Was your claim for PTSD sexual trauma denied in the past? VA now supports reapplication of previously denied disability claims for these types of cases. VA has acknowledged that errors were made in its decisions on many of these claims and has agreed to launch a review of denied benefits for PTSD related to military sexual trauma (MST).
In cases of MST-connected PTSD, a veteran is not awarded disability compensation for the actual event. Instead, the veteran may qualify for disability for conditions that result from the traumatic event, such as Post Traumatic Stress Disorder.
Often veterans who are denied VA disability benefits believe that the VA’s decision is final in these situations. Fortunately this is not the case! Military veterans are entitled to receive many benefits following their service. The ability to reapply and be reconsidered for previously denied MST-related PTSD benefits is certainly a prime example.
New Changes in VA Law for PTSD Sexual Trauma
In 2015, The Department of Veterans Affairs began informing their VA offices around the country that veterans who have had their Post-Traumatic Stress Disorder claims denied, and in particular, military sexual trauma, should reapply for veterans disability so that their claims can be re-evaluated. The number of those reapplying has increased but there are many who still need assistance in having their claim re-evaluated.
In a report, the VA health system stated that one in 5 women and one in 100 men have experienced sexual abuse while they were serving in the military. These terrible experiences were compounded with the fact that, in the past, if a veteran wanted to file a VA disability claim for PTSD sexual trauma, a report or evidence had to be on record of the abuse.
If there was no record of the abuse found on file, the VA had to legally dismiss the disability claim.
But now the VA wants veterans to know that changes in the law has occurred over the past two years. The laws now say that a new sexual abuse investigation can be created, even if the sexual assault or trauma was not reported during their active duty. This means that many veterans who were previously denied their PTSD sexual trauma claim have the chance to receive the VA benefits that they deserve for serving our country.
“Often times, what happens when a veteran applies for disability and they are denied, you feel kind of betrayed, and often times don’t look at it any further,” said Hancock County Veteran Services director Nichole Coleman.
Ms. Coleman’s advice? “If you don’t have an expert helping you, and you don’t know what to look for … give the VA the opportunity to grant you that disability… that’s what we’re here for.”
For a free legal consultation, call 800-562-9830
Our VA Accredited Attorneys Can Guide You toward the Compensation You Deserve
If you have questions about reapplying for a PTSD sexual trauma claim, or about any VA claim denial, do not hesitate to call us. Our experienced and supportive Veterans attorneys are here to help.
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