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6.3 Above General Rate Disability Pensions - Several Accepted Conditions

In calculating a notional assessment in respect of an AGR pension, all aspects of the AGR determination must be taken into account.  It is important to determine whether the incapacity from the compensable condition has played a significant role in the veteran ceasing to engage in their normal remunerative work.  The question to pose is - Would the veteran/member still have been granted the AGR pension if the incapacity from the compensable condition was not included in the assessment?  In answering this question consider that the veteran is suffering from the incapacity, but it is the result of a non-accepted condition.

Section 24(1)(a) - If on completing the general rate notional assessment, it is found the veteran/member would not be assessed as being eligible for at least 70% of the General Rate, the answer to the above question would be NO.  The notional assessment would be the special rate less the General Rate assessed excluding the compensable condition.  For example, Special Rate less 60% rate.

Section 24(1) (b) or (c) These tests must also be applied if the veteran/member continues to satisfy s24(1)(a) ie assessed as eligible for at least 70% of the General Rate, excluding the compensable condition.

If it is concluded that the AGR would still be payable on the exclusion of the impairment from the compensable condition, then the notional assessment is NIL.  That is, the disability pension paid in respect of the incapacity for the compensable condition is negligible.

If it is concluded that the rate of pension would not be payable at the AGR, the notional assessment is the AGR less the General Rate assessed under GARP, excluding the compensable condition.  For example, Special Rate less 90% rate.

The following steps demonstrate the method of establishing the notional assessment for a case where pension is assessed at the Special Rate.

 

STEPS

EXAMPLE

Step 1 - Calculate a combined medical impairment rating to be awarded excluding the points for each compensable condition, using Chapter 18 of GARP.

 

Step 2 - Adopt the highest lifestyle rating in the shaded area in Chapter 23 of GARP for this level of medical impairment.

 

Step 3 - Convert to a degree of incapacity according to GARP.

 

Step 4 - Consider the tests in section [glossary:24(1) (b) and (c) to establish whether the AGR would be payable but for each compensable condition.

 

Step 5 - Assess the level of disability pension payable excluding the compensable condition.

 

Step 6 - Subtract the pension rate established at step 5 from the AGR dollar amount.  This is maximum amount available for offsetting.

Step 1 - Impairment points awarded were, 27,15,10,5,5,2. Exclude the 15, awarded for the compensable condition.  Combined impairment =  40 points.

 

Step 2 - 40 attracts 3 lifestyle points in the higher of the shaded area or the conversion table in Chapter 23 of GARP.

 

Step 3 - 40 and 3 combine to a degree of incapacity of 70.

 

Step 4 - The compensable condition was a significant factor in the veteran ceasing to engage in remunerative work.

 

 

Step 5 - 70% disability pension is the rate payable excluding the compensable condition.

 

Step 6 - Subtract the current 70% rate from the current Special Rate.  This is the maximum amount available for offsetting.

 

 

The portion of the disability pension paid in respect of the compensable condition.

A condition for which compensation has been paid from a source other than the VEA.

A condition for which compensation has been paid from a source other than the VEA.

Guide to the Assessment of Rates of Veterans' Pensions.