4.4.3 Service Contributed to or Aggravated a Pre-existing Injury or Disease
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
Pre existing injury or disease may be accepted as defence-caused
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
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.
Types of service
Service requirements for veterans
Section 8(5) VEA - War-caused death
Section 9(6) (b) VEA - War-caused injuries or diseases
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.
Types of service
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/443-service-contributed-or-aggravated-pre-existing-injury-or-disease