Military Sexual Assault Victims Could Get Disability Benefits

It is far too common for sexual assault to be a thing in the U.S. military. It has been an increasing trend over the years. The memory of the assault can haunt the victim for years. Legislators are deciding whether or not to provide disability benefits to sexual assault victims.

Victims of military sexual assault could be eligible for tens of thousands of dollars in retroactive disability benefits under a proposal being unveiled by pair of House lawmakers this week.

The measure is unlikely to become law this year, given the short legislative schedule left before the end of December.

But bill sponsors say they hope to either find a way to fast-track the measure or use it as the basis for similar legislation at the start of the next congressional session, where the idea could be advanced as part of more comprehensive military or veterans legislation.

Under current rules, veterans who file disability claims within a year of leaving the service can receive benefits retroactive to their date of separation. Individuals who file after that can receive benefits starting with the day they file their case.

However, in cases of military sexual assault, victims may need multiple years to feel comfortable enough with the Department of Veterans Affairs to talk about their trauma and seek benefits, Carbajal said. That means they miss out on months and months of disability benefits payouts.

The new legislation, which Carbajal is sponsoring with Rep. Don Bacon, R-Neb., would provide benefits back to the date of separation for individuals who are awarded disability payouts for injuries stemming from sexual trauma while still serving.

Paul Crespo