Veterans who suffer from Military Sexual Trauma Now Eligible for VA Health Care

The Department of Veterans Affairs (VA) announced in early December that it would expand eligibility for veterans in need of mental health care due to sexual assault or sexual harassment that occurred during their military service. This expansion comes under the authority from the recent VACAA legislation (Veterans Access, Choice, and Accountability Act of 2014).

This sexual assault trauma, commonly known as Military Sexual Trauma (MST), is specifically defined as: psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty or active duty for training.

This expansion, which also pertains to Reservists and National Guard members participating in weekend drill, gives the authority to offer veterans the appropriate care and services needed to treat conditions resulting from MST that occurred during a period of inactive duty training.

The expansion is rather timely, especially in light of recent reports of the continued increase in military sexual assault cases, which we at LHFV have discussed frequently on our blog.

Every VA health care facility will have a MST Coordinator who serves as the point person for MST cases. And every VA medical center and community based outpatient clinic offers some MST-related outpatient counseling.

Currently, veterans can receive health care for mental and physical conditions related to MST free of charge. Veterans do not need to have a service-connected disability or seek disability compensation to be eligible for MST-related care.

And, as many who experience sexual harassment or assault have not reported the incidents in the past, it is important to note that veterans do not need to have reported such incidents to the Department of Defense or have documentation or records to support their claims of having experienced such trauma. The responsible VA mental health provider makes a clinical determination as to whether a veteran’s condition is MST-related.

Finally, veterans do not need to enroll in the VA’s health care system to qualify for MST-related treatment, as it is independent of VA’s general treatment authority.

Veterans can learn more about VA’s MST-related services online at:

www.mentalhealth.va.gov/msthome.asp 

And you can see video clips with the recovery stories of veterans who have experienced MST at, and learn more at: http://maketheconnection.net/conditions/military-sexual-trauma.

If you have questions about service connected MST and disability compensation, contact us at Legal Help for Veterans.

Reports of Sexual Assault in the Military Spike Again

Over the past two years, there has been about a 60% spike in sexual assaults reported in the military, according to numbers coming from the Pentagon that have been reported to the Associated Press (AP). Officials report that there were almost 6,000 victims of reported assaults in 2014, compared with just over 5,500 last year. The Pentagon changed its reporting method, and now each victim counts as one report.

These reports are preliminary and have yet to be publicly released, so the actual numbers could shift slightly as the reports are finalized. But, under the new reporting methods, there were 3,604 victims in 2012, 5,518 in 2013, and 5,983 in 2014.

The new reporting method counts every victim as one report, rather than having one report of a sexual assault contain multiple victims.

However, we should pause for a moment and consider the fact that this has always been a problem. New research and surveys suggest that victims are more willing to come forward and actually report such assaults than they were previously. The trend could be due to increased awareness of the issue, victims feeling more empowered, and a combination of other factors.

Based on the recently reported numbers, and an anonymous survey conducted by the Rand Corporation, officials said that about 1 in every 4 victims filed a sexual assault report this year. In contrast, only 1 in every 10 victims filed a report in 2012.

Certainly, the under-reporting of sexual assault is a problem inside the military and in society at-large. However, the military presents unique circumstances, where lower ranking troops are unwilling to report out of fear of retaliation from their superiors. In addition, females in the military can attest to the “good ole’ boys club” mentality that exists. And in fact, one new survey reported that 60% of women who said they reported sexual assault did experience retaliation or social backlash from their peers. There may very well be an additional feeling of helplessness due to systemic problems.

Lawmakers on Capitol Hill have complained that the Pentagon has not done enough to make it easier and more acceptable for victims to report harassment and assaults. Meanwhile victims have complained that they are indeed not comfortable going to their superiors to report sexual assault. Reporting such an incident is (unjustly) stigmatized as a weakness and infidelity to your fellow troops in a culture that breeds strength and loyalty.

While the reported numbers of sexual assault are going up, the gap between the real numbers and reported numbers is shrinking. That trend represents a positive step for the service branches, but we must recognize it is just one step in a process to minimize sexual assault as much as possible.

Brigadier General Carol Ann Fausone (ret.)

General Fausone began her military career in the U.S. Air Force, and ended her service as the first female Brigadier General in the Michigan National Guard’s history. Today, she continues to help veterans and their families nationwide with her small business, The Veteran Advocate, LLC.

Military Sexual Assaults On the Rise

Jim Fausone

Veteran Disability Attorney

The military has been subject to a number of high profile sexual assault news items in recent weeks. Currently Air Force Lt. Col. Jeffrey Krusinski, the Air Force's head of sexual assault prevention, is under investigation for allegedly groping a woman in North Virginia, while more than 30 Texas-based instructors with the Air Force are under investigation regarding assault charges against trainees.

Although military sexual assaults have been garnering increased attention due to these latest, high-profile news stories, according to the latest estimates, the majority of military sexual assaults still go unreported. There were possibly as many as 26,000 assaults in 2012, according to a new report released by the Pentagon.

Of the estimated 26,000 military members who may have been sexually assaulted in 2012, just over 3,300 made a report, and fewer than 800 sought assistance while declining to file a complaint. The victims of military sexual assault or unwanted sexual contact are usually young, low-ranking service members. The perpetrators are usually also in the armed forces.

                   

Two House members, Reps. Niki Tsongas, D-Mass, and Mike Turner, R-Ohio, have proposed a bill that would strip officers of their authority to dismiss or change the court-martial conviction of sexual assault and other major cases, and would require the dismissal or dishonorable discharge of anyone found guilty of the attempt of or act of rape, sexual assault, or forcible sodomy. Their goal, said Turner, is to establish guidelines for the punishment for sexual assault convictions and to remove that punishment from the chain of command.

The Pentagon's report indicated that sexual assault reporting is on the rise, from an estimated 26,000 assaults in 2012 from an estimated 19,000 assaults in 2011.   According to the report, at least 6 percent of the more than 1 million active duty members in 2012, both men and women, reported unwanted sexual contact. A significant percentage of the offenders were either Defense Department civilians or contractors or active military members.

Defense Secretary Chuck Hagel has instructed military leaders to design a way to hold commanders accountable for fostering an environment of "dignity and respect," including a July 1 deadline to complete visual inspections of workspaces to ensure they do not include the display of degrading materials.

Sens. Kelly Ayotte, R-N.H., and Patty Murray, D-Wash., recently introduced legislation which would prohibit sexual contact between instructors and trainees for the duration of basic training and for an additional 30 days after training is completed, and which would provide sexual assault victims with a lawyer advocate trained in sexual assault complaints, and which would make available to the National Guard and Reserve trained sexual assault response coordinators. Murphy stated that not only are service members failed by the system by having a climate in which assaults happen, but they are further failed by not having a support system in place for victims after the incident.

http://www.military.com/daily-news/2013/05/08/most-military-sexual-assault-cases-go-unreported.html?comp=700001075741&rank=1