Military Sexual Trauma Claim Guidance Document

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Facebook page: How to Win a Military Sexual Trauma Claim
@winmst - Community

How to Win a Military Sexual Trauma Claim
April 14, 2016

January 2021

How to win a claim for PTSD due to MST

1. A diagnosis of PTSD, Anxiety and/or Depression, from your Provider.

2. A Nexus, or link to service, which needs to be written by your provider as a letter or in your medical chart just like this (print this out and bring it to them):

"After reviewing ________'s medical records it is my opinion, more likely than not, her/his PTSD, Depression/Anxiety (PTSD, Anxiety/Depression - what ever it specifically is you filed for in your claim and must match exactly) is a direct result of military sexual trauma s/he experienced while serving on active duty."

3. Evidence: VA form #21-0781a. - This is used as "Alternative Evidence" FOR MST CLAIMS ONLY.

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How to Fill out VA FORM #0781a

You may want to ask for help to fill out this form. Most of us cannot do this ourselves.

Filling out the Form

Page One

Fill in your name and VA File # (SS#) information on top.

The date: "On or about (VERY important here - if it was July 11th, you could lose) July 12, 1986.

***IF you cannot remember the date, narrow it down to a three month time frame - a season, holiday, or event like the Presidential Elections. (This is used to check the paperwork and nothing else. If the paperwork is not there, then likely you will not win, so the date range is crucial.)

Enter your dates of Unit Assignment.

Description of the Incident

"sexual assault" or "personal assault"

by a known person - STATE THEIR NAME, THEIR UNIT INFORMATION

"I was assaulted by John Doe, a corporal who was assigned to HOC 733rd MI Bn, Schofield Barracks, Hawaii - the same unit I was assigned to. He was not punished, but I was. I got an Article 15 during the month of July, 1986."

OR

"I was assaulted at Darnell Hospital, Fort Hood Texas in the recovery room after surgery. I do not know the people who did this."

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Leave page two of VA Form 0781a with a line through it, and N/A (Not Applicable). ****Seriously - do not put another incident unless you are willing to wait for a very long time.

____________

(To choose which incident if there is more than one, pick the one that has any military record, report or evidence you know of, no matter how small.)

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Page three of VA Form 0781a -

Address each of the items in #7 on the form. Explain EACH of the "markers" they list.

****"This is KEY to your claim. **"*

If you had/did something say it, and if not, say you did not do this behavior.

Here is the list of Markers, and Examples of answers below each one.

- visits to a medical or counseling clinic or dispensary without a specific diagnosis or specific ailment

1. Yes, I went to counseling regarding the assault. Yes, I went to a clinic for testing.

____________

- sudden requests for a change in occupational series or duty

2. The Army involuntarily discharged me within a month after I reported the incident.

____________

- increased use of leave without an apparent reason

3. Yes, I requested and was given a one-week leave immediately after the incident.

____________

- changes in performance and performance evaluations

4. Yes, I received my first poor performance evaluation. Yes, I was always able to do my work, and became unable to do my work after I was assaulted.

____________

- episodes of depression, panic attacks, or anxiety without an identifiable cause

5. Yes, I had panic attacks, felt depressed and had insomnia, and sought counseling for it. I recently requested a copy of my mental health records from Fort Irwin, California and was told they have no record, they had destroyed all old records after a few years.

____________

- increased or decreased use of prescription medications

6. Yes, I increased my use of narcotic & other pain prescription medication at the time.

____________

- increased use of over-the-counter medications

7. Yes, I started using over-the-counter sleep aids, NyQuil, Benadryl, Tylenol PM.

____________

- substance abuse such as alcohol or drugs

8. Yes, I started drinking heavily for the first time in my life. No, I did [text cut off at page break]

____________

- increased disregard for military or civilian authority

9. Yes, I swore at my superiors. I took leave because I had it, instead of going AWOL.

____________

- obsessive behavior such as overeating or under-eating

10. Yes, I gained 20 lbs. in two weeks. I started checking locks inside house & vehicle; washing my hands raw, and cleaning house obsessively. I also started hoarding & exercised excessively.

____________

- pregnancy tests around the time of the incident

11. Yes, I took pregnancy tests though I had a tubal ligation surgery in June 1992 a few months before I was sexually assaulted.

