Sexual assault and harassment in the military—collectively known as Military Sexual Trauma (MST)—have affected thousands of service members across all branches. In response, the Department of Veterans Affairs (VA) and the U.S. legal system now offer expanded rights, benefits, and legal pathways to hold perpetrators and institutions accountable.
Whether you’re a veteran living with PTSD from an assault or a survivor still serving, this guide explains how to file an MST-related VA claim or lawsuit in 2025, what protections apply, and what compensation you may receive.
What Is Military Sexual Trauma?
Military Sexual Trauma refers to sexual assault or repeated, threatening sexual harassment experienced during military service. This includes:
- Rape or attempted rape
- Unwanted sexual touching
- Pressure for sexual favors
- Verbal sexual harassment that creates a hostile environment
- Sexual coercion by superiors
MST can occur on base, during deployment, in training environments, or at medical facilities. Both women and men are affected, and the trauma often goes unreported due to stigma or fear of retaliation.
What Are Your Legal Rights as an MST Survivor?
As of 2025, MST survivors have access to several key legal protections and benefits:
1. VA Disability Benefits for MST-Related Conditions
You can receive monthly tax-free payments for psychological and physical conditions caused by MST, including:
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Panic disorder
- Sexual dysfunction
- Substance use disorder
- Physical injuries from assault
2. Expanded Evidence Rules
MST survivors often lack formal reports or witness statements. The VA now accepts “markers” as evidence, such as:
- Sudden performance decline
- Requests for transfer
- Medical or counseling records
- Substance abuse onset
- Statements from family or fellow service members
3. Legal Pathways for Civil Lawsuits
In some cases, survivors may sue the military or private contractors under federal laws if:
- The assault involved a civilian contractor or staffer
- The assault occurred at a military hospital or VA facility
- A cover-up, negligence, or pattern of abuse is documented
These are rare but increasing due to legal reforms and advocacy.
Who Is Eligible to File a Military Sexual Trauma Claim?
You may qualify for a VA claim or legal action if:
- You experienced sexual assault or harassment while on active duty, training, or drill
- The trauma resulted in a diagnosed mental or physical condition
- You were not dishonorably discharged
- The incident occurred regardless of gender, rank, or location
Survivors do not need to have officially reported the assault to qualify.
How to File a VA Disability Claim for MST in 2025
Step 1: Get a Diagnosis
Visit a VA or civilian mental health professional for a diagnosis of PTSD, anxiety, depression, or related conditions. This will be the foundation of your claim.
Step 2: Submit VA Form 21-526EZ
Use this form to file your initial claim. You can apply:
- Online at VA.gov
- With a Veterans Service Organization (VSO)
- In person at your regional VA office
Step 3: Include Supporting Evidence (“Markers”)
Since MST often lacks official records, provide any of the following:
- Mental health notes
- Letters from family/friends noting personality changes
- Medical records from post-service counseling
- Journals or emails written around the time of the trauma
Step 4: Attend a C&P Exam (Compensation & Pension Exam)
This mental health evaluation helps the VA assess the severity of your condition and determine your disability rating.
Step 5: Await Decision or File an Appeal
Claims are often approved at higher rates today, especially with the help of legal or VSO assistance. If denied, appeal options include:
- Supplemental Claim
- Higher-Level Review
- Board of Veterans’ Appeals
What Compensation Can You Receive?
Approved VA claims result in monthly tax-free compensation based on a disability rating from 10% to 100%. Here’s a snapshot for 2025:
| Disability Rating | Monthly Payment (Single Veteran) |
|---|---|
| 30% | ~$524 |
| 50% | ~$1,075 |
| 70% | ~$1,716 |
| 100% | ~$3,737 |
You may also qualify for:
- Free mental health care
- Family and survivor benefits
- Vocational rehab and housing support
- Retroactive back pay to the date of application
Can You File a Lawsuit for Military Sexual Assault?
Yes, but only under specific conditions. Due to the Feres Doctrine, active-duty service members generally cannot sue the military for injuries related to service—including assault by fellow service members.
However, legal exceptions include:
- Assaults by civilian contractors or medical staff
- Incidents involving negligent hiring or supervision
- Cover-ups or retaliation documented through official complaints
- Lawsuits against the VA if the assault occurred during VA care
Some states also allow lawsuits under state tort law if the assault occurred off-base or during reserve duty.
What Is the DOD Doing to Address MST?
The Department of Defense has taken steps to improve MST response, including:
- Establishing Sexual Assault Response Coordinators (SARCs)
- Expanding confidential reporting and victim advocacy
- Reforms to the Uniform Code of Military Justice (UCMJ) to remove prosecution decisions from the chain of command
- Creating independent review commissions to address systemic failure
Still, progress remains uneven. Survivors are often forced to rely on outside legal help to be heard.
Resources for MST Survivors
- VA MST Coordinators – Located at every VA medical center
- Veterans Crisis Line – Call 988 and press 1
- National Sexual Assault Hotline – 1-800-656-HOPE (4673)
- Protect Our Defenders – Legal advocacy for MST survivors
- Service Women’s Action Network (SWAN) – Support and legal guidance
Final Thoughts
Military Sexual Trauma leaves invisible scars—but survivors no longer have to suffer in silence. In 2025, legal systems and veterans’ services are improving access to justice and benefits, especially for those who were once ignored or denied care.
Whether through a VA claim, appeal, or legal case, you deserve to be heard, believed, and compensated. Your service and your survival matter—and there is help.