Expert legal representation for veterans seeking disability compensation for Military Sexual Trauma (MST) throughout Colorado and nationwide. Boulder attorney Sean Kendall provides compassionate, confidential appeals representation for veterans denied MST-related disability claims, helping secure the benefits and support you deserve after experiencing sexual assault or harassment during military service.
Military Sexual Trauma creates lasting wounds that deserve recognition and compensation. Our Boulder-based veterans appeals attorneys understand the unique challenges MST survivors face and fight relentlessly to overturn wrongful VA denials. With over 35 years of experience and proven success in MST claims, we provide expert legal advocacy for veterans throughout Colorado and nationwide.
Get Your Free MST Claims Evaluation
Understanding Military Sexual Trauma Claims
Military Sexual Trauma (MST) refers to sexual assault or repeated, threatening sexual harassment that occurred while serving in the military. The VA recognizes MST as a serious trauma that can lead to significant mental and physical health conditions requiring disability compensation.
What Qualifies as MST
MST includes any sexual activity where you were involved against your will, including:
- Sexual Assault: Forced sexual contact of any kind
- Sexual Harassment: Repeated, unwelcome sexual advances or comments
- Rape or Attempted Rape: Forced sexual intercourse or attempts
- Unwanted Sexual Touching: Any inappropriate physical contact
- Sexual Coercion: Pressure for sexual favors in exchange for favorable treatment
Common MST Denial Reasons
Many valid MST claims are wrongfully denied due to:
- Insufficient Evidence Development: VA fails to properly develop claims despite relaxed evidence standards for MST
- Misunderstanding of MST Evidence Rules: Examiners incorrectly apply evidence requirements
- Inadequate Mental Health Evaluations: C&P examiners provide incomplete assessments
- Personality Disorder Misdiagnosis: MST victims wrongly diagnosed and discharged with personality disorders instead of recognizing trauma-related conditions
The Appeals Advantage
MST claims have special evidence considerations that many veterans and even some representatives don't fully understand. Experienced MST appeals attorneys know how to properly develop and present these sensitive claims for maximum success.
MST-Related Conditions & Disabilities
MST can cause numerous service-connected conditions that qualify for VA disability compensation. Understanding these conditions helps veterans recognize the full scope of their MST-related disabilities.
Primary Mental Health Conditions
Post-Traumatic Stress Disorder (PTSD) is the most common MST-related condition:
- MST-PTSD Symptoms: Nightmares, flashbacks, severe anxiety, depression, and avoidance behaviors
- Impact on Employment: Why veterans with PTSD have trouble maintaining steady work
- TDIU Eligibility: Getting TDIU for PTSD when trauma prevents substantial employment
Other Mental Health Conditions:
- Major Depressive Disorder: Persistent sadness, hopelessness, and loss of interest
- Anxiety Disorders: Generalized anxiety, panic attacks, and social anxiety
- Substance Use Disorders: Self-medication leading to alcohol or drug dependency
- Sleep Disorders: Insomnia, nightmares, and sleep disturbances
Secondary Physical Conditions
MST often leads to secondary physical conditions:
- Gastrointestinal Issues: IBS, chronic stomach problems, and digestive disorders
- Chronic Pain Conditions: Fibromyalgia, headaches, and muscle tension
- Sexual Dysfunction: Intimacy issues and reproductive health problems
- Autoimmune Conditions: Stress-related immune system disorders
Combined Effects on Employability
Multiple MST-related conditions often combine to create total unemployability, making veterans eligible for TDIU benefits providing 100% disability compensation even with lower individual ratings.
Evidence Requirements for MST Claims
MST claims have unique evidence requirements that differ from other trauma claims. Understanding these special considerations is crucial for successful appeals.
