May 20, 2010

WASHINGTON—The Disabled American Veterans (DAV) is urging a joint meeting of two House Veterans’ Affairs subcommittees to facilitate the health care and disability claims for victims of military sexual trauma (MST).

"More collaboration is needed between the Department of Veterans Affairs (VA) and Department of Defense (DoD) to address military sexual trauma and to identify better ways to treat and properly compensate veterans for conditions related to MST,” said Deputy National Legislative Director Joy J. Ilem in testimony before the joint meeting of the House Veterans’ Affairs subcommittees on Health and Disability Assistance and Memorial Affairs. “We continue to express a fervent hope that DoD is effectively addressing methods to prevent and, in fact, eliminate the incidence of sexual assaults and harassment within all branches of the military service.”

Ilem testified that the prevalence of sexual assault in the military is “alarming,” with 100,000 veterans reporting sexual trauma to VA treatment programs. In many cases, Ilem said victims do not report the incidents until years after the act.

Veterans who do not report the assaults are frequently denied claims for depression, post-traumatic stress disorder (PTSD), anxiety and adjustment disorders stemming from the trauma because of the lack of required documentary evidence to support the claim. “Many of these veterans would be eligible for health care and compensation benefits, but they are unable to support their claims,” said Ilem. “Women veterans are specifically affected.”

Under new DoD rules, military sexual trauma can be reported by servicemembers two ways – restricted and unrestricted. Unrestricted reporting creates an official record used for prosecutorial authorities. Restricted reporting allows for medical and mental care needed by the victims, but details of the assault are kept confidential. “DAV’s primary concern is that the VA be able to access the restricted DoD records documenting reports of MST for an indeterminate period,” said Ilem. “We want to protect MST victims’ rights and benefits when they transition to veteran stats.” Many times, restricted records are destroyed after the victim leaves active duty.

Since June 2005, nearly 3,400 restricted reports have been filed with DoD. “There is no official policy in place to secure such records to establish service connection,” said Ilem. “In fact, to maintain confidentiality in the case of restricted reporting, DoD policy prevents release of MST-related records.”

“We hope to confirm, with the subcommittees’ oversight, that VA is indeed fully collaborating with DoD to ensure veterans who have suffered MST and have filed claims for benefits for related conditions gain VA’s full assistance in accessing these important records in support of claims for disability,” Ilem testified.

The 1.2 million-member Disabled American Veterans, a non-profit organization founded in 1920 and chartered by the U.S. Congress in 1932, represents this nation’s disabled veterans. It is dedicated to a single purpose: building better lives for our nation’s disabled veterans and their families. For more information, visit the organization’s Web site www.dav.org.

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