Is it normal for the psychologist interviewing a VA claimant to dismiss trauma due to sexual assault because of lack of evidence?

2020-05-05T18:48:52-04:00

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?

Response by SGT Christopher Hayden made May 5 at 2020 6:53 PM

2020-05-05T18:53:25-04:00

The VA is very "evidence based", especially now after all the cases of fraud people have perpetrated against them (lying about combat to get money for PTSD, etc.) and aren't all that willing to agree with someone to begin with.

Response by SFC Private RallyPoint Member made May 5 at 2020 7:35 PM

2020-05-05T19:35:06-04:00

Compensation means money. From the VA perspective you have someone alleging something happened and asking for money because of it. If absolutely no evidence was required to pay compensation, then every single person could claim MST and get paid by the VA.

Response by LTC Jason Mackay made May 5 at 2020 7:43 PM

2020-05-05T19:43:59-04:00

I she out? She can file a restricted report with a military provider, SARC, or Victim Advocate.

Response by SFC Carlos Gamino made May 5 at 2020 10:37 PM

2020-05-05T22:37:25-04:00

Almost confident that the psychologist noted those claim, however it is quite possible he/she dismissed those claims due to lack of or no evidence. Possible needs a credible source other than the person making the claim.

Response by SGT Private RallyPoint Member made May 6 at 2020 7:08 AM

2020-05-06T07:08:29-04:00

That is why women underreport these occurrences in the first place. She should report this kind of behavior to a VSO. She should also seek help from a civilian psychologist for her own benefit. Follow the advice of LTC Jason Mackay

Response by LTC Private RallyPoint Member made May 6 at 2020 8:19 AM

2020-05-06T08:19:30-04:00

She will need to document her issues for compensation. It is likely as simple as having a psychologist documenting that she has emotional trauma that was more likely than not connected to the assault that happened during her service.

Response by Sgt Alex Graham made May 6 at 2020 9:41 AM

2020-05-06T09:41:12-04:00

I hire my own ps

Response by SFC Ralph E Kelley made May 6 at 2020 9:48 AM

2020-05-06T09:48:42-04:00

Yes.

Response by SSgt Christophe Murphy made May 6 at 2020 9:54 AM

2020-05-06T09:54:19-04:00

It seems odd that a VA Doctor would ask for evidence. VA Doctor's aren't in a position to conduct an investigation and gather evidence to create a case. Their role is to verify and confirm the presence of trauma and distress. What you described is very different from my experience with reporting PTSD and being evaluated. If the results have not been released yet I would suggest waiting for the official results and appeal if necessary.

Response by CPT Topher Murphy made May 6 at 2020 11:15 PM

2020-05-06T23:15:33-04:00

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

Response by CPT Bobby Fields made May 29 at 2020 11:58 AM

2020-05-29T11:58:06-04:00

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.

Response by PFC Robin ONeill made Jun 1 at 2024 1:04 AM

2024-06-01T01:04:30-04:00

So awful. I was assaulted by my squad leader. I reported it to my CO. The MPs came. The local sheriff came. Even so, it was announced during formation in front of the entire company this a**h*** was charged with 'fraternization'! He was disbarred from reenlistment. Wow. Some punit. I was stared at, sneered at, made the butt of jokes...etc. I was basically made to feel like a whore. Sexual assault is just fraternization and I felt so let down and no believed me. That was 38 or so years ago. It took me till 14 years ago to apply for benefits. I suffered for years with PTSD, anxiety and depression. Every relationship suffered. My tendency is to be with abusive people because I have had very little self worth. MST happens far to often and I am shocked you were treated this way is truly awful. Go over this person's head. He has no business being involved in this decision.