Posted on May 5, 2020
Is it normal for the psychologist interviewing a VA claimant to dismiss trauma due to sexual assault because of lack of evidence?
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A former soldier of mine had her interview with a VA psychologist to determine her eligibility for compensation. During the interview, he asked if there were any instances that caused trauma, PTSD, or other significant social trauma. She said "yes," and mentioned a case of military sexual trauma (MST), including who did it to her and when. He responded by asking if she had told anyone or had any proof. She said no, because she was naive at the time and unaware of what was really going on, as well as thinking that some form of retaliation would occur. The doctor said that in these instances various things could count as proof, but that if she had none, they would have to move forward with other claims. She said she had none and he dismissed the MST. No decision has been made, but she is not feeling like she will get the help she needs for this because of her decision not to report anything. What advice do you have?
Edited >1 y ago
Posted >1 y ago
Responses: 12
I she out? She can file a restricted report with a military provider, SARC, or Victim Advocate.
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LTC (Join to see)
SPC(P) Brandon Jenkins - so to be 100% clear: Her DS ordered her bunk mate to go wait in another room and then he sexually assaulted her? Did she tell her bunk mate what happened when she returned?
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SPC(P) Brandon Jenkins
LTC (Join to see) apparently she and her bunk mate did not get along well. Her bunk mate dis not get along with anyone.
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LTC Jason Mackay
LTC (Join to see) this is a running multi-post discussion. BLUF: soldier is separated, wants to claim MST through VA without the documentation required and doesn’t want an LE investigation. So short of a retroactive restricted report, not sure what else can be done. Without one of the enumerated substantiating methods, VA is going to move on. Not about an unrestricted report and prosecution.
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LTC (Join to see)
LTC Jason Mackay - bottom line: she didn't report it at the time and the statute of limitations for filing a report has expired. There is nothing she can do at this point to provide the VA with any documentation to verify/validate her claim of MST.
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I agree with CPT Topher Murphy that she should contact the closest VA Facility's MST Coordinator, or the closest Vet Center. The difference with a Vet Center is that there doesn't have to be a service-connected claim approved to receive MST treatment. Veteran walks in, has a DD-214, and is scheduled for counseling. I know that doesn't answer the question of the claim process and the Comp & Pen exam, but the most important thing here is for this Veteran to receive the care/assistance she is entitled to.
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It sounds like she was at a C&P 3. exam. It is a forensic exam. Some clarifications:
1. Her claim may not be rated for PTSD d/t no evidence
2. The person can still get MH services for a MST event
3. She could write up what happened to her and the VBA will look at "markers" they have identified to see if the person basically has circumstantial evidence to support their assertion.
4. As far as I know the VHA (hospital) doesn't do anything as far as SARC or legal processes
5. Again the person can be seen for ANY mental health issues they may have from this MST event, as the VHA has specific MST coordinators at their facilities
6. I'm saying this as a VA psychologist who completes C&P exams
1. Her claim may not be rated for PTSD d/t no evidence
2. The person can still get MH services for a MST event
3. She could write up what happened to her and the VBA will look at "markers" they have identified to see if the person basically has circumstantial evidence to support their assertion.
4. As far as I know the VHA (hospital) doesn't do anything as far as SARC or legal processes
5. Again the person can be seen for ANY mental health issues they may have from this MST event, as the VHA has specific MST coordinators at their facilities
6. I'm saying this as a VA psychologist who completes C&P exams
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