MST Claims: The Special Evidence Rules VA Must Follow

VA describes MST as sexual assault or sexual harassment experienced during military service. It can happen to anyone, of any gender.

The claims law defines it as a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, air, or space service.

For a PTSD claim based on an in-service personal assault, 38 C.F.R. § 3.304(f)(5) says evidence from sources other than your service records may back up your account. The list in the rule gives examples. It is not a complete list.

• Records from law enforcement, rape crisis centers, mental health counseling centers, hospitals, or doctors
• Pregnancy tests or tests for sexually transmitted diseases
• Statements from family members, roommates, fellow service members, or clergy
• Changes in behavior after the event, such as a transfer request or a drop in work performance

VA may not deny a PTSD claim based on in-service personal assault without first telling you that this kind of evidence can help. VA must give you a chance to send it, or to tell VA where it can be found.

VA may also send the evidence it receives to a medical or mental health professional. That professional can give an opinion on whether the evidence shows an assault occurred.

In 2013, a federal appeals court held that the absence of a report in service records is not evidence that an unreported assault did not happen. VA also may not treat a failure to report as evidence that it did not happen.

The special rule in 38 C.F.R. § 3.304(f)(5) is written for PTSD. A June 2026 National Academies report found that, for conditions other than PTSD, current rules call for evidence from military and in-service medical records, and it recommended one evidence standard for all MST claims. Bills to make that change have been introduced but have not become law as of this check. VA must still give due consideration to all pertinent medical and lay evidence in every claim.

The law already requires VA to use specialized teams for MST claims involving PTSD, anxiety, depression, or another mental health diagnosis. If your diagnosis is not PTSD, ask an accredited representative how this affects the evidence you gather.

• Specialized claim teams trained to identify markers of MST.
• You may choose the sex of the clinician who does your claim exam. VA must tell you about this choice before the exam.
• Federal law directs VA to use trauma-informed practices in these exams and in denial letters.
• Claim forms must offer a referral to an MST coordinator at the nearest VA medical facility.
• VA says every regional office has a male and a female MST outreach coordinator who can help with claims.

• VA Form 21-526EZ starts a new disability claim. The online version has optional mental health questions.
• VA Form 21-0781 (March 2024 edition) is an optional statement for mental health conditions linked to an in-service traumatic event, including MST. VA combined the old 21-0781a into it, so 21-0781a is no longer used.
• If you answer the mental health questions in the online 21-526EZ, VA says you do not need to send a separate 21-0781.

Federal law does not allow fees for help with a brand-new claim. Accredited Veterans Service Organization (VSO) representatives are always free, and they can help you file.

Free, confidential support is available now, whether or not you file a claim. VA provides free care for mental and physical health conditions related to MST. You do not need a disability rating, and you do not need to have reported the MST. Former service members with an Other Than Honorable discharge, or fewer than two years of service, may still qualify. If you are in crisis, contact the Veterans Crisis Line: dial 988 then press 1, or text 838255.

If VA has already decided an MST-related claim, a ClaimScope review reads the whole file for markers VA may have missed and shows which review lane fits. This is general information, not legal advice, and it does not guarantee any VA decision.