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Updated Feb 18, 2025

In This Section

 

This section contains the following topics:

  

Topic

Topic Name

1

General Development for PTSD or Other Claims Related to Personal Trauma

2

Development for Stressors Related to Personal Trauma

3 Department of Defense (DoD) Reports Regarding Military Sexual Trauma (MST) Events

 

1.  General Development for PTSD or Other Claims Related to Personal Trauma

 
 

Introduction

 

This topic contains information on developing claims for service connection (SC) for PTSD or other conditions based on personal trauma, including

Change Date

 

December 16, 2024

VIII.iv.1.B.1.a.  General Information on Personal Trauma

 

Personal trauma, for the purpose of Department of Veterans Affairs (VA) disability compensation claims, refers broadly to stressor events (also referred to as “personal traumatic events”) involving harm perpetrated by a person who is not considered part of an enemy force.  

  

Examples:  Assault, battery, robbery, mugging, stalking, harassment.

  

Military sexual trauma (MST)  is a subset of personal trauma and refers to sexual harassment, sexual assault, or rape that occurs during military service.  

Notes

  • MST and other types of personal trauma are events that may result in disability, but they are not disabilities in and of themselves. 
  • Experiences of MST are not limited to a specific sex or background.
  • The perpetrator of an MST or other personal traumatic event may or may not be affiliated with the military.
  • Posttraumatic stress disorder (PTSD) is commonly associated with MST and other types of personal trauma, and service connection (SC) for PTSD on this basis may be established under the provisions of 38 CFR 3.304(f)(5).  However, PTSD is not the only diagnosis that can result from personal traumatic events.

References:  For more information on

VIII.iv.1.B.1.b.  Developing Claims of SC Based on In-Service Personal Trauma

 

When a Veteran claims SC for PTSD or other conditions based on in-service personal trauma, undertake development as necessary for credible evidence to support the occurrence of the personal traumatic event(s).  As discussed in M21-1, Part VIII, Subpart iv, 1.B.2.a, if the evidence of record is sufficient to establish the occurrence of the claimed in-service personal traumatic event(s), do not undertake any additional development for information about the traumatic event.

 

Because a personal traumatic event is an extremely personal and sensitive issue,

  • many personal traumatic events are not officially reported
  • the survivors of this type of in-service trauma may find it difficult to produce evidence to support the occurrence of the stressor, and
  • it may be distressing for survivors of MST or other personal trauma to participate in the claims process. 

Important:  Identifying possible sources of evidence to support the claim may require asking the Veteran for information concerning the personal traumatic event(s).  Make this request as compassionately as possible in order to avoid causing further trauma.

Examples:  The following are examples of appropriate language to use when it is necessary to request additional information from the Veteran about a personal traumatic event:

  • Please provide a general time frame in which the traumatic event occurred.
  • Please provide the unit, base, or installation you were assigned to at the time the traumatic event occurred.

Notes:

  • The development activity must work closely with the rating activity when developing claims based on personal trauma.
  • The procedures identified throughout this section are intended to supplement the general procedures for development of PTSD claims provided in M21-1, Part VIII, Subpart iv, 1.A.
  • Claims for non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303, which require sufficient documentary evidence of the in-service event.  The development procedures outlined in this section and in M21-1, Part VIII, Subpart iv, 1.A may be used in claims for non-PTSD diagnoses to obtain information to assist in establishing the claimed in-service personal traumatic event(s).

References:  For more information on

VIII.iv.1.B.1.c.  Assigning Claim Attributes to Claims Based on Personal Trauma

 

To facilitate tracking and proper routing of claims, claims processors must assign the appropriate claim attributes to claims based on personal trauma. 

 

Determine the nature of a Veteran’s claimed condition and personal traumatic event(s) and, using the table below, ensure one of the following special issues is assigned to the relevant contention(s).

If the claim is for …

Then assign the …

any condition, mental or physical (including PTSD), resulting from MST

MST special issue indicator.

PTSD resulting from a non-sexual personal trauma

PTSD – Personal Trauma special issue indicator.

any condition, mental or physical (other than PTSD), resulting from a non-sexual personal trauma

Non-PTSD Personal Trauma special issue indicator.

Important:  The MST special issue indicator must be used for all MST-related claims, including claims to establish SC and claims for increased evaluation.  This will facilitate

  • routing of these claims to the appropriate personnel for processing, and
  • automatic notifications from the Veterans Benefits Administration (VBA) to the Veterans Health Administration (VHA) about certain upcoming events during the claims process. 

Note:  If the MST special issue indicator has been assigned but, at any time during the claims process, it becomes clear that the Veteran’s claim is not based on an MST event, then

  • remove the MST special issue indicator
  • enter a permanent claim-level note in the Veterans Benefits Management System (VBMS) documenting the reason the MST special issue indicator was removed, and
  • ensure that the appropriate special issue indicator described above for a claim based on non-sexual personal trauma is added, if applicable.  