Relaxed Evidence Standards
The VA recognizes that MST often occurs without witnesses or official reports, so evidence standards are more flexible:
- No Official Report Required: MST claims don't require military police reports or official documentation
- Alternative Evidence Accepted: Circumstantial evidence and behavioral changes can support claims
- Buddy Statements Welcome: Testimony from fellow service members about behavioral changes
- Personal Statements: Detailed accounts of the incident(s) and their impact
Types of Supporting Evidence
Contemporary Evidence (from time of service):
- Medical records showing treatment for gynecological problems
- Mental health counseling or psychiatric care
- Requests for transfers or duty changes
- Disciplinary actions or performance issues
- Substance abuse treatment or incidents
Behavioral Change Evidence:
- Sudden changes in behavior, performance, or relationships
- Withdrawal from social activities or military duties
- Increased absenteeism or disciplinary problems
- Changes in eating, sleeping, or personal hygiene habits
Post-Service Evidence:
- Mental health treatment records
- Statements from family and friends about ongoing symptoms
- Employment difficulties due to MST-related conditions
- Relationship problems stemming from the trauma
Professional Documentation
Medical Evidence Requirements:
- Comprehensive psychiatric evaluations linking current symptoms to MST
- Treatment records showing ongoing care for MST-related conditions
- Functional capacity evaluations for TDIU claims
- Nexus letters connecting current disabilities to military sexual trauma
MST Appeals Process & Strategy
Most denied MST claims can be successfully overturned with proper appeals strategy and evidence development. MST claims require special sensitivity and expertise throughout the appeals process.
Common MST Denial Reasons
Insufficient Evidence Development: Despite relaxed evidence standards, the VA often fails to properly develop MST claims by:
- Not requesting alternative forms of evidence
- Failing to order appropriate mental health examinations
- Inadequately questioning about behavioral changes during service
- Not considering secondary conditions caused by MST
Inadequate Mental Health Evaluations: C&P examiners may:
- Fail to understand MST's unique psychological impact
- Provide incomplete opinions about service connection
- Not properly assess the severity of current symptoms
- Miss secondary conditions caused by the original trauma
Strategic Appeal Options
Under the Appeals Modernization Act, veterans have three appeal lanes:
Supplemental Claim Lane:
- Best when new evidence is available
- Allows submission of additional medical records or statements
- Provides fresh review of the entire claim
- Protects earlier effective dates
Higher-Level Review:
- Appropriate when VA made clear errors in the original decision
- Senior VA official reviews the same evidence
- No new evidence can be submitted
- Faster than Board appeals
Board Appeal:
- Direct appeal to Board of Veterans Appeals
- Option for video or in-person hearings
- Can submit new evidence before hearing
- Highest success rates with attorney representation
MST-Specific Appeal Strategies
Comprehensive Evidence Development: Building strong MST appeals requires:
- Obtaining complete military personnel and medical records
- Securing detailed statements from family and friends
- Coordinating with mental health professionals familiar with MST
- Developing evidence of behavioral changes during and after service
Privacy Protection: Throughout the appeals process, we ensure:
- Confidential handling of sensitive information
- Minimal disclosure requirements while maximizing claim strength
- Protection from unnecessary examination details
- Respectful treatment by all involved parties
Confidentiality & Privacy Protection
We understand the deeply personal nature of MST claims and maintain the highest standards of confidentiality throughout the legal process. Your privacy and dignity are our top priorities.
Attorney-Client Privilege
All communications with our MST appeals attorneys are protected by attorney-client privilege:
- Complete Confidentiality: Your story and details are never shared without permission
- Secure Communications: All correspondence handled through protected channels
- Limited Disclosure: Only necessary information shared with VA officials
- Respectful Treatment: Sensitive handling of all aspects of your case
VA Privacy Protections
MST claims have additional privacy protections:
- Restricted Access: MST information receives special handling within VA systems
- Need-to-Know Basis: Only authorized personnel can access MST-related records
- Protected Examinations: C&P examiners trained in trauma-informed approaches
- Confidential Reporting: Alternative evidence methods protect your privacy
Family and Social Considerations
We help protect your relationships and social standing:
- Discreet Representation: Professional handling minimizes social exposure
- Family Preparation: Guidance for discussing claims with loved ones
- Workplace Considerations: Advice on handling employment-related MST effects
- Community Support: Connections to veteran support organizations when appropriate
Benefits Available for MST Survivors
MST survivors may qualify for substantial VA benefits including disability compensation, healthcare, and support services. Understanding available benefits helps veterans access comprehensive care and support.
Disability Compensation
Monthly Compensation Based on Severity:
- 10% Disability Rating: ~$171 monthly
- 30% Disability Rating: ~$508 monthly
- 50% Disability Rating: ~$1,041 monthly
- 70% Disability Rating: ~$1,716 monthly
- 100% Disability Rating: ~$3,737 monthly
TDIU Benefits: When MST-related conditions prevent substantial employment, veterans may receive 100% compensation through Total Disability based on Individual Unemployability (TDIU).
