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4.4.3 Service Contributed to or Aggravated a Pre-existing Injury or Disease

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VEA ?

Section 8(1) (e) VEA - War-caused death - veterans

Section 9(1) (e) VEA - War-caused injuries or diseases - veterans

Section 70(5) (d) VEA Member of Peacekeeping Force

Section 70(5A) (d) VEA Member of the Forces

VEA ? (go back)

Pre existing injury or disease may be accepted as defence-caused

    

VEA ?

Section 8(1) (e) VEA - War-caused death - veterans

Section 9(1) (e) VEA - War-caused injuries or diseases - veterans

Section 70(5) (d) VEA Member of Peacekeeping Force

Section 70(5A) (d) VEA Member of the Forces

VEA ? (go back)

A pre-existing injury or disease may be accepted as defence-caused on the grounds that defence service or peacekeeping service materially contributed to, or aggravated the disease or injury.

Meaning of aggravated

For a disease or injury to be accepted as having been aggravated, the condition needs to have been made permanently worse not just become worse temporarily. Some injuries and diseases have recurrent episodes. The fact that one of these episodes occurs during a period of eligible service does not necessarily mean that the condition is worse than it otherwise would have been. It is likely that eligible service has aggravated the condition if the person:

  • sustains further injury during eligible service such that surgical intervention is required, and/or
  • is discharged medically unfit for further service.
Service requirements for serving members

    

A member needs to have had at least six months defence service for an injury or disease to be accepted as defence-caused on the grounds of material contribution or aggravation by defence service or peacekeeping service. However, if the member has rendered hazardous service, the six months minimum period of defence service or peacekeeping service does not apply.    

Service requirements for veterans

    

VEA ?

Section 8(5) VEA - War-caused death

Section 9(6) (b) VEA - War-caused injuries or diseases

VEA ? (go back)

For veterans who did not render operational service, the eligible war service which contributed to the injury or disease or which aggravated the injury or the disease needs to have been for a period of six months or longer. If a veteran has rendered operational service, the six months minimum period of eligible war service does not apply.    


According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:

  • a disease, or
  • the aggravation of a physical or mental injury.

According to subsection 5D(1), disease means:

  • any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
  • the recurrence of such an ailment, disorder, defect or morbid condition,

but does not include:

  • the aggravation of such an ailment, disorder, defect or morbid condition, or
  • a temporary departure from:

the normal physiological state, or

the accepted ranges of physiological or biochemical measures,

that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).

According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:

  • any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
  •       any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.

 

 

According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:

  • any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
  •       any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.

 

 

According to subsection 120(7) of the VEA, Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.

 

Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.

 

 

According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:

  • any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
  •       any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.

 

 

Operational service is generally service performed:

  • outside Australia,
  • during war like operations in which Australian Defence Forces were involved, and
  • in areas where the incurred level of risk is considered above that of normal peacetime conditions.

Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.

Eligible war service is:

  •  operational service, or
  •  continuous full-time service (not being operational service) as a member of the Australian Defence Force (ADF) during World War 1, or
  •  continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
  •  continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
  •  been employed on a ship as an Australian Mariner during World War 2, to 29 October 1945.

Section 7 of the VEA provides a full definition of eligible war service.