References:  For more information on

VIII.iv.1.B.1.d.  MST Claim Processing Requirements

 

All development actions on claims involving MST must only be taken by an individual who  

  • has completed the required MST training module(s)
  • has been designated as an MST claims processor, and
  • is assigned to a
    • specialized MST claims processing site, or
    • special mission station responsible for the claim due to other special circumstances.

Important:  To ensure accurate claims processing, the following checklist and worksheet are required for completion and uploading to the claims folder:

Exception:  When processing an active duty Integrated Disability Evaluation System, Benefits Delivery at Discharge (BDD), or BDD-excluded claim based on personal trauma, to include MST, the above checklist and worksheet are not required.

Note:  Communication with the designated VBA MST Outreach Coordinator may be warranted, if applicable as described in M27-2, Part I, 2.08.

Reference:  For more information on the requirement that MST-related claims be worked by specialized claims processors, see 38 U.S.C. 1166.  

VIII.iv.1.B.1.e.  Action to Take When the Veteran Alleges MST or Other Personal Trauma but Does Not Claim a Disability

 

A claim is not substantially complete if a Veteran alleges experiencing MST during service but does not claim SC for a specific disability resulting from the traumatic experience.  In cases such as these, follow the procedures outlined in M21-1, Part II, Subpart iii, 1.C.2.d.

Note:  If a claim form indicates a non-sexual (non-MST) personal trauma without claiming SC for a specific disability as a result, follow the procedures in M21-1, Part II, Subpart iii, 1.C.2.b.

Important:  VA does not have a duty to assist until a substantially complete application is received, as provided in 38 CFR 3.159 and as discussed in M21-1, Part I, Subpart i, 1.A.3.c

Reference:  For more information on what constitutes a substantially complete application, see

VIII.iv.1.B.1.f.  Soliciting or Clarifying Consent for Automatic Notifications to VHA in Claims Based on MST  

 

In compliance with Public Law 117-303, MST Claims Coordination Act, VBA will automatically notify VHA shortly before certain events in the claims process (including VA examinations and decision notifications) when a Veteran

  • files an MST-related compensation claim
  • is enrolled or registered with VHA, and
  • consents to the automatic notification.  

The following VA forms give claimants the option to provide or decline consent, or revoke prior consent, for these automatic notifications:

When a substantially complete MST-related claim is received, follow the steps in the table below to review, solicit, and/or clarify the Veteran’s consent preference, as necessary.

Step

Action

1

Was the MST-related compensation claim submitted on or with a form that includes the automatic notification consent language?

  • If yes, and the Veteran
    • completed the consent section, go to the next step, or
    • did not complete the consent section, go to Step 3. 
  • If no, go to Step 3.

2

Does the Veteran’s completed consent selection clearly indicate the preferred consent option?

  • If yes, no further action is necessary regarding consent for automatic notifications.
  • If no, go to Step 4.

Example:  If the Veteran selected more than one consent option on the same form and the selected options conflict with each other, the preferred consent option is not clearly indicated. 

Note:  If the Veteran selected only the option for NOT APPLICABLE AND/OR NOT ENROLLED OR REGISTERED IN VHA HEALTHCARE, no further action is needed, even if evidence shows the Veteran is receiving VHA healthcare.

3

Is there a prior consent selection reflected in the VHA COMM CONSENT field on the VETERAN SUMMARY pane in VBMS?

  • If yes, no further action is necessary to solicit consent.
  • If no, send a subsequent development letter that includes the
    • Automatic Notification System – Consent to VHA enclosure, and
    • following language in the body of the letter (using the Important Information selection for free text in VBMS):

If you have filed a claim for compensation for a condition due   to a personal traumatic event(s) (involving military sexual trauma (MST)) and you are registered or enrolled for health care with the Veterans Health Administration (VHA), you have the option for the Veterans Benefits Administration (VBA) to electronically notify VHA about certain upcoming event(s) during your claim and/or appeal process.  Please see the “Consent to VHA” enclosure to choose a consent option.

Exception:  If development for completion of VA Form 21-0781 is necessary, do not include the Automatic Notification System – Consent to VHA enclosure or the above free-text language.  The enclosure and above language are not necessary because VA Form 21-0781 includes the consent language and an explanation of its purpose.

4

When the Veteran’s consent selection is unclear, send a subsequent development letter that includes the

  • Automatic Notification System – Consent to VHA enclosure, and
  • following language in the body of the letter (using the Important Information selection for free text in VBMS):

Your consent selection for automatic notifications from the Veterans Benefits Administration (VBA) to the Veterans Health Administration (VHA) was unclear.  Please review the “Consent to VHA” enclosure and indicate whether you consent, do not consent, or revoke prior consent into the automatic notification system.  Please note, a response is not required.  If you do not respond, VBA will not send the automatic notifications to VHA.  The outcome of your claim will not be impacted.

Exception:  If development for completion of VA Form 21-0781 is necessary, do not include the Automatic Notification System – Consent to VHA enclosure.  The enclosure is not necessary because VA Form 21-0781 includes the consent language.  However, when clarification of the consent selection is necessary, do include the above free-text language in the letter but edit to reflect VA Form 21-0781 instead of “Consent to VHA” enclosure.

