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126.96.36.199 Liability under MRCA for ‘consequential conditions’ related to an injury accepted under SRCA or VEA
Liability for a ‘consequential’ condition may only be accepted under the SRCA or the VEA where there is no contribution to that condition from the claimant’s MRCA service (e.g. the member develops OA of the knee after 1 July 2004 and had only suffered a knee injury during SRCA service), and following consideration of whether the condition suffered by the claimant constitutes an injury, a disease, an aggravation (i.e. of either an injury or a disease), or a sequela to another injury or disease. Each of these different classifications has significance for its administration under the appropriate Act.
Liability for a disease with a clinical onset date on or after 1 July 2004 where there was any contribution by the claimant’s MRCA service, must be considered under the MRCA (for example the member develops OA of the knee after 1 July 2004 and had suffered a knee injury during SRCA service and another knee injury during MRCA service) Where the ‘trauma’ factor is being considered, and the trauma occurred during defence service rendered before 1 July 2004, delegates may wish to consider whether another SoP factor applies that either occurred only during the claimant’s period of MRCA defence service, or occurred during defence service before, and on or after, 1 July 2004.