Letter to Barack Obama, President of the United States - Veterans Suffering Post Traumatic Stress Disorder as Result of Military Sexual Violence

Letter

Dear Mr. President:

We write to draw your attention to the disparity between the success rates of disability claims for post-traumatic stress disorder (PTSD) arising from military sexual trauma and claims for PTSD caused by other stressors. In particular, we urge your administration to reconsider the Department of Veterans Affairs' (VA) recent denial of a petition to promulgate a rule governing disability compensation for mental health conditions incurred as a result of military sexual trauma.

This Congress, we've seen a committed bipartisan effort to end sexual violence in the military and ensure the safety of servicemembers. While more must be done to prevent and respond to these horrific crimes, we have taken important steps that will increase access to justice for survivors and expand resources for members of the Armed Forces. However, shortfalls in the system remain. The psychological effects of sexual violence persist long after a servicemember has left active duty, and many cases of sexual assault do not produce the same evidence or documentation as other traumatic events experienced by military personnel. We believe current VA standards regarding evidence required to prove an occurrence of military sexual trauma fail to sufficiently take these basic facts into account when determining eligibility for benefits and services for survivors of military sexual trauma. Furthermore, recent investigations and reports have substantiated concerns that VA adjudicators are not accurately and consistently applying VA regulations regarding the evidence required for a finding of military sexual trauma. As a result, adjudicators are disproportionately denying PTSD claims related to military sexual trauma.

While we commend many VA actions to address the issue thus far, including increased training and guidance for claim adjudicators, a June 2014 report from the Government Accountability Office (GAO) indicates the need for a stronger response. Specifically, GAO found that approval ratings for military sexual trauma-related claims still vary significantly among regional VA offices, which -- despite the increased training -- was attributed, in part, on adjudicators' high degree of discretion under current standards, and their resulting variances in interpretation and understanding of the evidentiary thresholds for providing a positive opinion about the occurrence of a military sexual trauma incident (GAO-14-477). "For example, [. . .] hypothetically, two adjudicators could come to opposite conclusions about whether a piece of evidence qualified as a marker (or an indicator supporting the veteran's claim), and both decisions might comply with the VA requirements."

In light of these inconsistencies and for the reasons outlined in the petition for rulemaking filed by The Jerome N. Frank Legal Services Organization at Yale Law School, we believe the Administration should reconsider VA's denial of the petition and apply a more appropriate evidentiary standard to account for the unique circumstances faced by survivors of military sexual violence and ensure consistent application by adjudicators. Acknowledging the current rebuilding process taking place at VA, we believe our request supports the department's renewed commitment to prioritizing veterans' access to health services. Addressing this disparity will ensure more veterans are entered into the system and that our nation's heroes receive the most appropriate care and the disability benefits they were promised.

As always, thank you for your consideration of our request, and we look forward to working with you to secure equal access to care and benefits for all our nation's veterans.

Sincerely,