Over the last 10 years, thousands of military sexual assault survivors who suffer from Post-Traumatic Stress Disorder (PTSD), and who submitted circumstantial evidence (secondary markers) of sexual assault or harassment, have seen their claims denied. While there has been increased attention to adjudicating these claims accurately, in a July 2012 Congressional hearing, the VA admitted that mistakes were made in its consideration of some of these claims and agreed to launch a review of denied MST-connected PTSD claims. In April 2013, some veterans who received denials for PTSD/MST service connection after 2009 were sent a letter offering to evaluate whether acceptable evidence was overlooked in reviewing their claim.

While I am glad the VA will review these cases to give some veterans a second chance to receive the compensation they deserve, I don't think the agency went far enough. I'm also disappointed with the lack of information and resources the VA has provided to veterans who could benefit from a review. I've put together a FAQ below to help you in the process. I've been proud to work on easing the evidence standards necessary for MST survivors to receive benefits, but in the meantime we should at least give veterans the fair consideration they're due under the current rules.

Best,
Chellie Pingree

MST Denied Claim Review FAQ

1. What has the VA sent to veterans regarding the review?
2. Do I have to be contacted by the VA to get my case reviewed?
3. What kind of errors have been made?
4. What cases are being reviewed?
5. Will my case be reviewed automatically?
6. How can I have my case reviewed?
7. Where is my local VA Regional Office?
8. What other resources can I take advantage of to get help in the review process?
9. Do I have to wait for a decision from the VA to get counseling for my PTSD?

Share Your Feedback on the Review Process

1) What has the VA sent to veterans regarding the review?

The VA has sent out a letter to some--but unfortunately not all--veterans whose MST-related PTSD claim has been denied to make them aware that they can request a review for their case. While the letter does not adequately convey to veterans all their rights and resources in the process, it may be helpful for you to see the letter and have it on hand when you're dealing with the VA. You can read and print the letter here.

2) Do I have to be contacted by the VA to get my case reviewed?

No. Veterans who did not receive a letter from the VA can still have their claim reviewed provided it is PTSD based on MST.

3) What kind of errors have been made?

In some cases the VA may have overlooked certain evidence, such as secondary markers, to prove a sexual assault occurred.

Secondary markers can include:

• Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians.
• Pregnancy tests or tests for sexually transmitted diseases.
• Statements from family members, roommates, fellow Servicemembers, clergy members, or counselors.
• Request for transfer to another military duty assignment.
• Deterioration in work performance.
• Substance abuse.
• Episodes of depression, panic attacks, or anxiety without an identifiable cause.
• Unexplained economic or social behavioral changes.
• Relationship issues, such as divorce.
• Sexual dysfunction

4) What cases are being reviewed?

The VA is only reviewing MST cases where PTSD is the claimed condition, and only claims that were fully denied.

5) Will my case be reviewed automatically?

No, veterans must request the review themselves if they think they were wrongfully denied.

6) How can I have my case reviewed?

Call the VA's toll-free number at 1-800-827-1000 or contact your local VA regional office to ask for a review. These two links to VA forms may be helpful.

• VA Form 21-4138 (Statement in Support of Claim)
• VA Form 21-0187A (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) Secondary to Personal Assualt)

7) Where is my local VA Regional Office?

You can find the closest office to you and its contact information here.

8) What other resources can I take advantage of to get help in the review process?

Veterans service organization assist many veterans in filing their VA claims and can advocate on issues such as retroactive benefits. Contact your local organizations to see how they may be able to help you.

Members of Congress also offer help to constituents in districts they represent. Go here to find your Representative and go here to find your Senator.

9) Do I have to wait for a decision from the VA to get counseling for my PTSD?

No. VA Regional Medical Centers, VA Community-Based Health Centers, and community Vet Centers all provide free counseling and treatment for MST-related disabilities--verification of an MST event is NOT required. In addition, if you need additional resources, visit the National Center for PTSD website at www.ptsd.va.gov.

Share Your Feedback on the Review Process

As I work to push the VA to make the MST claims process easier for veterans, hearing about your experiences with the VA's review process would be helpful. If you are having your denial reviewed, please share your feedback on the process here. --Chellie