____________

- tests for HIV or sexually transmitted diseases

12. Yes, I went to an STD Clinic and requested to get tested for HIV & STIs.

____________

- unexplained economic or social behavior changes

13 Yes, I lost my job, and started withdrawing from friends. My life changed forever in many ways

____________

breakup of a primary relationship

14 Yes, in 2002, I divorced from my husband after the incident.

____________

This is the end of the list of Markers. Sign and Date the form, and add telephone numbers.

____________

The 21-0781a can be filed on line, and use the PDF - ONLY FILE FOR ONE INCIDENT.

This is used as "Alternative Evidence" which is ONLY allowed for MST claims. VA will use this form in place of "hard" Evidence. (If VA denies your claim, stating there is No Evidence, it is likely they are not aware of this form or its use, or they are not trained in MST claims.)

###

You DO NOT need to find your Military medical records and personnel files, the VA will do this for you after you sign a Release. ANYTHING ELSE (JAG, MP, DAILY ROSTER, ETC.)

YOU WILL NEED TO REQUEST THAT THE VA GET SEPARATELY as they can get it quickly. You will need to sign a Release of Information for the VA to get it.

4. A copy of anything showing you had problems in the military, such as being AWOL, ARTICLE 15 or a letter from someone who knew you at the time or before and after you served in the military and can attest to the major behavior changes you have shown. Everything should state "I swear this is accurate and true to the best of my ability."

5. OPTIONAL as they no longer use this: A GAF score (Global Assessment of Functioning) can be assigned by your provider at each appointment. (Typically for PTSD the numbers would range around 35-45.) It may be that you are not telling the truth about everything to your provider, such as not bathing for days in a row, not caring if you live or die (but not being actively suicidal -- meaning you have a specific plan) etc.

____________
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VA will use this form AS YOUR EVIDENCE. The 21-0781a can be filed on line, and use the PDF - ONLY FILE FOR ONE INCIDENT.
http://www.vba.va.gov/pubs/forms/VBA-21-0781a-ARE.pdf

This is used as "ALTERNATIVE EVIDENCE" which is ONLY allowed for MST claims.

____________

You MUST have all of the above to win a claim IF you do not have a police report, hospital report, or other documentation - so any statement about court martial or punishment will be added insurance for your win.

Again, you need the DIAGNOSIS, NEXUS and EVIDENCE to win your VA claim. Try to keep it simple.

AND

If you are "HOMELESS" which according to the VA means you are living in a non-permanent structure - you ARE HOMELESS.

If you are Homeless, or have serious financial difficulty you must tell them you are in FINANCIAL DIFFICULTY, and will need to show them documentation.

If this is your case, every sentence with every person at the VA should be "I am a homeless veteran, and need to get this ____________ Expedited ....." or "I am in serious Financial trouble, and need to get this ____________ Expedited ....." Expedited claims can be as little as 3 months.

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Even with documents from Police or Hospitals, it is "INSURANCE" for you to SUBMIT THIS FORM VA-21-0781a.

Any statement from you about court martial or punishment of your perpetrator - with name, unit information, approximate date that the VA can look for, will be additional insurance for you to Win your Service Connected VA Claim for Military Sexual Trauma.

- DIAGNOSIS, NEXUS and EVIDENCE will win your VA claim.

Keep it simple.

*****Mail Everything in to the VARO RETURN RECEIPT**** Or file on-line.

We have groups on Facebook for survivors of Military Sexual Trauma for men and women.

Please feel free to share this information with survivors of MST, providers to veterans and veterans service officers.

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*******No Posting Here Please*******

This is one of many easy to share One Topic Informational pages NOW FILTERED BY AREA for Veterans, which answers many of the same questions that come in daily.

Since my retirement a few years ago I have written these up to share the lessons I have learned since 1995.

Please share them frequently with Veterans, Veteran Service Officers and your Providers.

"Like" to have access to the Veteran Information.

For all Veterans information Pages please use this link below which lists all of them:

https://www.facebook.com/allinfovets/

These pages are not constantly monitored.

Let me know if you have edits or suggestions.

If you have veteran information you wish to post, please do it here:
My Veteran Page
https://m.facebook.com/VeteransFanPage

Thank you!

(c) Susan Avila-Smith 1996-2021

Founder, VetWow.com

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Emily Towry
Is this information still accurate as of Feb 2020?