Notes:

  • If the Veteran does not return the Consent to VHA enclosure, no further action is necessary.  VBA is required to give Veterans who file MST-related compensation claims the option to consent to the automatic notifications, but the Veteran is not required to respond.  If the Veteran does not respond, the system will reflect that consent was not provided and VBA will not send the automatic notifications to VHA
  • System functionality will automatically scan, process, and track the consent selection.  If the Veteran consents to the automatic notifications, system functionality will check the Veteran’s VHA enrollment/registration status.  This information will be automatically populated in the VHA COMM CONSENT and VHA ENROLLMENT fields on the VETERAN SUMMARY pane in VBMS, along with a corresponding VBMS note. 
  • The actions VBA claims processors must take related to the automatic notifications are
    • soliciting or clarifying consent, if necessary as described above, and
    • ensuring the MST special issue indicator is appropriately applied. 

Important: 

  • The MST special issue indicator must be applied as described in M21-1, Part VIII, Subpart iv, 1.B.1.c to properly drive the automatic notifications. 
  • When the Veteran has selected a specific consent option, subsequent receipt of a form where the Veteran leaves the consent section blank does not change the prior consent selection.  Only a new consent selection or revocation of prior consent will change a previous consent selection.    

 

2.  Development for Stressors Related to Personal Trauma

 
 

Introduction

 

This topic contains information on developing for stressors related to personal trauma, including

Change Date

 

December 16, 2024

VIII.iv.1.B.2.a. Sufficient Evidence to Document Occurrence of a Personal Trauma Stressor

 

Prior to undertaking any initial or subsequent development for information to support the occurrence of the in-service personal traumatic event(s), thoroughly review the evidence of record for documentation sufficient to establish that the traumatic event occurred during a period of qualifying service. 

If any of the following are of record, or are obtained through development of the claim, then further stressor development is not needed:

  • the original or a copy of a report or complaint regarding an MST event(s) filed with the Department of Defense (DoD) that
    • includes signatures from the applicable DoD officials at the time of filing, and
    • otherwise appears legitimate
  • in-service records showing complaints or treatment related to the personal traumatic event(s), for example, clinical records showing mental health treatment or consultation in response to an assault (sexual or non-sexual)
  • alternative sources of evidence that provide documentation of the personal traumatic event(s), for example, civilian police reports, rape crisis center records, or other private medical reports
  • evidence showing PTSD was initially diagnosed during service, or
  • other evidence, in either service records or alternative sources, that provides sufficient documentation to support a conclusion that the personal traumatic event(s) occurred.

Notes

  • Alternative sources of evidence that are sufficient to document a personal traumatic event for VA compensation purposes include official records from Federal or non-Federal entities that show the Veteran experienced the event during a period of qualifying service and provide the place and circumstances of the event.
  • If the claim is for a non-PTSD condition (mental or physical), sufficient documentation such as that described above can serve as evidence of the in-service event, and the claim must be considered under the general direct SC provisions of 38 CFR 3.303.
  • When available service records or alternative sources of evidence do not contain sufficient documentary evidence to establish the occurrence of the personal traumatic event(s), 38 CFR 3.304(f)(5) provides a lowered evidentiary standard that may be used to support claims for SC for PTSD.  This more liberal approach allows VA to use evidence of behavioral changes (also referred to as “markers”) in combination with clinical review and interpretation of such evidence to concede a personal traumatic event, as discussed in M21-1, Part VIII, Subpart iv, 1.E.1.d and e.  These provisions related to clinical interpretation of behavioral changes, or markers, should only be applied when the
    • in-service personal traumatic event(s) cannot otherwise be established through sufficient documentary evidence of the event(s), and
    • claimed or diagnosed condition is PTSD. 

Important:  The development activity must work closely with the rating activity to determine if the evidence available in the particular case can be considered documentation sufficient to establish the occurrence of the personal traumatic event(s) or if additional stressor development is needed.  As noted in  M21-1, Part VIII, Subpart iv, 1.A.3.c, stressor concession is ultimately the rating activity’s responsibility.

 

Example 1:  The Veteran indicated experiencing a sexual assault and that civilian authorities investigated the assault.  A copy of the report from the civilian authorities is provided and it shows their office investigated an assault involving the Veteran and the Veteran’s domestic partner on April 15, 1990.  Review of the Veteran’s records shows this was during a period of active duty for training. 

Analysis:  The report from the civilian authorities is considered official documentation establishing that the Veteran experienced the personal traumatic event during a qualifying period of service.  This is sufficient evidence to support the occurrence of the in-service event, under either 38 CFR 3.304(f) for PTSD or 38 CFR 3.303 for other conditions, whichever is applicable to the claim.  Further stressor development is not needed, to the Veteran or any other source. 

Example 2:  In a lay statement provided in support of the Veteran’s claim, the Veteran’s mother indicates that she remembers the Veteran informing her of the experience of sexual harassment over the phone during a period of active duty.

