Posts Tagged ‘military sexual trauma’

Lack of Evidence Delays Veterans Disability Benefits for Sexual Trauma

Friday, March 16th, 2012

Navy Seaman Katherine Glover experienced sexual trauma during her service at a NATO base in Italy in 1985. It took her 17 years of suffering from post-traumatic stress disorder (PTSD) before she finally told a representative at the Department of Veterans Affairs (VA) about her experience. The VA rep helped get Glover into treatment and began the process of applying for veterans disability benefits.

However, due to her lack of evidence of the service connection to her condition, caused repeated denials. It wasn’t until her case was examined using revised guidelines for sexual trauma that she finally won the retroactive and ongoing disability benefits she was entitled to. She will receive retroactive benefits of $150,000 dating back to her initial disability application in 2006 and then the monthly stipend, of $2,800, thereafter.

Any disabled veteran may run into a similar situation when they don’t have the ability to provide the medical and official evidence connecting their disabling condition to their military service. In Glover’s case it was due to lack of an incident report at the time of the assault, but veterans may also lack proof that they served in an area exposed to toxic materials, or that they served in an area at all.

The veterans disability benefit claims process isn’t always as simple as showing medical evidence and your discharge papers. There are many factors taken into consideration when making a disability determination, which is why it’s best to work with an experienced veteran’s disability attorney from the start to avoid unnecessary delays in your claim approval.

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.

Bill To Help Military Sexual Trauma Victims Pending

Wednesday, March 16th, 2011

Many times victims of sexual assault while in the military cannot access medical care or draw disability compensation for their injuries. This occurs because they cannot prove they are suffering from post-traumatic stress disorder (PTSD). Rep. Chellie Pingree (D-Maine) does not believe this is how the military should treat sexual trauma victims and is trying to change things by introducing new legislation (HR 930). Should it pass, the Department of Veterans Affairs (VA) would be required to accept a victims’ explanation of their sexual trauma as proof of the event if there are no other medical or police reports or other documentation linking the origin of the victim’s mental condition to another event.

Given the current systems’ limitations, proving sexual assault is not the easiest thing to accomplish, according to Pingree. Many victims never make file formal complaints due to fear of retaliation or shame over the event. Other times the complaints they file are simply destroyed. Victims almost never talk to their friends or family about these things, so it isn’t even possible to bring them in as some sort of evidence. Standard defense and service policies mandate potential evidence  such as rape kits and certain medical records be routinely destroyed. Without them, proving sexual trauma becomes almost impossible.

If a veteran is diagnosed with PTSD or other mental health disorders, and a veteran makes a written statement about being the victim of a sexual assault, and that statement is consistent with their military service, the VA must acknowledge that sexual trauma being linked to their military service. This would then qualify the veteran for medical care and disability compensation, as it should.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.