims Wrongly Denied and Mishandled by the VA February 14, 2020. In the military, even in the 21st century, there is still a stigma and whether the DoD wants to believe it or not, people lose their careers over reporting, especially if their perpetrator is senior to themselves or someone who has influence. In order to win your PTSD claim for disability, you will need to collect enough evidence to prove your claim beyond a reasonable doubt. I cried and was depressed for at least a month. When the OIG went back to review the claims denied, the following was found: The OIG is recommending changes to the process to ensure that these issues are corrected, including a review of all past denied MST-related claims from 2017. MST includes any sexual activity that you are involved with against your will. Send a letter to your regional VA benefits office: If you were one of the 3000 veterans who received a, If you did not receive a letter, state that you are asking for your previously denied. If your MST Claim was Denied, Call Us. For more information or should you have questions not answered below, please feel ... Did you know that military service members may receive faster processing of disability claims from Social Security? Getting Disability Compensation For MST. However, many veterans have applied for and been wrongly denied their PTSD claims arising from military sexual trauma. Sadly, a veteran may have MST PTSD due to an in-service incident, such as a rape, assault, battery, robbery, mugging, stalking, or other form of harassment. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 ... and all claim submissions were denied. If you were denied a claim for PTSD due to MST, please call us to review your case and see if there were mistakes made on your claim by the VA. We have experts that want to make sure that your life becomes your own again. Our representatives obtained a lay statement from her priest and submitted it to VA. The evidence in question involves such things as evidence of a stressor, behavioral changes, and outside records that can identify a possible stressor. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If they did, there would be many more reports in veterans’ service records of MST being reported to officials than there are. yet assertive representation for our clients. The VA has a duty to assist in claims and when it comes to a case of military sexual trauma (MST), there are different rules to carry out that duty to assist. Our firm was founded in 1986 in Orlando, Florida. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Evidence that can be considered “markers” in a VA MST claim includes: When a veteran files a claim for a condition related to MST, the VA is required to assign staff specially educated in identifying markers of trauma in a records review. Evidence was found that was sufficient to call for a medical exam but the staff did not call for one in 28% of cases; Evidence-gathering issues were inadequate such as not requesting personal medical records in 13% of cases; MST Coordinators did not call veterans or use language in letters sent to veterans to determine whether the incident was reported in service or attempt to obtain a copy of the report in 11% of cases; Reviewers decided veterans’ claims based on contradictory or otherwise insufficient medical opinions in 10% of cases. The VA can only deny a medical exam in these cases if there is no evidence of a stressor, no evidence of a behavioral marker, or no evidence of a mental disorder. Per VA’s policy regarding, even for MST-related claims with little supporting evidence, rating officers must request a VA medical examination in order to obtain a diagnosis and/or establish a link between the claimant’s post-traumatic stress disorder (PTSD) and their MST. Veterans who become disabled due to an injury or disease that began (or worsened) during active military service can claim monetary benefits. Why Your MST Case May Have Been Denied - Hill & Ponton, P.A. Instead, I think the VA should establish a presumption that female service members were raped or sexually assaulted in service. Examples include: Being pressured or coerced into sexual activities, such as with threats of negative treatment if you refuse to cooperate or with promises of … Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Learn more about us, Veterans Disability Claim If you have ever been denied a PTSD claim due to MST you should contact the VA to double-check that your claim will be reviewed and … This first mistake caused undue stress for MST victims already suffering from PTSD, anxiety disorders, or any number of mental health conditions, let alone any physical conditions that may have been related to their attack. What to do after a PTSD claim is denied: Know your appeal dates. If you need help with your application, call your regional VA office and ask if there is an MST specialist that can help you. In 2018 alone, 20,500 service members were raped or sexually assaulted. You want to attack the VA’s argument by understanding their reasoning for denying your claim. The military does not do as good of a job dealing with sexual assault as they like to pat themselves on the back for. Unfortunately, Mlitary Sexual Trauma (MST) happens in all branches of the military. 