Healthcare Benefits
Specialized MST Treatment:
- MST Coordinators: Every VA medical facility has dedicated MST coordinators
- Trauma-Informed Care: Specialized treatment approaches for sexual trauma
- Mental Health Services: Comprehensive psychiatric and psychological care
- Residential Treatment: Inpatient programs for severe MST-related conditions
Free MST-Related Healthcare: Even without service-connected ratings, MST survivors receive free treatment for MST-related conditions.
Additional Benefits
Vocational Rehabilitation: Andrews v. Shinseki understanding vocational rehabilitation provides educational and job training benefits for veterans whose MST-related disabilities affect employment.
Dependent Benefits:
- Chapter 35 Benefits: Educational assistance for spouses and children
- Dependency and Indemnity Compensation: Support for surviving family members
- Family Counseling: Mental health services for affected family members
Housing and Financial Support:
- VA Home Loans: Guaranteed mortgages with favorable terms
- Specially Adapted Housing: Grants for home modifications
- Individual Unemployability: 100% compensation when unable to work
Why Choose an MST Appeals Attorney
MST claims require specialized knowledge, sensitivity, and experience that only dedicated veterans appeals attorneys can provide. The stakes are too high to navigate these complex claims alone.
Proven Success Rates
Research consistently shows attorneys achieve dramatically higher success rates:
- Attorneys: 73.4% success rate at Board of Veterans Appeals
- Veterans Service Organizations: 60.1% success rate
- Other Representatives: 58.2% success rate
- No Representation: 25.7% success rate
MST-Specific Expertise
Understanding MST Evidence Rules: Experienced MST attorneys know:
- How to develop alternative evidence when official records don't exist
- Which types of circumstantial evidence VA must consider
- How to present behavioral change evidence effectively
- When to request specialized mental health examinations
Trauma-Informed Approach: Our representation includes:
- Sensitive Interviewing: Respectful discussion of difficult experiences
- Flexible Scheduling: Accommodating trauma-related symptoms and needs
- Privacy Protection: Maintaining confidentiality throughout the process
- Supportive Advocacy: Understanding the courage required to pursue these claims
Comprehensive Case Development
Medical Evidence Coordination:
- Obtaining complete military and civilian medical records
- Coordinating with trauma specialists familiar with MST
- Securing expert opinions on service connection and severity
- Developing evidence for secondary conditions
Strategic Appeals Planning:
- Analyzing denial reasons to develop targeted responses
- Choosing optimal appeal lanes based on available evidence
- Preparing for hearings with trauma-informed approaches
- Maximizing effective dates for retroactive compensation
Boulder CO & Nationwide MST Appeals Services
Sean Kendall provides expert MST appeals representation to veterans in Boulder, Colorado, and throughout the United States, combining local accessibility with nationwide expertise.
Boulder Colorado MST Services
Located at 2727 Pine St #6, Boulder, CO 80302, our office serves Colorado veterans with:
Local Accessibility:
- Convenient Boulder Location: Easy access for Front Range veterans
- In-Person Consultations: Face-to-face meetings in comfortable, private setting
- Colorado Military Community: Understanding of local veteran population needs
- Denver Regional Office Experience: Deep knowledge of Colorado VA procedures
Colorado-Specific Considerations:
- Military Installation Connections: Serving veterans from Fort Carson, Peterson Air Force Base, and other Colorado bases
- State Veterans Benefits: Coordinating federal MST claims with Colorado state programs
- Local Support Networks: Connections to Colorado veteran service organizations
- Regional Healthcare: Familiarity with Denver VA Medical Center MST programs
Nationwide MST Representation
While based in Boulder, we represent MST survivors throughout all 50 states:
Remote Consultation Options:
- Confidential Phone Consultations: Secure discussions of sensitive MST claims
- Video Conferencing: Face-to-face meetings from anywhere in the country
- Electronic Document Handling: Secure transmission of sensitive records
- National VA Experience: Appeals representation across all regional offices
Federal Court Experience:
- Court of Appeals for Veterans Claims: Representation at the federal level
- Complex Legal Arguments: Advanced advocacy for challenging MST cases
- Precedent-Setting Cases: Experience with cases establishing MST legal standards
- Multi-Jurisdictional Knowledge: Understanding of varying regional practices
Comprehensive Support Network
Professional Referrals:
- Trauma Specialists: Network of mental health professionals experienced with MST
- Medical Experts: Access to physicians who understand MST-related conditions
- Vocational Specialists: Experts who assess employment impact of MST trauma
- Support Organizations: Connections to veteran-specific MST support groups
Frequently Asked Questions About MST Claims
What evidence do I need for an MST claim?
