Lawsuit: VA Discriminates Against Veterans With Sexual Trauma

Two national veterans’ advocacy groups filed a lawsuit Wednesday against the U. S. Department of Veterans Affairs, saying it discriminates against victims of military sexual trauma who are seeking VA disability benefits. The suit was brought by Service Women’s Action Network (SWAN) and Vietnam Veterans of America (VVA). They want the VA to change what they consider to be burdensome regulations governing claims for Post Traumatic Stress Disorder (PTSD) that are based on rape, sexual assault, or sexual harassment. They cite substantial gaps between benefit approvals for these claims compared to higher approvals for other PTSD claims.

The Yale Law School Veterans Legal Clinic is representing the plaintiffs and filed the suit in federal court in Washington, D.C.

The plaintiffs are asking that the rules conform to those governing PTSD claims based on combat trauma, Prisoner of War status, and fear of hostile military or terrorist activity, which are less stringent than those based on Military Sexual Trauma (MST) and are also situations that pose difficulty in obtaining corroboratory evidence. “The VA knows the current process makes veterans who’ve been harmed by military sexual harassment and assault jump through more hoops than other PTSD claimants,” said Anu Bhagwati, SWAN executive director and a former Marine Corps captain.

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