Va Denied Mst Claims
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If you were one of the 3000 veterans who received a letter offering a review of a denied MST claim note that that you received a letter from the VA on date offering you the option to have your previously denied PTSD MSD claim reviewed for possible adjudication errors and you are requesting this review.
Va denied mst claims. The review team assessed a sample of 169 MST-related claims that VBA staff denied from April 2017 through September 2017 the review period. You need to read that decision again and as said above make a copy of it blank out YOUR identifying information and post that decision here. The VA is mandated to review records with a more liberal hand to corroborate a case of MST meaning they do not have to find hard evidence that it occurred just evidence that can corroborate a trauma occurred. If you need help with your application call your regional VA office and ask if there is an MST specialist that can help you.
In MST cases sometimes finding supporting evidence to corroborate the sexual assault can be difficult and can lead to denied claims. Lack of Additional Level of Review for MST Claims. If Your Claim Is Denied. Why Your MST Case May Have Been Denied Incorrectly.
The VA ALWAYS explains why they denied your claim. The VA has a duty to assist in claims and when it comes to a case of military sexual trauma MST there are different rules to carry out that duty to assist. Not all regional offices have an MST specialist so if yours doesnt then ask to speak to the Women Veterans Coordinator. Discontinued VA Special Focused Reviews.
Currently VA requires an additional level of review for certain. Often times MST goes unreported due to fear of retaliation. VAs Lack of Reviewer Specialization. The review team found that VBA staff did not properly process veterans denied MST-related claims in 82 of 169 cases.
WASHINGTON The Department of Veterans Affairs improperly denied hundreds of military sexual trauma claims in recent years leaving potentially thousands of veterans suffering from post-traumatic. The letter conceded that in some cases appropriate evidence had been overlooked. You also dont need to have reported the MST or have other proof that it happened. OMHS internet page supporting treatment services for Veterans who have been the victims of Military Sexual Trauma Apply for and manage the VA benefits and services youve earned as a Veteran Servicemember or family memberlike health care disability education and more.
The VA has been trying to clear its backlog of benefit claims for years. You dont need to have a service-connected disability rating and you may be able to get MST-related care even if you dont qualify for other VA services. You can request a re-evaluation by contacting an MST Outreach Coordinator at your local VA Regional Office or going online to httpswwwvagov. Designed to speed up the process the Veterans Appeals Improvement and Modernization Act went into effect fully in 2019.
Why Did This Happen. In any VA disability case credible supporting evidence is one of the most important factors. If youre a Veteran who has experienced MST you can get help through VA. Prior to 2016 VA required specialized handling of MST claims.
In 2013 the VA sent a letter to some veterans whose MST-related PTSD claim had been denied after 2012. They have the specialized knowledge needed to evaluate these claims properly. In FY 2017 VBA denied about 5500 of those claims 46 percent. The option is still available for a veteran to request that the VBA review a previously denied claim for PTSD resulting from sexual trauma.
If you filed an MST-related claim before August 2018 and received a denial VA encourages you to refile so that your claim can be reviewed by staff who have received this training.