Analysis:  The statement from the Veteran’s mother is not sufficient on its own to serve as

  • credible supporting evidence that the claimed in-service stressor occurred, as required by 38 CFR 3.304(f) for a claim of PTSD, o
  • sufficient documentation of the in-service event for the purposes of determining SC under the general provisions of 38 CFR 3.303 for a non-PTSD claim.    

However, if the claim is for PTSD, the statement should be used to support the Veteran’s claim under the provisions of 38 CFR 3.304(f)(5), along with clinical interpretation of behavioral changes when deemed necessary. 

References:  For more information on

VIII.iv.1.B.2.b. Information Needed Regarding a Personal Trauma Stressor

 

In claims based on personal trauma, the following information is generally needed to establish the occurrence of the in-service personal traumatic event(s) or to allow for further research or development to establish the claimed stressor:

  • statement(s) or other evidence from the Veteran that identifies the type of traumatic event(s) claimed (MST or non-sexual personal trauma)
  • a brief description of the traumatic event(s) (for example, mugged or sexually assaulted)
  • location of the traumatic event(s) and/or Veteran’s unit of assignment at the time, and
  • approximate date(s) of the traumatic event(s).

Important

  • Do not request completion of VA Form 21-0781 or otherwise develop further to the Veteran for the details described above if sufficient information is available in the evidence of record. 
  • Personal traumatic events can be researched based on information found in
    • VA Form 21-0781
    • lay statements
    • military records, or
    • medical records or statements made to an examiner.

Notes:

  • Regarding the location and/or unit assignment at the time of the personal traumatic event(s), information should be sufficient to identify the potential base or installation where the Veteran was assigned at the time of the event.  This is particularly important when the Veteran filed a report of the event and development for the report is necessary.
  • Exact dates are not needed and there is no minimum time frame that must be provided for personal trauma stressors.  It is only necessary that there be enough information to allow for
    • research or development to establish the occurrence of the personal traumatic event(s), or
    • identification of markers or behavioral changes around the time of, and after, the event, if the evidence is otherwise insufficient to establish the claimed in-service personal traumatic event(s).

VIII.iv.1.B.2.c.  Procedure for Reviewing for Credible Evidence of a Personal Trauma Stressor

 

The Secretary has undertaken a special obligation to assist a claimant in producing corroborating evidence of an in-service stressor in claims based on personal trauma per Patton v. West, 12 Vet. App. 272 (1999).  In view of this special obligation, it is critical to

  • make all required efforts to obtain evidence of personal trauma, and
  • consider all available evidence bearing on the question of whether the personal traumatic event(s) occurred.

Follow the steps in the table below to determine if there is credible supporting evidence of a personal trauma stressor.

 

Step

Action

Reference(s)

1

Ensure all service treatment records (STRs) and the entire personnel folder for all periods of service have been obtained or documented as unavailable with a final notification letter.

 

Note:  If there is an indication of mental health treatment during service, ensure clinical records have been obtained as directed in M21-1, Part III, Subpart i, 2.E.1.e and M21-1, Part III, Subpart ii, 2.C.1.d.

For more information on

2

Was VA Form 21-0781, or equivalent information submitted? 

  • If yes, go to the next step.
  • If no,
    • send a subsequent development letter using the PTSD—Need stressor details/med evid personal trauma incdnt VBMS development paragraph to request completion of VA Form 21-0781
    • wait 30 days, and
    • go to the next step.

Note:  Information that is equivalent to VA Form 21-0781 means a statement or other evidence that contains the same types of details regarding the in-service traumatic event(s) that are solicited on VA Form 21-0781, also described in M21-1, Part VIII, Subpart iv, 1.B.2.b.  If this information is provided or available in the evidence of record, do not request completion of VA Form 21-0781

Important:

  • Do not develop to the Veteran for completion of VA Form 21-0781 if the available information or evidence is sufficient to establish the occurrence of the claimed personal traumatic event(s).
  • Only one letter requesting completion of VA Form 21-0781 is required.  Do not send a second development letter requesting completion of VA Form 21-0781 if the Veteran
    • fails to respond to the initial request within 30 days, or
    • submits an incomplete VA Form 21-0781.  (In such case, making another request to the Veteran for completion of VA Form 21-0781 is inappropriate.  However, a development letter to request necessary missing details may be warranted as described in Step 5 of this table, if the available evidence is still insufficient after following applicable guidance in Steps 3 and 4).

For more information on

3

Review service records and any other available evidence of record for supporting documentation of the traumatic event(s).

Is there credible supporting evidence sufficient to establish that the claimed personal traumatic event(s) occurred or that PTSD was diagnosed in service? 

  • If yes,
  • If no, and the claim is based on
    • non-sexual (non-MST) personal trauma, go to Step 5, or
    • MST, go to the next step.

Important

  • Additional development for traumatic event details or further documentation is unnecessary when the evidence of record
    • is sufficient to establish occurrence of the personal traumatic event(s), or
    • shows an initial diagnosis of PTSD in service.
  • Claims for non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303.  If there is sufficient documentary evidence of the in-service event, consider whether a direct medical opinion is necessary. 

