DeLauro Urges VA to Reform Claims Process for Sexual Assault Claims

WASHINGTON, DC--Congresswoman Rosa DeLauro (CT-3) and 30 of her House colleagues today urged the Department of Veterans Affairs (VA) to change the way they handle disability claims for survivors of military sexual assault (MST). In a letter to Acting Secretary Sloan Gibson, DeLauro and her colleagues highlighted an independent report that found the VA is not treating all survivors of MST equally.

"The report confirmed what many in Congress have been saying for too long—VA continues to struggle in adjudicating MST claims correctly. The current regulation for MST claims discriminates against survivors of sexual assault and must be simplified and improved," DeLauro and her colleagues wrote.

Since many victims of sexual assault do not report the attack, there is often a lack of documentary evidence to submit for a claim. DeLauro and her colleagues pointed out that although the VA allows claims to be submitted with other types of evidence, VA officials aren't always allowing that lower standard of proof.

"In 2002, the VA changed the regulation to allow veterans to submit circumstantial evidence, or “markers” such as reports from law enforcement agencies, mental health counseling centers, statements from family members and evidence of behavioral changes as evidence in support of the assault. However, the regulation does not actually require the VA to accept any of these markers as evidence, and it is entirely up to the VA official(s) adjudicating the claim as to what qualifies as evidence. In 2011, at the urging of Congress and many veteran advocacy organizations, VA began increasing training and awareness about the MST claims process. However, GAO has confirmed that even after 3 years of increased training, there is still much confusion among VA employees on what they are supposed to accept as evidence in these types of claims," the letter says.

DeLauro is author of the Military Sexual Trauma Claims Administration Reform and Eligibility Act, which would make it easier for veteran survivors of MST to qualify for benefits.