Posts Tagged ‘military sexual assault’

Ruth Moore Act of 2013 Hopes to Make Filing Sexual Assault Disability Claims Easier

Friday, June 14th, 2013

Along with suffering from disabling physical medical conditions, vets can also find themselves struggling with mental health problems. One of the more common is Post-Traumatic Stress Disorder (PTSD). But now a new bill that has passed the House could allow vets to obtain disability benefits stemming from a sexual assault that occurred while serving in the military.

Named for a Navy vet who was raped twice in 1987 by her supervisor, the Ruth Moore Act of 2013 would not only make it easier to obtain disability benefits for the psychological effects of a sexual assault, it’s hoped that standards will change regarding how these cases are handled. One of which is that official records won’t be required in order to show proof of an assault. In other words, testimony from the victim would be enough.

The bill also strives to ensure proper medical care and treatment will be given to survivors of sexual assault. Too often mental health conditions are not adequately addressed among veterans. This is becoming a serious issue in not only stopping assaults, but also dealing with the aftereffects.

The VA plans to implement similar procedures for those who have experienced sexual trauma as they do in processing disability claims for conditions such as PTSD. This includes taking into account evidence that isn’t as intrusive.

Sexual assault can lead to a variety of long-term mental health problems, including PTSD, anxiety and depression. Contact the Law Offices of LaVan & Neidenberg, P.A. to discuss the possibility of filing a claim for disability benefits if you or a loved one has been a victim of sexual assault or suffers from any other type of debilitating psychological condition stemming from military service.

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Posted in Disabled Veterans, US Military Legislation, Veterans' Benefits, Veterans' Disability | No Comments »

Legislation Focusing on Military Sexual Assault

Friday, March 29th, 2013

The 2013 National Defense Authorization Act (NDAA) is being considered a boon to the elimination of military sexual assault, and could improve support for victims, which may include veterans mental health services. Many of the provisions in the bill are targeted toward better investigation and improved military reporting of cases of military sexual assault.

Some of the highlights of the bill include:

  • Formation of an independent review panel to examine how the Defense Department investigates and prosecutes military sexual assault cases.
  • Prohibiting recruitment of civilians who have been previously convicted of felony sexual assault.
  • Improving data collection and reporting of military sexual assault cases.
  • Notifying servicemembers of resources and rights following an assault.
  • Extending restricted report documentation to up to 50 years (if the victim wishes) so victims can receive veterans mental health or physical treatment while remaining anonymous.

In 2011 the Department of Defense reported 3,192 cases of military sexual assault. Officials believe this number is significantly higher – potentially as high as 19,000, according to Stars and Stripes. One of the reasons the data on sexual assaults and harassment is so skewed may be due to the lingering stigma of reporting such incidents.

Veterans who have suffered trauma from a military sexual assault may develop veterans mental health issues such as Post-Traumatic Stress Disorder (PTSD). Even those who file a report of the assault and seek help may still suffer mental disorders and physical harm from the incident.

The Law Offices of LaVan & Neidenberg, P.A. is ready to help disabled veterans who suffer physical or mental disorders due to injuries or exposures during their military service. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today – 1-888-234-5758.

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Veterans’ Legislation Introduced to Help Military Sexual Assault Victims Get Benefits

Tuesday, February 19th, 2013

Recent veterans’ legislation, the Ruth Moore Act, was introduced on February 13, 2013 to help reduce the delays and denials of veterans’ disability claims related to cases of military sexual assault.

The legislation requires the Department of Veterans Affairs (VA) to approve benefits for veterans who can demonstrate disability from Post-Traumatic Stress Disorder (PTSD) due to military sexual assault.

The new rules would require that a veteran has a doctor’s diagnosis of PTSD and that sexual trauma during service was the cause. This approval would come regardless of if the sexual assault and trauma was formally documented or not.

Military Sexual Assault & VA Disability Benefits

Military sexual assault is still a concern for the VA in regards to addressing disability cases. The veterans’ disability rating and benefit awards are based on evidence of a service connection with the disabling condition – it must be proven that the condition developed due to the veterans’ military service.

