​" Sexual harassment is further defined as "repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character."Military Sexual Trauma (MST) includes any sexual activity where a Service member is involved against their will - they may have been pressured into sexual activities (for example, with threats of negative consequences for refusing to be sexually cooperative or with implied better treatment in exchange for sex), may have been unable to consent to sexual activities (for example, when intoxicated), or may have been physically forced into sexual activities. Other experiences that fall into the category of Military Sexual Trauma (MST) include:

 

• Unwanted sexual touching or grabbing

• Threatening, offensive remarks about a person's body or sexual activities

• Threatening and unwelcome sexual advances

 

When pursuing claims for Military Sexual Trauma (MST), it's essential to provide the Department of Veterans Affairs (VA) with detailed documentation to substantiate your claim. Here, we outline crucial forms that play a pivotal role in this process, highlighting the importance of a comprehensive statement detailing the traumatic event. Without such a statement, the VA may not fully consider your claim or proceed with scheduling an examination. Below are key forms and guidance on their use:

 

MST (Military Sexual Trauma)

• Evidence: No requirement for the incident to have been reported when it occurred. However, evidence or "markers" such as changes in performance, requests for transfers, or statements from peers can support the claim.

• Diagnosis: A current psychological diagnosis that can be linked to the MST experience.

• Nexus: Proof of a link between the MST and the current psychological diagnosis.

 

Personal Assault

• Reporting: Similar to MST, official reporting of the assault at the time it occurred is not mandatory, but supportive evidence or "markers" are beneficial.

• Diagnosis: A current diagnosis related to the assault, such as PTSD or other psychological conditions, by a qualified professional.

• Nexus: Documentation or evaluation showing the connection between the assault and the diagnosed condition.

 

 

Essential VA Forms: Personal Assault and MST Claims

(Current Clients Can Click to File)

​

​

VA Form 21-0781a: MST and Personal Assault 

Click to File Specifically designed for survivors of MST or personal assault, this form guides you through providing a detailed account of the incident(s), including any available evidence or reports. Eligibility: Veterans experiencing symptoms related to personal assault or MST during military service.

​

VA Form 21-10210: Lay Witness Statement

Click to File This form supports your claim by allowing friends, family, or fellow service members to provide their observations. These statements can corroborate your account of the traumatic event and its impact on your life. Importance: Offers additional evidence through personal accounts, reinforcing the validity of your experience and claims.

​​

VA Form 21-4138: Statement in Support of Claim

Click to File An additional tool for veterans to provide personal statements, clarify their situation, and detail the impact of PTSD or MST on their lives. Usefulness: Allows for a personal narrative that might not fit the structured format of other forms, offering a platform for a heartfelt and detailed account.

​

Guidance on Writing a Statement:

For those who prefer or need to write a statement independently, providing a coherent and detailed account of the traumatic event and its aftermath is crucial. A well-written statement can significantly support your claim. How to Write a Statement Key Elements: Describe the incident clearly, include dates (if possible), locations, and the effect on your mental and physical health. It's essential to articulate the connection between your service and the MST symptoms you're experiencing. The more information you can provide, the better the VA can understand and process your claim.

 

For more information, Veterans can:

• Speak with their existing VA health care provider.

• Contact the Military Sexual Trauma (MST) Coordinator at their nearest VA Medical Center.

• Call Safe Helpline at 1-877-995-5247 to get confidential one-on-one help. Safe Helpline provides 24 hours a day, seven days a week, sexual assault support for the Department of Defense community.

• Contact their local Vet Center.

• Veterans should feel free to ask to meet with a provider of a particular gender if it would make them feel more comfortable.

• Military Sexual Trauma Coordinators - https://www.benefits.va.gov/benefits/mstcoordinators.asp

​​

Advocates Notes:

When pursuing a claim related to Military Sexual Trauma (MST) and personal assault, it's essential to compile a detailed account of the incident(s) and their profound impact on your mental and physical well-being. Given the sensitive and complex nature of these claims, documenting supportive evidence is crucial. This might include any reports made, records from medical or psychological treatment related to the trauma, and statements from individuals who were either aware of the incident or noticed changes in your behavior afterward. Crafting a personal statement that candidly discusses the experiences of MST and personal assault, along with the adverse effects on your daily life, professional capabilities, and interpersonal relationships, is vital.

 

Given the complexities and nuances of filing MST and personal assault claims, seeking assistance from an accredited agent experienced in veterans' benefits is strongly advised. Such professionals are adept at navigating the VA system, ensuring that your claim is both comprehensive and presented with the utmost respect for your personal experiences. They can also provide invaluable support by guiding you towards additional resources and advocating for your rights, helping to secure the recognition and benefits you deserve while maintaining your dignity throughout the process.