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Friday, June 12, 2026

VA, Congress Urged to Overhaul Military Sexual Trauma Disability Claims Process as New Report Questions Fairness of Current System

National Academies panel calls for sweeping reforms to MST-related disability claims, citing evidentiary barriers, inconsistent evaluations, and a process many veterans say is retraumatizing.


WASHINGTON |
A congressionally mandated report from the National Academies of Sciences, Engineering, and Medicine is urging the U.S. Department of Veterans Affairs and Congress to overhaul the process used to evaluate disability claims related to Military Sexual Trauma (MST), arguing that current evidentiary standards may unfairly disadvantage survivors and contribute to claim denials.

The report concludes that veterans seeking disability compensation for conditions linked to military sexual trauma often face inconsistent procedures, unclear decision-making standards, and burdensome documentation requirements that can prevent them from receiving benefits for service-connected injuries and illnesses.

Military Sexual Trauma encompasses sexual assault and sexual harassment experienced during military service. According to the report, approximately one in three women veterans and one in 50 male veterans report experiencing MST. Many survivors develop lasting health conditions, including post-traumatic stress disorder (PTSD), anxiety, depression, chronic pain, sexually transmitted infections, and other physical and mental health challenges that may persist long after military service ends.

Veterans interviewed by researchers reported that the disability claims process itself can be retraumatizing, requiring survivors to repeatedly recount traumatic experiences while navigating a system many described as confusing and inconsistent.

"We hope that our recommendations will reduce harms to veterans and improve their experience when making MST-related claims, modernize and strengthen training, and improve accuracy and fairness in the disability compensation process," said Dr. Hortensia Amaro, chair of the committee and Distinguished University Professor at Florida International University.

A KEY FINDING: EVIDENTIARY STANDARDS

Among the report's most significant findings is its recommendation that Congress direct the VA to adopt a single evidentiary standard for all MST-related disability claims.

Currently, the VA applies different standards depending on the condition being claimed.

Veterans seeking compensation for PTSD related to Military Sexual Trauma may use "lay evidence," including statements from family members, friends, fellow service members, and evidence of behavioral changes following the trauma.

However, veterans seeking compensation for other MST-related physical or mental health conditions often must provide official military records, medical documentation, or formal reports demonstrating that the trauma occurred.

For many survivors, those records simply do not exist.

The report notes that military culture, concerns about retaliation, fear of damaging unit cohesion, shame, and the trauma itself often discourage service members from reporting sexual assaults or harassment when they occur.

As a result, years later, many veterans face significant hurdles proving that the trauma happened.

"MST-related claims are more likely to be denied than combat-related claims, and the likelihood of denial increases for men and Black claimants," the report states.

WHY THE COMMITTEE COMPARED MST TO COMBAT PTSD

One of the questions raised by the report is why the committee compared Military Sexual Trauma claims to combat-related PTSD claims.

Dr. Harold Kudler, a member of the National Academies committee and former Chief Consultant for Mental Health Services at the Department of Veterans Affairs, said the comparison emerged from both scientific research and decades of clinical experience.

"What we found in the peer-reviewed literature made those comparisons," Kudler told 'TELL IT LIKE IT IS' Defense News. "So we built this on the best peer-reviewed literature we could find."

Kudler, who spent more than three decades treating combat veterans, former prisoners of war, and trauma survivors within the VA healthcare system, said both groups often encountered the same challenge: proving traumatic events that were not always documented.

"When they changed the rules of evidence in 2010 for combat PTSD, it made a huge difference for the veterans I worked with," Kudler said. "But with MST, that change was never made. We're now arguing to make that change, and I believe it would be very helpful."

According to Kudler, many veterans are not simply seeking compensation. They are seeking acknowledgment.

"Veterans have a great sense of integrity and a need to be believed about the things that are most important in their lives," he said. "Many survivors aren't looking simply for compensation; they're looking for acknowledgment that what happened to them was real."

MILITARY CULTURE AND THE REPORTING PROBLEM

The committee stopped short of calling the current process fundamentally unfair but concluded that it could be significantly improved.

Kudler described the issue as a collision between disability policy and military culture.

"It's a collision of both," he said when asked whether the problem stems from the disability claims system or military culture itself.

Drawing on his experience treating veterans, Kudler explained that many survivors never disclose their experiences because of shame, fear of retaliation, concerns about disrupting their military unit, or concerns about how others will perceive them.


"Military Sexual Trauma sits at the intersection of two challenges: the disability claims process and military culture," Kudler said. "Many service members never report these experiences because of shame, fear of disrupting their unit, concern about retaliation, or simply because the trauma is too painful to discuss. Years later, when they seek help, they are often asked to provide documentation that may never have existed."

Those challenges can be especially difficult for male survivors, who often face additional stigma associated with reporting sexual assault.

"Men often have more severe symptoms," Kudler noted during the interview. "I think it has to do with the shame and the sense of, 'What kind of man am I?'"

RECOMMENDED REFORMS

The committee's recommendations extend beyond evidentiary standards.

The report calls for:

  • Enhanced training and certification standards for VA examiners handling MST-related claims.
  • Greater emphasis on trauma-informed care during compensation and pension examinations.
  • Improved coordination and scheduling of multiple disability examinations.
  • Modernization of examination facilities and information systems.
  • Clearer and more consistent procedures across VA offices.
  • Better recognition of MST-related conditions within the VA disability rating system.

The report recommends that Congress enact legislation directing the Secretary of Veterans Affairs to accept lay evidence and other credible sources as sufficient proof of MST when official records do not exist, provided that a qualified VA clinician determines the claimed condition is related to the reported trauma and consistent with the veteran's service history.

LOOKING AHEAD

The findings arrive amid increased national attention on veterans' mental health, trauma-informed care, and access to benefits.

Advocates argue that reforming MST-related disability claims could significantly improve access to benefits for thousands of veterans who experienced sexual assault or harassment during military service but never formally reported it.

For many survivors, supporters say, the issue extends beyond compensation.

It is about recognition, validation, and trust in a system designed to serve those who served their country.

Whether Congress and the Department of Veterans Affairs act on the committee's recommendations remains to be seen, but the report represents one of the most comprehensive reviews of MST-related disability evaluations conducted to date.

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-- By James W. Thomas and Arvis Owens

© Copyright 2026 JWT Communications. All rights reserved. This article cannot be republished, rebroadcast, rewritten, or distributed in any form without written permission.

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