According to the Department of Defense, in 2011 there were an estimated 19,000 cases of sexual assault, but only 3,000 were reported and less than 300 were prosecuted. Because more than 85 percent of military sexual assaults are either unreported or have been covered up, there are few cases where a veteran is able to show proof that PTSD is due to a documented case of sexual assault.

While the VA has relaxed some of the requirements and standards for connecting PTSD to combat trauma, there may still be complications for veterans’ disability claims related to sexual assault that the new legislation hopes to resolve.

The veterans’ disability attorneys at The Law Offices of LaVan & Neidenberg, P.A. can help you develop a strong claim for veterans’ disability benefits. Contact us – 1-888-234-5758.

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Posted in General, US Military Legislation, VA News, Veterans' Disability | 2 Comments »

Military Sexual Assault Went Unreported at Fort Jackson

Tuesday, November 27th, 2012

Several cases of military sexual assault that took place at Fort Jackson may have been covered up, according to reports from The State. Army officials have been investigating these cases of sexual misconduct. Some victims of military sexual assault have developed mental health conditions and, in some cases, mental health disabilities.

Defining Military Sexual Assault and Trauma

The Department of Veterans Affairs (VA) has dedicated a large portion of its mental health research and awareness campaigns to combating military sexual trauma (MST) and assault. The definition from the VA is “sexual assault or repeated, threatening sexual harassment that occurred while the Veteran was in the military.”

Some of the examples listed in the definition include any sexual activity where someone is involved against his or her will such as:

  • physically forced into sexual activity;
  • pressured into engaging in sexual activity (by threats of negative consequences if refusing or with perks for participating);
  • sexual conduct when the victim may have been unable to consent (such as if intoxicated);
  • unwanted touching or grabbing of a sexual nature;
  • threatening, offensive remarks about a person’s body or sexual activities; and
  • sexual advances that are threatening or unwanted.

Who experiences military sexual assault?

Both male and female veterans have been the victims of military sexual trauma or assault. According to the VA, about one in five female servicemembers and one in 100 male servicemembers admit to having experienced some form of sexual assault during their military service.

Effects of Military Sexual Assault

The VA reports that military sexual trauma is an experience and is not classified among the mental health conditions that may qualify a veteran for disability benefits. However, disabling mental health conditions may result such as depression and other emotional reactions, difficulty sleeping, and post-traumatic stress disorder (PTSD).

Physical health problems such as sexual dysfunction, chronic pain, and gastrointestinal issues can also result from sexual assault. It may have other effects, too, such as problems maintaining relationships, substance abuse, and more.

Treatment for these conditions may be provided through the VA health care system and may qualify for veterans’ disability benefits. A South Florida veterans disability benefits attorney may help veterans file a VA disability application. Your attorney may help you produce the sometimes sensitive evidence necessary to support your claim of mental disabilities due to military sexual assault.

If you are a disabled veteran who has experienced military sexual assault and now suffer from related mental health conditions, call the Law Offices of LaVan & Neidenberg, P.A. in South Florida – 888-234-5758. The mental health conditions associated with military sexual assault may qualify for benefits.

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Military Sexual Assault: April Awareness Month to Prevent Disability

Friday, April 6th, 2012

The month of April has been designated as a national observance of sexual assault awareness. In the military, sexual assault is an often neglected or hidden issue that causes physical and mental trauma to many soldiers every year.

The Department of Veterans Affairs (VA) has been increasing their awareness of the issue of military sexual trauma through various outreach programs. Many victims keep silent about their attack due to fear of retaliation or humiliation. Others deny the event even happened, leaving the psychological damage to be done over time.

Soldiers who do not report the incident and seek immediate treatment can be more prone to mental disorders in the future. Many veterans who were victims of sexual trauma during service may develop disabilities such as post-traumatic stress disorder, anxiety, or depression. These disabling conditions can impair their ability to work and associate with others socially.

The VA recognizes sexual trauma, during military service, as a service-connected injury that may qualify a veteran for disability benefits. Veterans who have suffered this serious act can find support and get treatment for any mental disabilities they may be experiencing through the VA and by applying for veterans disability benefits.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today – 1-888-234-5758.


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Posted in General, VA News, Veterans' Disability, Veterans' Resources | No Comments »