For more information on

4

For claims based on MST, follow guidance in the Defense Sexual Assault Incident Database (DSAID) Lookup Tool Standard Operating Procedure (SOP) to determine if data is available for the Veteran and to document the findings.

Did a search of the DSAID Lookup Tool provide data for the Veteran?

  • If yes,
  • If no, go to the next step.

Important

  • Only certain designated MST claims processors have access to the DSAID Lookup Tool.
  • A search of the DSAID Lookup Tool is not necessary when
    • the MST event is otherwise documented
    • documentation from the DSAID Lookup Tool was previously received
    • the request is otherwise futile, or
    • SC has previously been established for the specific condition at issue.

For more information on the DSAID Lookup Tool, see the DSAID Lookup Tool SOP.

5

If the existing evidence is not sufficient to establish occurrence of the claimed personal traumatic event(s), did the Veteran provide a sufficiently detailed account of the personal traumatic event(s) on VA Form 21-0781, or within a statement or other evidence, to allow for additional research of the stressor?

  • If yes, and the claim is based on
    • non-sexual (non-MST) personal trauma, go to Step 7, or
    • MST, go to the next step.
  • If no,
    • send a subsequent development letter using the PTSD—Follow Up for Stressor Details VBMS development paragraph asking the Veteran to provide the necessary missing details
    • wait 30 days, and
    • if the claim is based on
      • non-sexual (non-MST) personal trauma, go to Step 7, or
      • MST, go to the next step.

Important:

  • Only one letter requesting missing details is required.  Do not send a second development letter to request missing details if the Veteran
    • fails to respond to the initial request within 30 days
    • responds that they do not have or remember the information requested, or
    • submits insufficient information in response to the initial request for missing details.
  • Do not request the Veteran to provide additional details of the personal traumatic event(s) if the evidence of record, to include lay statements and treatment records, allows a conclusion as to the necessary details.

Example:  The Veteran reported an in-service traumatic event of being sexually assaulted during bootcamp.  Although the Veteran did not specify a location or time frame of the event, service personnel records show the Veteran attended bootcamp in September 2004 at Parris Island, South Carolina.  As the location and time frame are ascertainable from the evidence of record, development to the Veteran requesting further information about the date(s), location, and/or unit assignment is not necessary or appropriate.  

For more information on

6

For claims based on MST, follow the applicable procedures in M21-1, Part VIII, Subpart iv, 1.B.3.d and e regarding reports or complaints filed with a military or DoD entity.

After reasonable efforts to complete the applicable development outlined in M21-1, Part VIII, Subpart iv, 1.B.3.d and e, was a copy of the DoD MST report or complaint or other evidence sufficient to establish the occurrence of the in-service MST event(s) received?

Important:  Do not develop to the Veteran or DoD for a restricted or unrestricted report or complaint of an MST event(s) if the

  • evidence of record is sufficient to establish the occurrence of the in-service personal traumatic event(s), or
  • Veteran clearly indicates an MST report or complaint was not filed with a military or DoD entity.  However, in this instance, the DSAID Lookup Tool should still be searched, if warranted as described in the DSAID Lookup Tool SOP and Step 4 above.  

For more information on DoD reporting procedures following MST events, see M21-1, Part VIII, Subpart iv, 1.B.3.

7

If the existing evidence is not sufficient to establish occurrence of the claimed personal traumatic event(s), obtain any relevant alternative sources of evidence identified by the Veteran.

 

Do alternative sources of evidence contain credible supporting evidence sufficient to establish that the claimed personal traumatic event(s) occurred?

Notes

  • Claims for non-PTSD diagnoses must be adjudicated under the general SC provisions of 38 CFR 3.303.  If there is sufficient documentary evidence of the in-service event, consider whether a direct medical opinion is necessary.
  • When the identified alternative source of evidence is another Veteran who has records in VBMS that may reasonably support the claim under review, follow guidance in M21-1, Part III, Subpart i, 2.C.2.d regarding duty to assist in obtaining third-party records.  Note that authorization to disclose the relevant portions of such records to the Veteran is required.  The VA Office of General Counsel concluded in VAOPGCPREC 5-2014 that VA has no authority under the Privacy Act to disclose to a claimant records maintained by VA regarding another individual, except upon the written consent of the person to whom the records pertain or upon receipt of a court order directing the disclosure.

For more information on

8

Did the Veteran indicate that the personal traumatic event(s) was/were disclosed to friends or family, or that friends or family observed behavioral changes or reactions of the Veteran?

  • If yes,
    • send a development letter informing the Veteran that buddy statements, lay statements, and witness testimony can be used to support their claim
    • allow 30 days for receipt of supporting statements, and
    • go to the next step.
  • If no, go to the next step.

Note:  If statement(s) from the indicated friends or family members is/are already of record, further development to the Veteran for such statement(s) is not necessary. 

