Veterans who apply for disability compensation related to sexual assault in the military face higher standards for proving related injuries, resulting in lower approval ratings and increased risk of retraumatization, according to a new National Academies of Sciences report.
In a study examining the Department of Veterans Affairs’ handling of disability claims filed for military sexual assault, a panel of experts found that the agency’s dual standards for related disability claims — which allow evidence such as behavior changes and outside observation for post-traumatic stress disorder claims but require proof of the experience for other disabilities — “results in inconsistent decision-making” during adjudication.
According to the report, disability claims related to sexual assault or chronic harassment were approved at lower rates than combat claims, with an 18.2% approval compared to 27.6% across a five-year period. Approval rates were also significantly lower for men and Black veteran.
Under the VA system, veterans who file a claim for conditions stemming from sexual trauma have separate burdens of proof depending on their disability. Those who file for related post-traumatic stress disorder may provide observational evidence but those seeking compensation for other mental or physical conditions connected to the assault must provide proof of the event.
Given that “elements of the military context pressure service members not to disclose” such assaults, showing evidence remains a “major barrier” to substantiating such claims, the report noted.
In 2024, the VA received 39,711 claims related to military sexual trauma. Nearly two-thirds were approved with the average disability rating of 80%. According to the report, the average monthly compensation rate was roughly $2,500 a month.
Roughly 1 in 3 women and 1 in 50 men report having experienced sexual assault or harassment during their service in the military.
The panel, made up of academics, think tank analysts and VA researchers, recommended that the department consider allowing lay evidence and behavioral observation to support PTSD and non-PTSD related claims.
“Congress should enact legislation directing the Secretary of Veterans Affairs to accept evidence from lay persons or other sources as sufficient proof of service connection of any condition claimed to have incurred or aggravated by experiencing MST, regardless of whether there is an official service record of the MST experience or an associated condition,” said Dr. Harold Kudler, who is a retired VA psychiatrist and panel member now with Duke University, during a briefing Wednesday on the report.
The VA’s process itself for handling sexual assault related claims is problematic, the experts said, because claimants must fill out disability questionnaires and attend compensation and pension exams that often are conducted by people who lack trauma-informed training. The panel said the process — including the possibility of having a claim denied — can be traumatic.
They recommended reducing the number of compensation and pension exams veterans must attend, creating a more supportive exam environment and making sure the examiners were trained in handling trauma-related cases.
They also recommended that the VA develop a specific disability questionnaire for sex-related trauma claims.
“We hope that our recommendations will reduce harms to veterans and improve their experience when making [military sexual trauma]-related claims, modernize and strengthen training, and improve accuracy and fairness in the disability compensation process,” Committee Chairwoman Hortensia Amaro, a community health professor at Florida International University, said in a statement.
The National Academies of Sciences Engineering and Medicine was directed to conduct the study by Congress in 2023.
Patricia Kime is a senior writer covering military and veterans health care, medicine and personnel issues.
Read the full article here