Article

Military Sexual Trauma Survivors’ Second Battle

Eleanor T. Morales

Assistant Clinical Professor of Law at Wake Forest University School of Law.

The author has had the honor of representing several Military Sexual Trauma survivors in her capacity as Director of the Veterans Legal Clinic at Wake Law. This Article is dedicated to those clinic clients. I am incredibly grateful to Alyse Bertenthal, John W. Brooker, Meghan Brooks, Yelena Duterte, Elizabeth G. Kubala, Dana Montalto, Rebecca Morrow, Sidney A. Shapiro, and Ronald Wright for their thoughtful feedback. Many thanks to Emily Norris for excellent research assistance.

30 Jul 2026

Service members face an increased risk of sexual assault and harassment in the U.S. military when compared to American civilian society. Yet, Congress recently dialed back its efforts to help military sexual trauma (MST) survivors. Congress cut access to Department of Veterans Affairs (VA) health care for a subset of MST survivors—those who receive bad discharges. In doing so, Congress failed to appreciate the link between a survivor’s trauma and how that trauma can manifest—often as misconduct resulting in a less than honorable discharge.

This Article is the first to shine a spotlight on the overlooked second battle that MST survivors must fight in gaining VA health care eligibility for their trauma-induced conditions. This Article not only highlights the less well-known history of VA eligibility rules for MST survivors, but it also proposes practical solutions to ensure VA health care access to all MST survivors, thereby ending the second battle they should never have been forced to fight.

To read this Article, please click here: Military Sexual Trauma Survivors’ Second Battle