You Shouldn't Have to Prove the Impossible to Be Believed.

We understand that pursuing an MST-related claim can mean revisiting deeply personal and painful experiences. That's why we make every effort to minimize how often our clients have to recount what happened. In most cases, there's no need to tell your story over and over again. We focus on gathering the evidence and building your case without asking you to repeatedly relive your trauma. Our goal is to make an already difficult process as comfortable and manageable as possible, while allowing you to focus on moving forward.

At Anderson & Graham, we understand that these claims require careful attention to the evidence, an understanding of the special rules applicable to MST-related PTSD claims, and a compassionate approach to the person behind the records.

You Don't Need to Have Reported the Incident

One of the most common misconceptions about MST-related claims is that the Veteran must have reported the incident while serving.

This is not true.

VA recognizes that sexual assault and harassment often go unreported. For PTSD claims based on personal assault, VA regulations allow certain alternative forms of evidence to corroborate the stressor.

This evidence may include behavioral changes, requests for transfers, disciplinary problems, changes in performance evaluations, substance abuse, or medical treatment for unrelated complaints following the incident.

We carefully examine service treatment records, personnel records, post-service medical records, and other available evidence to identify information that may support the claim.

PTSD Isn't the Only Disability Associated With MST

Although PTSD is frequently associated with military sexual trauma, not every Veteran develops PTSD.

MST can also be associated with HSV, depression, anxiety disorders, and other mental or physical health conditions.

We evaluate whether the VA has properly considered all psychiatric diagnoses and symptoms reasonably raised by the evidence, rather than limiting its review to a single diagnosis.

When the VA Gets MST Claims Wrong

MST-related claims may be denied because the VA relies on an inadequate examination, fails to identify behavioral markers, overlooks favorable evidence, or applies the wrong evidentiary standard.

A negative medical opinion doesn't necessarily mean the claim is over.

We evaluate whether the VA properly considered the evidence and whether an appeal, additional medical opinion, or other development is appropriate.

Your Experience Deserves to Be Handled With Respect

Our approach is straightforward: we listen, explain the process, and work with you to identify the evidence needed to support your case.

You do not need to have all the answers or know exactly what evidence exists before reaching out.

You served your country. You should not have to navigate a complicated legal process alone to seek recognition of the harm you experienced.

Was your MST-related disability claim denied or underrated? Contact Anderson & Graham for a confidential discussion about your appeal options."

Reporting MST: What You Need to Know

One of the first steps in seeking justice or support after experiencing MST is deciding whether to report the incident. Reporting MST can be incredibly difficult, and it’s a deeply personal decision. If you choose to report, you can do so within the military system or through civilian channels, depending on your current status and the circumstances of the incident.

If you're still in service, the military offers both restricted and unrestricted reporting options. Restricted reporting allows you to confidentially access medical and mental health services without triggering an official investigation, while unrestricted reporting initiates an official investigation and can lead to disciplinary action against the perpetrator.

For veterans who are no longer in service, reporting to the VA or other civilian authorities is an option. The VA is committed to supporting veterans through this process, providing resources and guidance to help traverse the intricacies of reporting MST.

Seeking Legal Assistance

Handling the legal processes related to MST can be stressful, but you don't have to do it alone. Seeking legal assistance is crucial in making sure that your rights are protected and that you receive the benefits you deserve. An attorney experienced in VA law can guide you through the disability compensation process, making legal assistance important for helping you understand the different avenues available for pursuing compensation.

Filing a Claim With Veterans Affairs

One of the primary legal avenues for veterans who have experienced MST is filing a claim with Veterans Affairs for disability compensation. MST can lead to a range of physical and mental health conditions, including post-traumatic stress disorder (PTSD), depression, anxiety, and other related disorders. If you can establish that your condition is connected to your military service, you may be eligible for disability benefits from the VA.

To file a claim, you'll need to provide evidence that supports your case. This can include medical records, statements from mental health professionals, and personal statements that detail your experience and its impact on your life. It’s important to note that the VA understands that many incidents of MST go unreported, and they're trained to evaluate claims even in the absence of official documentation.

Understanding the Claims Process

The process of filing a claim with Veterans Affairs can be challenging and time-consuming. Once your claim is submitted, it will be reviewed by a VA claims processor who will assess the evidence and determine whether you're eligible for benefits. This process can take several months, and it’s not uncommon for claims to be initially denied.

If your claim is denied, don’t lose hope. You have the right to appeal the decision, and many veterans find success through the appeals process. An experienced attorney can be invaluable during this stage, helping you gather additional evidence, prepare your case, and represent you during hearings.

The Importance of Medical Evidence

Medical evidence is a critical component of any MST-related claim. Your medical records provide a clear link between your experience of MST and the resulting physical or mental health conditions. It’s important to seek medical treatment as soon as possible after experiencing MST, both for your health and for your legal case.

The VA offers free MST-related care, including counseling, therapy, and medical treatment, to all veterans, even those who aren't eligible for other VA services. These services are confidential and don't require you to have reported the incident during your service. Keeping detailed records of your treatment and its impact on your condition will be crucial in supporting your claim.

Handling the Appeals Process

If your initial claim is denied, you have the right to appeal the decision. The appeals process can be challenging, but it’s often worth pursuing, especially if you believe the initial decision was made in error. The first step in the appeals process is to file a Notice of Disagreement (NOD) with the VA. This document formally states your intent to appeal the decision and begins the process of re-evaluating your claim.

During the appeals process, you may be asked to provide additional evidence or attend hearings. It’s important to work closely with your attorney during this stage to make sure that your case is as strong as possible. The appeals process can take time, but many veterans find that persistence pays off, resulting in a successful outcome.

Additional Legal Remedies

In addition to filing a claim with Veterans Affairs, there may be other legal remedies available to you. Depending on the circumstances of your case, you may have the option to pursue a lawsuit against the perpetrator, the military, or other responsible parties. This can be a challenging process, but it may be an important step in seeking justice and holding those responsible accountable.

Your attorney can help you explore these options and determine the best course of action for your specific situation. Whether you decide to pursue a lawsuit, a VA claim, or both, having experienced legal representation is crucial in managing the intricacies of the legal system and making sure that your rights are protected.

Support Systems and Resources

Coping with the aftermath of MST can be incredibly challenging, both emotionally and physically. Fortunately, there are numerous support systems and resources available to help you on your journey. The VA offers a range of services specifically for veterans who have experienced MST, including counseling, therapy, and support groups.

In addition to VA services, there are many non-profit organizations and advocacy groups dedicated to supporting veterans affected by MST. These organizations can provide additional resources, such as legal assistance, peer support, and advocacy. Connecting with others who have gone through similar experiences can be incredibly healing and empowering, helping you to feel less isolated and more supported.

Reach Out to a Military Sexual Trauma Attorney Today

Military Sexual Trauma is a deeply personal and challenging experience, but understanding your rights and the resources available to you can make a significant difference in your journey toward healing and justice. If you or a loved one has been the victim of MST, our law firm can help. Contact Anderson Graham, LLC today to schedule a consultation. We proudly serve the Denver, Colorado area as well as Lakewood South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge.