What Counts as Military Sexual Trauma Under VA Rules

Military Sexual Trauma (MST) is a significant issue affecting members of the armed forces from all backgrounds and genders. Many veterans who have experienced sexual assault or harassment while serving in the military are unsure if what they went through qualifies as MST according to the Department of Veterans Affairs (VA) guidelines, or if they are eligible for VA benefits as a result. Understanding how the VA defines MST legally is a crucial first step towards accessing compensation and support.

How the VA Defines Military Sexual Trauma

The United States Department of Veterans Affairs (VA) defines Military Sexual Trauma (MST) as any sexual assault or repeated, threatening sexual harassment that occurs during military service. This includes any incident, regardless of location or time, that meets this definition. This definition is incorporated into VA policy to ensure that survivors are not excluded from benefits based on technicalities.

Under 38 U.S.C. § 1720D, the VA recognizes military sexual trauma (MST) as a qualifying traumatic event for healthcare and disability benefits. It is important to note that MST is not limited to combat zones or specific duty stations, as it can occur during training or off-duty hours.

What Types of Conduct Qualify as MST?

Military sexual trauma includes a wide range of experiences, not just violent sexual assault. The VA evaluates claims related to military sexual trauma based on the impact of the experience, not on the formal nature of reporting.

Examples of conduct that may qualify as MST include:

• Being pressured into sexual activity by a superior or peer.
• Unwanted touching.
• Sexual assault or rape.
• Repeated unwanted sexual advances.
• Threatening or coercive comments.
• Harassment that creates a hostile or unsafe environment.

The VA’s regulations at 38 C.F.R. § 3.304(f)(5) allow alternative forms of evidence to establish claims related to MST, recognizing that some incidents were never officially reported.

You Do Not Need an In-Service Report to Qualify

One of the most significant and often misunderstood VA rules is that veterans do not need to report their military service time in order to qualify for benefits. The VA recognizes that fear of retaliation, stigma, or career damage often prevent service members from disclosing their military service.

Instead, the VA allows the use of “markers” to support MST. These can include:

• Requests for transfer or change in duty assignment
• Deterioration in work performance
• Medical or mental health treatment records
• Statements from family members, friends, or fellow service members

These evidence-based rules are designed to reduce barriers for survivors seeking justice and care.

Health Conditions Linked to Military Sexual Trauma

If MST has caused or exacerbated a medical or mental health condition, you may be eligible for VA disability benefits under 38 U.S.C. § 1110.

Common MST-related conditions include:

• Post-traumatic stress disorder (PTSD)
• Depression and anxiety disorders
• Substance use disorders
• Chronic pain or physical injuries
• Sexual dysfunction and reproductive health issues

The VA treats MST-related PTSD claims differently than combat-related PTSD claims, applying more flexible evidentiary standards in recognition of the unique nature of sexual trauma.

Military Sexual Trauma Statistics and Underreporting

The VA reports that about 1 in 3 women and 1 in 50 men experience MST (military sexual trauma) during military service. Among veterans receiving VA (Veterans Affairs) care, about 1 in 4 women and 1 in 100 men report experiences related to MST.

Despite these statistics, MST is still underreported. Many survivors do not come forward until years or decades after leaving the military, often when their symptoms become unbearable. The VA recognizes this reality and has adapted its policies to accommodate it.

You Are Not Alone—and Help Is Available

Military sexual trauma can have lifelong consequences. The VA recognizes MST as a legitimate basis for benefits and care, so if you have experienced sexual assault or harassment during your military service, you may be eligible for compensation even if the incident was not reported and you are struggling with physical or mental health issues.

Veterans Benefits Law Group, PLLC is dedicated to supporting veterans and helping them obtain benefits they are entitled to. If you have questions about MST (military service time) or need help with a VA claim or appeal, call us or contact us online for a free consultation. We understand your service matters, and your voice matters too.