Important:  Written statements received from individuals in support of a claim must be signed.  If a statement is received that is not signed and it is material to a favorable decision on the claim, VA’s duty to assist requires claims processors to inform the Veteran of the uncertified testimony.

For more information on

9

Is the claimed or diagnosed condition PTSD?

  • If yes, go to the next step.
  • If no,
    • complete all other development required for the claim, and
    • refer the claim to the rating activity.

For more information on considering SC for non-PTSD conditions related to a traumatic event in service, see

10

If the claimed or diagnosed condition is PTSD and the existing evidence is not sufficient to establish occurrence of the claimed personal traumatic event(s) after completing all previous steps in this table, then review records for evidence of behavioral changes around the time of, and after, the personal traumatic event(s), which may constitute a marker of a personal trauma PTSD stressor.

Is there evidence that constitutes a potential marker? 

  • If yes,
  • If no,
    • complete all other development required for the claim, and
    • refer the claim to the rating activity.

Notes

  • Behavioral changes after a personal traumatic event(s) can occur during, or any time after, the Veteran’s military service.  Post-service behavioral changes may be considered potential markers if they can reasonably be associated with the claimed in-service personal traumatic event(s).
  • Generally, a complex medical opinion review is only required when the in-service personal traumatic event(s) cannot be corroborated without reliance on clinical interpretation of evidence of behavioral changes, or markers, following the traumatic event(s).  The development activity should work closely with the rating activity to determine need for complex medical opinions on a case-by-case basis.  

For more information on

VIII.iv.1.B.2.d. Development to Identify the Records Custodian in Claims Based on Personal Trauma

 

When the Veteran indicates a personal traumatic event was reported or a complaint was made, or that an investigation was conducted, development may be needed to identify the appropriate records custodian.  VA has a duty to assist in

  • obtaining information from the Veteran to identify the custodian of the indicated records, and
  • attempting to obtain the records from the identified custodian by following the applicable procedures for requesting Federal or non-Federal records.

Important:  If the claim is based on MST and the Veteran indicates a report or complaint was filed with a military or DoD entity, follow applicable procedures in M21-1, Part VIII, Subpart iv, 1.B.3.d and e.

 

Notes:

  • When requesting additional information, the development activity should
    • use appropriate VBMS development paragraphs, as applicable to the particular facts of the claim, and
    • attempt and document e-mail and/or telephone development, as warranted, to adequately identify the records custodian and ascertain appropriate procedures for requesting records from the identified custodian.
  • If a records custodian provides a response that records have been transferred to or are available from a different entity, claims processors must request the records from the newly identified records custodian.
  • Development to the Veteran for further information and/or records should be ceased when the
    • requested information or records have been received
    • appropriate suspense date for the request has expired
    • Veteran has responded that they do not have or remember the information requested, and/or
    • Veteran fails to
      • respond to a request for information, or
      • adequately identify a Federal or non-Federal entity that may have supporting evidence.

References:  For more information on

VIII.iv.1.B.2.e.  Required Information in MST Claims Development Letters

 

When writing a letter to obtain information from the Veteran regarding a claim based on MST, ensure the development letter includes the MST – Important Information VBMS development paragraph.

Note:  The MST – Important Information paragraph informs Veterans of different sources of support they may access during or after the claims process, including the availability of free treatment for mental and physical health conditions related to experiences of MST. 

Important:  Letters and VBMS development paragraphs used to solicit details concerning a combat-related stressful event are inappropriate for claims based on personal trauma.

VIII.iv.1.B.2.f.  Obtaining Police Reports in Claims Based on Personal Trauma

 

In certain cases, the Veteran may identify a police or other law enforcement report(s) as a relevant alternative source of evidence.  If the report is not already part of the available military or other records, obtain the report(s), as appropriate, from

  • military police
  • shore patrol
  • a provost marshal’s office, or
  • other military or civilian law enforcement offices. 

Notes:  

  • Requests may be submitted via phone, fax, e-mail, or written correspondence, as long as the request is properly documented in the claims folder.
  • If evidence is requested from a Federal entity and a negative response is received or the Federal entity fails to respond, notify the claimant of the unavailability of these Federal records by sending a final notification letter, as discussed in M21-1, Part III, Subpart ii, 1.A.1.g.

Reference:  For more information on alternative sources of evidence, see M21-1, Part VIII, Subpart iv, 1.E.1.c.

VIII.iv.1.B.2.g. Personal Trauma or MST Stressors and the MRRC

 

Provided all applicable developmental efforts described in this topic have been undertaken, the regional office (RO) Research Coordinator need not routinely be involved in the development of claims based on personal trauma or MST.  However, when the circumstances of the described event are of a nature that would otherwise warrant Military Records Research Center (MRRC) research, the claim should be referred to the RO Research Coordinator for review of the evidence and possible request for verification of the stressor, per M21-1, Part VIII, Subpart iv, 1.A.4.b and c.

  

Reference:  For more information on when to refer a claim to an RO Research Coordinator, see M21-1, Part VIII, Subpart iv, 1.A.3.q.

3. DoD Reports Regarding MST Events

Introduction

 

This topic contains information on DoD reports regarding MST events, including

Change Date

 

December 16, 2024

VIII.iv.1.B.3.a. DoD Offices Responsible for Handling MST Reports and Complaints

 

DoD has three offices responsible for policy related to sexual assault, sexual abuse, and sexual harassment.  Each branch of service may execute policy requirements differently, making standardization across all types of sexual trauma challenging.

The table below describes the types of cases each office handles.

Type of Case

DoD Office Responsible

Non-intimate partner sexual assault cases

Sexual Assault Prevention and Response Office (SAPRO)

Intimate partner sexual abuse cases

Family Advocacy Program (FAP)

Sexual harassment cases

Military Equal Opportunity (MEO) Program/Army Sexual Harassment/Assault Response and Prevention (SHARP) Program

     

VIII.iv.1.B.3.b.  DoD’s Reporting Procedures Following MST Events Involving Sexual Assault and Sexual Abuse

 

DoD offers two reporting options for MST events involving sexual assault and sexual abuse, restricted and unrestricted. 

Restricted reporting allows a service member to confidentially file a formal report and receive medical care and supportive services, without notifying command or law enforcement or initiating the investigative process.

Unrestricted reporting allows a service member to file a formal report and receive medical care and supportive services, with notification to command and law enforcement, which will initiate the investigative process.

Following an MST event involving sexual assault, a service member may elect one of these reporting options by completing DD Form 2910, Victim Reporting Preference Statement.

Following an MST event involving intimate partner sexual abuse, a service member may elect either the restricted or unrestricted reporting option by completing DD Form 2967, Domestic Abuse Reporting Option Statement.  

The service member may also elect an optional sexual assault forensic examination (SAFE), which is performed by a health care provider and is documented on DD Form 2911, Forensic Medical Report: Sexual Assault Examination.

  • DD Form 2911 also allows the service member to elect one of the two reporting options. 
  • DoD may not provide VA with a copy of DD Form 2911 itself, but DoD may provide treatment records equivalent to the SAFE instead.  If such records are received documenting the MST event, no further development to DoD or the Veteran is necessary.

Note:  DoD may have used other forms prior to the issuance of DD Form 2910.  For example, the Department of the Navy used the form NAVPERS 1752/1, Sexual Assault Incident Data Collection Report.

References:  For more information on

VIII.iv.1.B.3.c.  DoD’s Reporting Procedures Following MST Events Involving Sexual Harassment

 

For service members who experienced sexual harassment during service, DoD does not offer the MST restricted and unrestricted reporting options described above.  However, DoD’s MEO/Army SHARP Program provides three complaint options and one reporting option.

The table below describes the complaint and reporting options provided to service members who experience sexual harassment.

Notes

  • Each branch of service has different forms and documentation processes for sexual harassment cases, which vary depending on the type of complaint or report made by the service member.
  • If the Veteran’s claimed personal traumatic event is based on sexual harassment, follow applicable procedures in M21-1, Part VIII, Subpart iv, 1.B.3.d and e to develop for the report or complaint, as necessary.  However, the specific means of development to DoD for a sexual harassment report or complaint may vary depending on the branch of service and/or the office where the report or complaint was filed.  Telephone contact with the base or other duty location and/or the applicable MEO/SHARP office may be necessary to determine the appropriate method for requesting these records. 

Complaint/Report Option

Description

Formal complaint

  • Allows a service member to make an allegation, in writing, to the staff designated to receive such complaints.
  • Additionally, an informal complaint may be processed as a formal complaint if the commanding officer or other person in charge of the organization has determined an investigation is warranted.

Informal complaint

  • Allows a service member to make an allegation, either orally or in writing, that is not processed or resolved as a formal complaint, through the office designated to receive harassment complaints.
  • The allegation may be submitted to a person in a position of authority within or outside the service member’s organization.

Anonymous complaint

Allows a service member to make a complaint or allegation of harassment, in which

  • the individual is not required to divulge any personally identifiable information, and
  • a commanding officer or supervisor will receive the complaint from an unidentified source, regardless of the means of transmission.

Confidential report

  • Allows a service member to confidentially report a situation to designated personnel, who can be individuals or offices outside the immediate chain of command.
  • An investigation is not triggered, and the chain of command is not notified without the individual’s consent.

    

VIII.iv.1.B.3.d. Developing to the Veteran for DoD MST Reports

 

Use the table below to determine what development is needed to the Veteran for DoD MST reports or complaints.

Exception:  If sufficient evidence to establish the occurrence of the in-service MST event(s) is already of record, do not undertake any of the development actions described in the table below. 

Note: Prior to developing to the Veteran or DoD for an in-service MST report, MST claims processors should access the DSAID Lookup Tool to determine if data is found for an MST report.  If data is found, further development to establish the occurrence of an in-service MST event is not necessary.

