Military Sexual Trauma (MST) Markers

MILITARY SEXUAL TRAUMA (MST) MARKERS

(Title 38 U.S. Code 120(d), 38 U.S.C. 101(2) and (24)):

MST is defined by Title 38 U.S. Code 120D. It states MST is:

• Psychological trauma resulting from a physical assault of a sexual nature

• Battery of a sexual nature

• Sexual harassment which occurred while the Veteran was serving on:

• Active duty

• Active duty for training

• Inactive duty training

Sexual harassment is different. It is defined as “repeated, unsolicited verbal or physical contact of a sexual nature.”

Disability Compensation for MST Disability compensation is not given for MST. However, you can receive it for conditions that result from MST.

Because events involving sexual trauma are not always officially reported, VA looks for “markers” (i.e., signs, events or circumstances) that provide an indication the traumatic event happened, which include but are not limited to records from rape crisis or mental health counseling centers, tests for pregnancy or sexually transmitted diseases, statements from family members or roommates, transfer requests, deterioration in work performance, episodes of depression or anxiety without an identifiable cause and relationship issues.

The following can support your MST claim:

• Department of Defense sexual assault or harassment reporting forms

• Investigative reports completed during military service

Not all sexual trauma events are reported. PTSD claims related to MST require less evidence. Instead, the VA now looks for “markers.” These may be signs, events or circumstances. These provide some clue the traumatic event happened.

Some examples of markers are:

• Records from official sources

• Law enforcement

• Rape crisis centers

• Mental health counseling centers

• Hospitals

• Physicians

• Pregnancy tests

• Tests for sexually transmitted diseases

• Statements from others

• Family members

• Roommates

• Clergy members

• Fellow Service members

• Counselors

• Requests for transfer to another military duty assignment

• Decrease in work performance

• Substance abuse

• Episodes of the following without clear cause:

• Depression

• Panic attacks or Anxiety

• Unexplained behavior (economic or social)

• Relationship issues like divorce

• Sexual dysfunction

Naming the assailant

You do not have to actually name the attacker. This is important when the assailant may be in your local vicinity, still attached to your unit, etc. Just because you are unwilling to name the person who attacked you does not mean you should not file a claim for PTSD or other conditions related to the MST.

NOTE: The claim should also include personal, spouse, family and co-worker statements on how the conditions affect the Veteran’s daily activities and quality of life. Dates and times of symptoms are important as valid lay evidence. 

NOTE: Ensure you include a VBA Form 21-0781 with your claims.