Invisible Wounds: Examining the Disability Compensation Benefits Process for Victims of Military Sexual Trauma
“Women are the fastest growing population among veterans, making up 8 percent of the Armed Forces. However, the US Department of Defense estimates that one in four women who join the armed services will be raped or assaulted, but that only about 10 percent of such incidents are ever reported,” stated Rep. Jon Runyan, Chairman of the House Subcommittee on Disability Assistance and Memorial Affairs. “Even more alarming is that of those few who did report incidents of military sexual trauma, over 75 percent stated that they would not make the same decision about reporting the incident again, due to the consequences it had on their military career.”
The US Department of Veterans Affairs estimates that more than half a million men and women have been assaulted during their service in the military. Most veterans seeking treatment and compensation for military sexual assault lack evidence, mainly due to victims’ low reporting of incidents for fear of retaliation, to support their disability compensation claims resulting in 20 percent fewer claims for Post-Traumatic Stress (PTS) being approved by VA when compared to combat-related PTS claims.
“This process took me 23 years to resolve, and I am one of the fortunate ones. It should not be this way,” stated Ruth Moore, a Navy veteran, who testified before the Subcommittee regarding the impact of repeated sexual assaults upon her in 1987 while stationed overseas. “If I had been treated promptly and received benefits in a timely manner, back at the time of my discharge, my life would have been much different.”
At the moment, standards for those filing claims for PTS as a result of military sexual assault are different than standards applied to PTS claims for combat-related claims. Furthermore, VA demands collaboration of evidence for military sexual assault, putting the burden of proof on the victim, which in a majority of cases, does not exist.
“There must be zero-tolerance for this behavior in the military, and VA must recognize the immediate trauma inflicted on these men and women,” said Runyan. “This is a system that needs major reform and I am calling on VA to treat these victims with the compassion they deserve and ensure they receive the benefits they are due from their government.”
Witness Testimony of Ms. Margaret Middleton, Executive Director, Connecticut Veterans Legal Center
"Chairman Runyan, Ranking Member McNerney and Members of the Subcommittee, thank you very much for the opportunity to appear before you today and offer my testimony on the highly important issue of military sexual trauma and the VA’s disability compensation benefits process. My name is Margaret Middleton. I am the Executive Director and co-founder of the Connecticut Veterans Legal Center. Our mission is to help veterans recovering from homelessness and mental illness overcome barriers to housing, healthcare, and income. I am also a visiting clinical lecturer co-teaching the Veterans Legal Services Clinic at Yale Law School. In both of these capacities I work with veterans seeking VA compensation for PTSD caused by sexual assault in the military.
"There are several experts at this hearing who have eloquently testified as to the appalling extent of sexual assault in the military and the scope of the VA’s failure to assist those victims. Rather than repeat those statistics I’d like to share some personal experiences I have had in representing veterans to illuminate how the evidentiary standard set forth in Title 38 of the Code of Federal Regulations section 3.304 prevents worthy claimants from receiving compensation they deserve.
Photograph of Marine helicopter pilot cleaning the rotor blade of her aircraft. Wikimedia Commons
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