Military Sexual Trauma (MST) claims are some of the most misunderstood in the entire VA disability system — largely because most survivors don't have an official incident report to point to. VA actually built that reality into the rules for every MST claim.
Two different laws, doing two different jobs
It's easy to conflate these, so it's worth separating them clearly. 38 U.S.C. § 1720D is the law that gives MST survivors access to free VA healthcare and counseling, regardless of whether they've filed — or won — a disability claim. It's about treatment access, not compensation.
The rule that actually governs an MST disability claim is 38 CFR § 3.304(f)(5). That's the regulation that matters for a rating decision.
Why 3.304(f)(5) exists — and what it allows
Most MST incidents are never formally reported, for reasons that are well understood: fear of retaliation, stigma, not wanting to derail a career, or simply not having the language for what happened at the time. Recognizing that, VA's own regulation says a personal-assault or MST claim cannot be denied solely because there's no official record of the incident.
Instead, VA looks for "markers" — indirect evidence that something happened, even without a formal report:
- A noticeable drop in performance evaluations
- Requests for a transfer to a different unit or duty station
- Disciplinary actions that seem out of character
- Increased use of leave, or unexplained absences
- Substance use that begins or escalates
- Visits to a mental health provider, chaplain, or medical professional around the time of the incident
- Statements from family, friends, or fellow service members who noticed a change
Why this claim benefits from a clinical eye, not just a legal one
Building an MST claim well means understanding both the legal standard and what trauma actually looks like in someone's records and behavior — which is exactly why Attorney Windham's background matters here. Before practicing law, she worked as an inpatient psychotherapist treating patients whose conditions were connected to their military service. That dual perspective — clinical and legal — shapes how Windham Law approaches building the connection between what happened and the evidence that's actually available.
If your MST claim was denied
A denial often means VA didn't see enough of the right kind of evidence — not that the evidence doesn't exist. If that's where you are, it may be worth a second look. Learn how Windham Law handles MST VA claims.