MST claims have relaxed evidence requirements compared to other trauma claims. You don't need official reports or witnesses. The VA will consider alternative evidence such as medical records showing treatment for related conditions, behavioral changes during service, buddy statements from fellow service members, and personal statements describing the incidents and their impact. Our MST attorneys help identify and develop all available evidence to strengthen your claim.
Can I get benefits for MST even if I never reported it?
Yes, absolutely. The VA recognizes that most MST incidents go unreported due to fear of retaliation, disbelief, or other factors. You can still receive disability compensation and benefits even without official reports. The VA uses alternative evidence to establish that MST occurred and caused your current conditions. Many successful MST claims involve incidents that were never officially reported during military service.
How long do MST claims take to process?
MST claims typically take 6-12 months for initial decisions, though complex cases or appeals can take longer. The VA gives MST claims priority processing, but thorough evidence development is crucial for success. Having experienced legal representation and complete medical documentation can help expedite the process while ensuring the strongest possible claim.
Will my MST claim information be kept confidential?
Yes, MST claims receive special privacy protections. The VA has strict confidentiality rules for MST information, and only authorized personnel can access these records. Our firm maintains the highest standards of confidentiality, and all communications are protected by attorney-client privilege. We work to minimize disclosure while maximizing claim strength, always respecting your privacy and dignity throughout the process.
Can I receive benefits for conditions caused by MST?
Yes, both direct and secondary conditions caused by MST qualify for disability compensation. Common MST-related conditions include PTSD, depression, anxiety disorders, sleep disturbances, and physical conditions like gastrointestinal problems or chronic pain. If MST-related conditions prevent you from working, you may also qualify for TDIU benefits providing 100% disability compensation.
Why do I need an MST appeals attorney?
MST claims involve complex legal and medical issues that require specialized expertise. Attorneys have dramatically higher success rates (73.4%) compared to unrepresented veterans (25.7%). MST appeals attorneys understand the unique evidence rules, know how to develop alternative evidence when official records don't exist, and provide trauma-informed representation that respects your privacy while fighting for maximum benefits.
Contact Our Boulder CO MST Appeals Attorneys
Don't let the VA deny or undervalue your MST-related disability claim. Military Sexual Trauma creates lasting wounds that deserve recognition and compensation. With over 35 years of experience and deep understanding of MST claims, Sean Kendall Law provides the compassionate, expert legal representation you need to secure the benefits you've earned.
Get Your Free MST Claims Evaluation
Why Choose Sean Kendall Law for MST Claims
Specialized MST Experience: Over three decades of experience with military sexual trauma claims, including understanding of unique evidence requirements and VA procedures specific to MST cases.
Trauma-Informed Approach: We provide respectful, sensitive representation that prioritizes your privacy and dignity while aggressively pursuing your rightful benefits.
Proven Results: Successful track record of overturning MST denials and securing maximum compensation for sexual trauma survivors.
Comprehensive Support: From initial consultation through final resolution, we provide complete legal support and connect you with appropriate medical and support resources.
Take Action Today
Time limits apply to MST appeals, and early action protects your rights and maximizes potential back pay. Evidence preservation is crucial, and medical documentation can be lost over time. MST-related conditions often worsen without proper treatment and support.
Our office in Boulder, Colorado, serves U.S. Veterans around the world.
Contact us today at 303-848-3911 or toll-free at 877-629-1712, or use our online contact form to schedule a free, no-obligation initial consultation. You can also learn more about your claim in our free guide, VA Benefits Handbook.
For additional resources check out:
- Dispelling the Myths of MST
- Dispelling the Myths of MST Part II
- Dispelling the Myths of MST Part III
Remember: You served with honor despite experiencing trauma. Now let us serve you with the dedicated legal representation you deserve. Every MST survivor has the right to pursue maximum benefits, and we won't stop fighting until you receive the compensation and recognition you've earned.