April Mae Piel-Smith
I am seeing a certified VA Counselor for MST. My VA appointed psychiatrist monitors my labs and meds. Both told me they don't do NEXUS letters for VA claims. WHO do I see? My regular primary care doctor through the VA?

Kimberly Marie
Danielle Klenske

Kitt Vise
Well, that explains one thing.

I filed all the right stuff, but for like... I don't remember for sure anymore... 6-8 separate incidents, I think? ... See more

Billie Ancrum
I've had 3 different incidents in my 20 years I was on active duty. I was molested as a child and never spoke of it until after 9-11 (I was at the pentagon). Triggered something I guess.

How to Win a Military Sexual Trauma Claim
Billie Ancrum Would you like to be invited to our Private MST Claims Group?

Paula Joan Caplan
Vivienne Armor, it is great that you have posted this detailed advice! I would love to see you add to the part about needing a psychiatric diagnosis the following warning: "Alert: You need one of these labels, because that is how the system is set up.... See more

Netsi Protti
I was in 78-85 i was held hostage and asulted in my apartment in 83 by a guy/corporal i knew from the motor pool I was ojt at. I told the motor seargent i was shortly thereafter transfered. I filed in 2011 and was denied .no evidence

How to Win a Military Sexual Trauma Claim
Netsi Protti Please friend Vivienne armor. Ask to [text cut off at page break]

Laura Rogers
what if we dont want to name names?

Karen Boudriault
I finally filed a claim. Long overdue. The DAV supervisor told me the average claim is taking 120 days. Im in Maine

How to Win a Military Sexual Trauma Claim
Karen Boudriault Chellie Pingree's office is great! Contact them if you need to.
I trained their State VSO's a number of years ago through her office.
Let the Claim Gods and planets be in alignment for you!

Kryc Turner
I was raped in Iraq by an Iraqi contractor the military kicked me out soon after under medical I already get 100 percent disability for PTSD major depression is it worth it to me to file this report?

Patricia Barron Wilks
I had two incidents. The first before boot camp was my recruiter. I spent an extra four weeks at boot camp. The second was at my school with an instructor. I have evidence of a pregnancy test and I started drinking very heavily. Any advice on the best incident to report?

How to Win a Military Sexual Trauma Claim
Unfortunately the crime with the Recruiter if not on that VA will compensate. You were not in service at the time.
Use the second crime on your 9781a form.

Charly White
I have submitted Nexus letter, buddy letter, and I've been diagnosed with PTSD and Anxiety. I am still in appeals. Have been for 2 years or better.

How to Win a Military Sexual Trauma Claim
Charly White For lack of Evidence?

MAKE SURE YOU FILE VA form 0781a!!!!

Cheryl Johnson
Hi, I was looking this site over... I had a Drill Sargent coerse me into sex while I was on duty while in AIT ... I never reported it... several months later I ended up in the psych ward at my first duty station ..... had problems ever since especially with anger

How to Win a Military Sexual Trauma Claim
Cheryl Johnson Are you going to file?? [partially visible]

Lola Jo
Kim Allain

Rachael Seymour
So much work to only be told it's your fault....idk if I want to even try....

How to Win a Military Sexual Trauma Claim
Rachael Seymour it is not easy, but you earned it. Your kids can go to college if you file for and win your claim at 100% P&T.

Fred Terrell
I need to know how to play the game

How to Win a Military Sexual Trauma Claim
Fred, would you like me to get a male advocate for you?

Lola Munoz
i was phsically assaulted on base twice and the good old boy society out at the texas ang did there best to hide it get rid of me him and one other person were long gone oh yea we were married just read military law the military are supposed to abide... See more

Carolyn S Tomlin
I was in 73-78,. what if I never reported it

How to Win a Military Sexual Trauma Claim
It does not need to be reported

Angela Bryant
Sounds good. What an ugly process. They need to make this waaayyy easier for victims!!!!

Susan Kulstad
He was in the Army before I was. I was going into my senior year of high school.

Ellie May
Susan Kulstad

Katrina Zickwolf
Yeah, I've been through that meat grinder, good luck

How to Win a Military Sexual Trauma Claim
We have a secret MST Claims group. Friend Susan Avila-Smith or Kathleen Hoffman and ask to get into the group.

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