Military sexual trauma (MST) claims are governed by special evidentiary rules under 38 CFR 3.304(f)(5), which recognize that MST is often underreported and that direct proof (like a report to law enforcement) may not exist. Because of this, VA is required to consider "markers" — indirect evidence such as changes in performance, requests for transfer, substance use, mental health treatment records, or statements from friends and family — as sufficient corroboration, even without an official investigation record. If you filed an unrestricted report and there was a court-martial, that is direct, strong evidence of an in-service stressor, and it should have been weighed heavily regardless of what the Defense Sexual Assault Incident Database search returned. A negative database search alone is not supposed to be treated as proof the event didn't happen.
If your denial letter shows VA relied primarily on the database search and did not fully credit your service treatment records, court-martial documentation, or years of private treatment, you have grounds to challenge the decision. You generally have three appeal paths under the Appeals Modernization Act: a Supplemental Claim (VA Form 20-0995) if you have new and relevant evidence, such as a fuller statement, additional treatment records, or a private psychological evaluation with a formal diagnosis; a Higher-Level Review (VA Form 20-0996) if you believe the existing evidence was misapplied or the C&P exam was inadequate, since no new evidence is submitted at that stage; or a Notice of Disagreement to the Board of Veterans' Appeals (VA Form 10182) for a more formal review, including the option of a hearing.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Does your rating decision hold up under a real audit?
Upload your decision letter and C&P exams — VetAid's analyzer reads the full file, checks every examiner statement word-for-word against your records, and shows which arguments for a higher rating actually hold. Free, and we never take a cut of your back pay.
Analyze my claim free →A poorly conducted or seemingly dismissive C&P exam is a recognized basis to request a new exam, particularly if the examiner did not address the required MST markers or did not have full access to service records. A Veterans Service Organization or accredited claims agent can help identify whether the exam report itself was inadequate under 38 CFR 4.2.
In the appealed PTSD and service-connection decisions in VetAid's library, denials are vacated or remanded far more often than they are outright affirmed, though these figures reflect only cases that were already appealed, not typical initial outcomes, and are not a prediction for any individual claim.
As a next step, request your full C&P exam report and claims file (C-file), and consult an accredited VSO or attorney to determine whether a Higher-Level Review or Supplemental Claim with additional buddy statements and treatment records is the stronger path forward.
Need a deeper analysis?
Our AI checks your situation against outcome data from 1,300,000+ Board of Veterans' Appeals (BVA) decisions (2009–2025).
Analyze Your Claim Free