United States Department of Veterans Affairs
United States Department of Veterans Affairs

NY/NJ Healthcare Network

Military Sexual Trauma Eligibility & Benefits

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Public Laws 102-585, The Veterans Health Care Act of 1992 and the Veterans Health Program Extension Act of 1994 authorize the Department of Veterans Affairs (DVA) to provide priority counseling for military sexual trauma (MST) and related heath care services to eligible male and female veterans. The Veterans Millennium Health Care and Benefits Act, Public Law 106-117, extended DVA's authority to provide counseling and treatment for sexual trauma through December 31, 2004, and mandates that the existing program of sexual trauma care and services continue.

The Under Secretary for Health's Information Letter, IL-10-97-037, "Eligibility Criteria for VA Healthcare to Veterans Seeking Counseling or Treatment for Sexual Trauma" clarifies the DVA eligibility rules applicable to veterans seeking counseling or treatment for military sexual trauma.

The joint effort of DoD and Department of Veterans Affairs produced IB-164, A Summary of VA Benefits for National Guard and Reserve Personnel.

MST C&P Sexual Trauma

Code of Federal Regulations, Title 38, Volume 1 (38 CFR17.37) revised July 1, 2001, provides guidance on provision of hospital and outpatient care to veterans where enrollment is not required. Part 17, (i) addresses sexual trauma.

Note: A General Counsel Opinion dated July 1, 1997, is cited. It is important to note under section 2 c. that veterans who do not meet the minimum length of service requirements are still eligible for treatment of military sexual trauma and related services. It should also be noted that these veterans are listed as "ineligible" or "humanitarian" within the veteran information data system even though the person is receiving MST counseling and treatment.

Benefits for Victims of Military Sexual Trauma (MST)
Male and female veterans may be eligible to receive benefits for a disability (psychological or physical) due to Post Traumatic Stress Disorder (PTSD) as a result of Military Sexual Trauma. A claim can be filed either by mail, on-line or in person. A veterans benefits counselor will work with the veteran in developing the claim, however this process can be expedited if they can provide as many details as possible. This would include:
  • Nature of the trauma
  • Approximate date that the trauma occurred
  • Any available private medical or mental health records that would support the claim
  • Any current disability
For more information on determining if you are eligible for benefits please contact Akiele Kujichagulia at the New York Regional Office at 212-807-3971. For additional information you can also contact the national toll free number 1-800-827-1000 or visit the VA website at http://www.va.gov/.

LINKS
National Readjustment Counseling Service
VISN3 Women Veterans Resources