If the Veteran …

Then …

provided the original or a copy of the MST report or complaint that

  • includes signatures from the applicable DoD officials at the time of filing, and
  • otherwise appears legitimate

no further development is needed.

clearly indicated an MST report or complaint was not filed

  • do not undertake any further development described in this topic, and
  • continue to review the claim for credible supporting evidence of the in-service MST event(s) in accordance with the procedures in M21-1, VIII, Subpart iv, 1.B.2.c.
  • did not indicate whether an MST report or complaint was filed, or
  • indicated an MST report was filed, but
    • the Veteran did not identify the type of report filed, and/or
    • it is unclear whether the Veteran completed a restricted or unrestricted MST report
  • send a subsequent development letter using the MST – Restricted Report VBMS development paragraph
  • allow 30 days for a response, and
  • take the next appropriate action depending on the response received from the Veteran.

Note:  If the Veteran fails to respond within 30 days

  • do not send a second letter requesting the same information, and
  • continue to review the claim for credible supporting evidence of the in-service MST event(s) in accordance with the procedures in M21-1, VIII, Subpart iv, 1.B.2.c.

indicated a restricted MST report was filed

  • send a subsequent development letter using the MST – Restricted Report VBMS development paragraph
  • allow 30 days for a response, and
  • take the next appropriate action depending on the response received from the Veteran.

Note:  If the Veteran fails to respond within 30 days

  • do not send a second letter requesting the same information, and
  • continue to review the claim for credible supporting evidence of the in-service MST event(s) in accordance with the procedures in M21-1, VIII, Subpart iv, 1.B.2.c.

indicated an unrestricted MST report was filed

follow the procedures in M21-1, Part VIII, Subpart iv, 1.B.3.e to develop for the report from DoD.

Note:  Do not develop to the Veteran for completion of VA Form 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs (VA), as this form is not required for an unrestricted MST report. 

Important:  If the Veteran, in response to a subsequent development letter sent as described in the table above,

  • submits a completed VA Form 21-4142 for a restricted MST report filed with DoD, follow the procedures in M21-1, Part VIII, Subpart iv, 1.B.3.e, or
  • fails to respond to the letter or provides a copy of the report or other information sufficient to establish occurrence of the in-service MST event(s), further development is not necessary to either DoD or the Veteran for an MST report or complaint. 

References:  For more information on

VIII.iv.1.B.3.e.  Developing to DoD in Claims Based on MST

 

Initiate development to DoD

  • when the Veteran indicates the MST report was unrestricted, or
  • upon receipt of VA Form 21-4142 for a restricted MST report filed with DoD.

Follow the steps in the table below when requesting an MST report from DoD.

Exceptions:  Do not develop to DoD for an MST report if the

  • DSAID Lookup Tool provides data
  • Veteran submitted the original or a copy of the report or complaint tha
    • includes signatures from the applicable DoD officials at the time of filing, and
    • otherwise appears legitimate
  • Veteran identified an entity outside of DoD as the custodian of the record, or
  • evidence otherwise establishes the occurrence of the in-service MST event(s).

Step

Action

1

Use the following link to search for the MST units at each branch of service:

 

https://www.safehelpline.org/

 

Notes:

  • Utilize the search function on the webpage and input the city or military installation to find the contact information for the Sexual Assault Response Coordinator (SARC).  The results provide unit and phone number. 
  • Telephone contact to the unit will be necessary to obtain addresses or fax information to send requests for information.
  • For MST events involving sexual abuse or sexual harassment, telephone contact with the appropriate FAP or MEO/SHARP office may be necessary instead.

Important:  If telephone contact with the SARC or other applicable official is

2

Send the MST DoD Letter to the SAPRO or other applicable office at the base or other duty location at which the MST event is reported to have occurred.  Edit the letter text as necessary to reflect the specific circumstances of the claim.

Important:  If the Veteran indicated the report is restricted, attach the completed VA Form 21-4142 with the signature page.  VA Form 21-4142a, General Release for Medical Provider Information to the Department Of Veterans Affairs (VA), does not need to be included in the letter to the SAPRO or other applicable DoD office.

3

Send the Veteran notice of the records request using the MST Unrestricted Report VBMS development paragraph.

Note:  Even when developing to DoD for a restricted report, it is important to use the MST Unrestricted Report VBMS paragraph in the subsequent development letter to the Veteran because this paragraph contains language notifying the Veteran that VA is requesting the records from DoD.

4

Did VA receive a response from DoD within 30 days? 

  • If yes, go to the next step.
  • If no,
    • send a follow-up letter to the appropriate base or other duty location
    • establish a 15-day control
    • notify the Veteran of the delay in obtaining the records, and
    • ask the Veteran to submit any restricted or unrestricted records that they have in their possession.

5

Did DoD provide the requested report? 

Important:

  • If DoD or the Veteran identifies another third-party source as the custodian of the requested records, reasonable efforts should be made to obtain records from the identified source.
  • If DoD provides a negative response or fails to respond to VA’s reasonable efforts described above, notify the claimant of the unavailability of these Federal records by sending a final notification letter, as discussed in M21-1, Part III, Subpart ii, 1.A.1.g.