1. The VA calls this "dis... Was your MST-Related VA Benefit Claim Denied? Once a victim of military sexual trauma leaves the service and applies for VA disability compensation, the VA will invariably deny the claim unless there is explicit mention of the trauma in the service medical or personnel records. Veterans of all genders and from all types of backgrounds have experienced MST. While we still have our home base in Florida, Many MST claims have been appealed, and the people got their S/C Disability. The VA ALWAYS explains why they denied your claim. In FY 2017, VBA denied about 5,500 of those claims (46 percent). For new claims and other MST-related information, see our MST index here. The provision ensured more transparency in the VA claims process by requiring the agency to make regular reports on how many benefit claims for military sexual trauma it received, how many it denied, and reasons for denial. PTSD Military Sexual Trauma (MST) Denials due to “Unverified Stressor Event” or “Lack of Markers” In 2018, the Veterans Administration audited all the Post Traumatic Stress Disorder claims related to Military Sexual Trauma (PTSD MST) that it received in 2017. Learn about Special Review Process, Discharge Upgrades & Military Record Changes. You don’t want to let your appeal period collapse. Link to original post. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Review your Rating Decision carefully. MST is difficult to process because most victims do not want anyone to know they were assaulted. She has over 20 years of experience of management of non-profits programs in Mental Health, Substance Abuse, and Victim Services. However, this has not been the standard practice of the VA and, according to a recent report to the Office of the Inspector General, nearly half of the MST cases are not being handled properly resulting in not only denials of valid claims, but increased traumatization and stress of the victims. Yet the DoD has made no moves to correct this imbalance of power perpetrators have in a substantial manner. A denial letter can be very discouraging. We have a huge team of men and women that are ready to help you sort through C&P exams, your entire C-File, and any other documentation we can gather about your time in the service. It doesn’t just happen to females…and the perpetrator can be of the same or of the opposite gender.…, How Can Veterans Show Evidence of Military Sexual Trauma? they have the specialized knowledge needed to evaluate these claims properly. You’ve sent your claim to your regional office. However, the OIG found that in 28% of the claims that were denied, “evidence was sufficient to request a medical examination and opinion, but staff did not request one.” VA may only deny a MST claim … If Your Claim Is Denied Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices This is one of the main reasons a PTSD disability claim may be denied. The biggest difficulty with a claim for PTSD/MST when no report was made and there is no hard evidence any incident occurred.VA cannot rate a claim foe something not in evidence. Thousands of MST-Related PTSD Benefits May Have Been Wrongly Denied Not everyone exposed to MST experiences PTSD as a result. This…, In the past, if a Veteran made a claim for disability compensation for a condition caused by a military sexual assault (MST) or personal trauma (PT), the victim had to…. State in your letter that you believe acceptable markers or evidence was overlooked. Many of these claimants also cannot work due to the residuals of their attacks and have just lost valuable time gaining access to much needed financial assistance in paying for things like rent and electric and food. The information requested through this form can help you supply the evidence you will need to prove your claim. Reapplying for MST Claims. From the victims’ point of view, it is unfair that their life be ruined because someone else did something so wrong. Nearly half of those claims were denied. We will help you with your stressor letter – a letter that spells out and details the events that caused your PTSD. She started at Hill & Ponton in the Spring of 2016. As others have said, fighting the VA should be a mental health claim in and of itself! Know exactly how long you have to file an appeal. A crime is a crime, and needs to be reported. Q and A about previously denied claims based on MST and how to get your case reviewed. And if you have a clear sense of what proof was overlooked, state what you believe it is. Not all regional offices have an MST specialist, so if yours doesn’t, then ask to speak to the Women Veterans Coordinator. The option is still available for a veteran to request that the VBA review a previously denied claim for PTSD resulting from sexual trauma. VAOIG estimated 1,300 of 2,700 MST-related claims denied were … Below are answers to Frequently Asked Questions (FAQs) about Social Security benefits and Military service. In a recent report, we just learned how the VA spent over $24,000,000 in FY 2017 in unnecessary C&P exams and yet, in the same fiscal year, they are denying needed exams and denying claims leading to an increased mental health crisis among our most vulnerable populations of veterans. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 In April, she began the appeal process when she filed VA Form 21-0858, called a Notice of Disagreement (NOD), with the RO. A total of 169 MST-related claims that were denied were reviewed. Within a year of discharge, she filed a claim for PTSD due to MST. In 2017, U.S. Veterans filed 12,000 Veterans Benefits Administration claims seeking support for post-traumatic stress disorder (PTSD) related to military sexual trauma (MST). She hired us to assist with her appeal. To locate your regional office, call 800-827-1000 or visit www.va.gov. In December 2011, VA personnel began receiving training on how to process MST-related disability claims. By the way – here’s something you may not know: MST is not the medical condition you will request to get service connected for. The Veteran believed VA was wrong in denying her PTSD claim based on Military Sexual Trauma (MST). Now you’re appealing your claim at the Court of Appeals for Veterans Claims (CAVC). VA denied the claim for lack of credible supporting evidence. If you want comments that will directly address your claim, and advice that may be able to help … How to get your previously denied VA Compensation claim reviewed. In late 2016, a provision of legislation Congresswoman Pingree introduced - the Ruth Moore Act, named after Mainer Ruth Moore - was passed in a Veterans Omnibus package. She is a Florida native and is also a full time student working on a Bachelor’s Degree in Legal Studies. The shame, embarrassment and fear hinder many victims from ever reporting military sexual trauma (MST). (Bhagwati, Park, Goldberg, Mammel, & Shah, 2013). The Congresswoman's office sent us these updated claim instructions in March 2015: The Pingree site also invites your Feedback on the Review Process.  We encourage you to share your experiences, in order to strengthen the system for all. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Learn more here. Three years later, in FY14, the gap had shrunk to less than six points, with grant rates of 54.1% and 48.5% respectively. Social Security Disability Claim Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The review team assessed a sample of 169 MST-related claims that VBA staff denied from April 2017 through September 2017 (the review period). we represent clients nationwide. You can request a re-evaluation by contacting an MST Outreach In FY11, there is a substantial gap: 59.5% of non-MST related PTSD claims were granted, compared to only 35.6% of MST-related PTSD claims, a nearly 24 point gap. Sexual assault continues to be a serious problem in the military. This review is an option even if you have been service connected on a later claim (not an appeal).  If the evidence for service connected was the same, or there was a failure in the duty to assist, there may be grounds for a "clear and unmistakable error. The VA has a relaxed standard of evidence required for MST than other claims, understanding that many victims do not, or cannot, report the crime. 203, San Jose, CA 95134 Examine why your PTSD claim was denied. ". In April 2017, Congresswoman Pingree introduced legilsation to help military service members who have been sexually harassed online. Veterans who want VA to review their previously denied MST-related PTSD claim should contact their local VA Regional Office (RO) or the MST Coordinator at their RO. The VA did not use experienced staff to review medical and personnel records of claimants, missing the above criteria, so many claims were denied without calling for a medical exam. In June 2010, the RO again denied her claim, so she filed VA Form 9, called a Substantive Appeal. They also denied it. The VA makes veterans corroborate Military Sexual Trauma (MST) if they claim PTSD related to a sexual assault or rape in service. She is currently focusing on reviewing files for evidence that can be beneficial to disability claims. You’ve sent your claim to the Board of Veterans’ Appeals. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Cassandra Crosby is a Veteran’s Claims Advocate for Hill & Ponton. Sounds like you have more than enough for a valid claim. In June 2013, Congresswoman Pingree posted this very helpful Q and A about previously denied claims based on MST and how to get your case reviewed. Additionally, when service records do not show any decline in performance ("Impeccable" records), another indication is lacking. In 2013, the VA sent a letter to some veterans whose MST-related PTSD claim had been denied after 2012. The letter conceded that, in some cases, appropriate evidence had been overlooked. The review team found that VBA staff did not properly process veterans’ denied MST-related claims in 82 of 169 cases. Melbourne, FL: 100 Rialto Place, Suite 700 Melbourne, FL 32901 Copyright © 2021 Hill & Ponton, P.A.. All Rights Reserved. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 letter offering a review of a denied MST claim. Insufficient Evidence. Military sexual trauma (MST) refers to sexual assault or repeated, threatening sexual harassment experienced during military service. Seattle, WA: 506 2nd Ave, Suite 1400, Seattle, WA 98104. You need to read that decision again, and as said above, make a copy of it, blank out YOUR identifying information, and post that decision here. However, Los Angeles (CA) approves 88% of their MST claims. If you experienced any sexual activity against your will during your time in the military, you may have experienced MST. Increasing societal awareness about the impact of MST has led to many changes for veterans seeking help. If you filed an MST-related claim before August 2018 and received a denial, VA encourages you to refile so that your claim can be reviewed by staff who have received this training. Once the markers are identified, a medical exam (C&P exam) is scheduled and the evidence is sent to the Regional office for review.