You no longer need physical evidence and a police report to file a claim for military sexual trauma (MST), but the Department of Veterans Affairs (VA) could still ask for a diagnosis and other proof that MST not only impacted your life but also took a toll on your well-being, too. 

Alternate types of MST evidence take many different forms. At minimum, the VA typically expects to see a medical diagnosis and enough documentation to support a service connection. You can also ask your friends and family to write buddy statements, also referred to as buddy letters. These written statements support your claim by detailing how your behavior, health, or mood has been impacted by military sexual trauma. Sometimes, a buddy letter can even corroborate details about the incident. 

Read more to learn how to use buddy letters in your MST claim, or contact Sean Kendall, Attorney at Law, to speak with a military sexual assault claims lawyer and schedule your free, no-obligation consultation as soon as possible. Importance of VA Buddy Statements | MST Claims

Definition of Military Sexual Trauma 

The VA uses the term military sexual trauma or MST to describe any type of sexual harassment, abuse, or violence that occurred in the course of military service. 

Some of the most common sources of MST claims include, but are not limited to:

  • Being pressured, coerced, or intimidated into performing sexual activities
  • Being touched without your consent, including if you’re sleeping or under the influence of drugs or alcohol
  • Being physically forced to have sexual intercourse or perform another sex act
  • Being subjected to sexual humiliation or violence during a hazing ritual

In the not-so-distant past, the military only approved MST claims filed by women. However, over the course of the past several decades, the VA gradually began to acknowledge that sexual violence is not only a problem in every branch of the armed services, but it can also affect anyone of any age, gender, or rank, too. 

Evidentiary Requirements for MST Claims

Military sexual trauma is not, in and of itself, a diagnosis. In other words, even if you have irrefutable evidence that you were assaulted, the VA can’t award benefits without a diagnosis and other proof that MST has impacted your mental health, physical well-being, or both. This typically requires you to produce the following documents during the claims process:  

  • Your service records.
  • A diagnosis for PTSD, depression, anxiety, or another MST-related condition.
  • A nexus letter from a medical provider indicating a service connection.

You may also be asked to share any evidence to show that you experienced sexual trauma in the military and have suffered any injury of some sort as a result. The unique circumstances of your case will most likely determine your options, but they could include any of the following: 

  • A police report detailing the assault 
  • An incident report to a superior officer
  • Forensic evidence, such as the results of a rape kit or STD test
  • Buddy letters from non-medical experts such as family members, friends, coworkers, and former comrades-in-arms who you either told about the incident or can testify as to how the incident has affected you

Buddy letters are a distinctive statement frequently used as evidence in MST claims. They aren’t challenging to write, but small mistakes can sometimes cause the VA to discard them without giving them the consideration they deserve. 

Using Buddy Letters to Strengthen Your Case

You can’t use a buddy statement in place of a nexus letter, but the VA often needs this form of testimony to understand the many ways in which MST may have impacted your life. 

Almost anyone can write a buddy letter on your behalf, provided they have direct knowledge of your condition or its cause. A buddy letter will usually include details such as:

  • If and when you told the writer about the incident
  • Any observable changes to your physical appearance
  • Any observable changes to your mood, personality, or overall mental health

As a general rule, the VA prefers buddy letters that communicate the kinds of physical and behavioral changes that an ordinary person with no medical training or knowledge whatsoever would notice.

Consequently, it’s typically best to ensure that anyone writing a letter on your behalf understands that they shouldn’t offer an opinion on your diagnosis—even if they have the education and training to do so. Buddy letters should also avoid including details that the writer didn’t personally witness. Most importantly, your buddy letters should be written by people who know you well enough to notice long-term changes in your health, appearance, and demeanor.

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