Errors in Military Sexual Trauma Claims Continue to Harm Veterans
November 11, 2025
The Department of Veterans Affairs (VA) has touted the seriousness of military sexual trauma (MST) claims. The VA has explained that these claims deserve individualized and careful review. As such, these claims are supposed to adhere to a specific set of evidentiary rules, addressing how challenging it is for survivors to document their assault. However, in practice, this process often breaks down.
Regulatory agencies continue to detect high error rates. For example, an Inspector General audit covering the last full reporting period reported that more than half of the MST claims reviewed were mishandled. For those who experienced assault during service, these mistakes can mean wrongful denials, lengthy appeals, and the loss of benefits that Congress intended to provide.
Evidence of Declining Accuracy
VA data demonstrates a troubling trend. Between fiscal years 2019 and 2024, the accuracy rate for MST claims fell by nearly ten percentage points. During the most recent audit period, investigators determined that over 50 percent of claims contained mistakes significant enough to alter the outcome.
Those figures represent more than statistics. Each flawed claim reflects a veteran whose medical exam was never scheduled, whose service records were left uncollected, or whose case was judged under the wrong evidentiary standard. When those errors occur, they block access to disability compensation, essential treatment, and the official recognition that an injury was service-connected.
The Rules Designed to Protect MST Survivors
Federal law recognizes that survivors of military sexual trauma may not have reported the assault when it happened. Under 38 C.F.R. § 3.304(f)(5), you can prove your claim with “markers” of trauma instead of direct documentation. These markers may include transfer requests, sharp declines in performance, noticeable changes in behavior, or treatment for anxiety and depression. The VA is required to look for these indicators, schedule medical exams when they appear, and apply a more flexible standard of proof.
When VA staff disregard the rules for MST claims, the process stops working as intended. Veterans then receive decisions that treat their cases like standard PTSD claims, applying requirements that are not part of the law. This practice strips away the safeguards designed to ease the burden on survivors and ignores the very protections Congress created to ensure fair treatment.
Patterns of Mistakes in MST Cases
Veterans commonly encounter the same types of errors, including:
- Failure to Schedule Exams. The VA sometimes denies claims without ordering the mandatory medical evaluation that could link your symptoms to service.
- Incomplete Evidence Development. Records showing behavioral changes, performance evaluations, or lay statements may not be gathered or considered.
- Misapplication of Standards. Adjudicators occasionally apply stricter rules than allowed, treating MST claims as if they require corroboration that the law does not demand.
- Weak or Flawed Nexus Opinions. Even when exams are conducted, the resulting medical opinions may fail to address the full scope of your history or ignore relevant markers.
Each of these errors represents a breach of the VA’s duty to assist and a barrier to a fair outcome.
The Impact on Veterans’ Lives
The harm caused by these mistakes goes beyond paperwork. A denial may deprive you of compensation needed to cover living expenses, treatment, or counseling. Without service connection, you may also lose access to specialized MST programs within the VA health care system.
The emotional impact is equally damaging. Survivors who already endured the trauma of assault can feel retraumatized when the VA rejects their claims based on errors, reinforcing the sense of not being believed. Appeals may eventually correct these mistakes, but that process can take years, years during which you are denied recognition and support.
Ways to Strengthen an MST Claim
The claims process has weaknesses, but you are not powerless. Taking deliberate steps to develop your file can improve the chance of a fair outcome.
- Write a thorough personal statement. Your account matters. Explaining what happened, how you responded at the time, and how it continues to impact your life can provide decision-makers with the necessary context.
- Collect statements from others. Friends, relatives, or fellow service members may have noticed changes in your mood, performance, or behavior. Their observations can serve as crucial corroborating evidence.
- Seek an independent medical opinion. A clinician outside the VA system can connect your current diagnosis to events in service and highlight the markers that may have been overlooked.
- Request and review your service records. Items such as evaluations, counseling notes, or transfer requests often contain markers that the VA must consider under MST regulations.
Each piece of evidence reinforces your claim and makes it more difficult for the VA to disregard the rules that were created to protect survivors.
Appealing an MST Claim Denial
A denial does not end your case. You can file a Supplemental Claim with new evidence, ask for a Higher-Level Review by a senior adjudicator, or bring your case before the Board of Veterans’ Appeals for a hearing with a judge.
Although the appeal process often takes time, it gives you another opportunity to present your evidence, point out mistakes, and push for the outcome that should have been granted in the first place.
Call Legal Help for Veterans Today
Mistakes in MST claims remain a widespread problem. Survivors deserve a system that follows its own rules and delivers fair decisions the first time. If your claim has been denied or delayed, call Legal Help for Veterans at 1-800-693-4800. Our firm is committed to correcting VA errors and protecting the rights of veterans.