According to Ruth Moore, she was 18, just months out of Navy boot camp when an officer raped her, twice. Although Moore reported the crimes to a chaplain, her attacker was never prosecuted. After a suicide attempt and a stay in a psychiatric facility, Moore was repeatedly denied disability compensation from the Department of Veterans Affairs for Post-Traumatic Stress Disorder, because the VA said she could not prove the rape.
The VA discriminates against thousands of military sexual trauma (MST) survivors like Moore each year, alleges a new report by the American Civil Liberties Union, the Service Women’s Action Network and the Veterans Legal Service Clinic at Yale Law School. In trying to obtain compensation for the impact of sexual trauma on their mental health, survivors face bureaucratic hurdles and long delays. Ultimately, a disproportionate number of their claims are rejected.
The report is based on previously withheld data that the VA released to settle Freedom of Information Act lawsuits brought by the Yale clinic. The numbers reveal that the VA grants disability claims for PTSD related to sexual assault at significantly lower rates than for PTSD caused by other types of trauma. In 2011, for example, the VA granted benefits to 74.2 percent of veterans who submitted non-MST-related trauma claims, but only to 44.6 percent of those with MST-related PTSD, a gap of nearly 30 percent.
“Under the current regulations, survivors of military sexual trauma have to provide a decent amount of documentation in order to get a compensation pension exam, as part of the benefits process,” explained Rose Carmen Goldberg, one of the authors of the report. Because of widespread retaliation, only a fraction of those who are sexually assaulted while in service report the crimes against them. Without a paper trail it is difficult for them to meet the VA’s evidentiary standards. Even with it, the report found, “claims adjudicators often fail to give adequate weight to the evidence that MST survivors do produce.”
Veterans with PTSD linked to combat or other sources of trauma, on the other hand, don’t bear the same burden of proof: their own testimony is sufficient to prove that their trauma is connected to their military service. “We think that very obvious and overt discrimination in the regulations is definitely an underlying factor, but there are probably many factors at work,” Golberg said. For example, until 2011 the Defense Department destroyed all restricted reports of sexual assault that were more than five years old.
As incidences of sexual assault in the military have risen, so have associated claims of PTSD, which increased by more than half between 2010 and 2011. Women who suffered a sexual assault in the military are nine times more likely to develop PTSD than other female veterans. More than 15,800 veterans filed claims for PTSD related to sexual trauma in the five years spanning 2008 and 2012. About two-thirds of the applicants were women.