Ch 12 Transitional Provisions
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions
12.1 Overview
Please Note
Legislative changes which commenced on 1 July 2026 have impacted the information contained in this section.
From this date, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) were closed to new claims, and the Military Rehabilitation and Compensation Act 2004 (MRCA) became the single Act providing coverage for veterans, regardless of service.
Claims received prior to 1 July 2026 will continue to be considered under the legislation which the claim was submitted.
For claims involving death, entitlements from 1 July 2026 may vary depending on when the veteran died, when the claim for death was lodged, whether compensation has already been paid in connection with the veteran’s death and whether certain ‘automatic grant’ categories under the VEA apply.
This chapter provides delegates with information regarding the transitional provisions contained within the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (the CTPA).
The transitional provisions clarify the interaction between the MRCA, the VEA and the DRCA.
The purpose of the transitional provisions is to prevent anomalies and dual entitlements for people receiving, or eligible to claim, benefits under the MRCA and the VEA and/or the DRCA.
However, effective 1 July 2026, section 7 of the CTPA was amended to give effect to a new ‘single-Act’ model of compensation which results in the MRCA applying to all injuries, diseases and deaths for claims lodged from that date irrespective of whether that service occurred before or after the MRCA commencement date. This also applies to aggravations and material contributions to injuries or diseases and for injuries, diseases and deaths which result from ADF or other Commonwealth-funded treatment, as well as for loss or damage to medical aids.
Further amendments to section 12 of the CTPA from 1 July 2026 give effect to new arrangements for the interaction between certain entitlements including Permanent Impairment (PI) compensation under the DRCA, Disability Compensation Payments under the VEA, incapacity payments under the DRCA, compensation for death and funeral expenses and compensation in respect of medical expenses.
Note that the transitional provisions do not apply to a person whose eligibility for compensation or other benefits arises only under the MRCA.
This chapter is divided into four topics:
- transitional issues relating to liability;
- transitional issues relating to permanent impairment (PI) compensation;
- transitional issues relating to treatment; and
- transitional issues relating to rehabilitation
Source URL: https://clik.dva.gov.au/node/86707
12.2 Liability
Please Note
Legislative changes which commenced on 1 July 2026 have impacted the information contained in this section.
From this date, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) were closed to new claims, and the Military Rehabilitation and Compensation Act 2004 (MRCA) became the single Act providing coverage for veterans, regardless of service.
Claims received prior to 1 July 2026 will continue to be considered under the legislation which the claim was submitted.
For claims involving death, entitlements from 1 July 2026 may vary depending on when the veteran died, when the claim for death was lodged, whether compensation has already been paid in connection with the veteran’s death and whether certain ‘automatic grant’ categories under the VEA apply.
Source URL: https://clik.dva.gov.au/node/86700
12.2.1 Liability
Generally, a claim for the acceptance of liability under the MRCA can be made in respect of:
- clinical onset of a condition (see paragraphs 27(a), 27(b), 27(c), 27(e), and subsection 29(1); and
- aggravation of a pre-existing condition (see paragraph 27(d), subsection 29(2), and section 30.
However, changes effective on 1 July 2026 that were introduced by the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) resulted in a ‘single-Act’ model whereby the MRCA applies to all claims for injuries, diseases and deaths from that date, irrespective of whether that service occurred before or after the MRCA commencement date of 1 July 2004.
Consequently, the transitional provisions only remain relevant to claims that were lodged before 1 July 2026 under the former tri‑Act system, ensuring that a person’s entitlements are preserved, that dual payments do not arise, and that other rules relating to aggravations and/or material contribution across multiple Acts are resolved.
Source URL: https://clik.dva.gov.au/node/86813
12.2.2 Claims for deaths after 1 July 2026
This section explains when a determination of compensation payable on death may proceed without establishing the precise medical cause of death, having regard to transitional arrangements applying to deaths and claims under the VEA, the DRCA and the MRCA post 1 July 2026.
Note this guidance applies only to claims for death-related compensation that require the acceptance of liability. It does not apply to bereavement payments or funeral assistance, which do not require cause of death to be established in all circumstances.
Meaning of ‘automatic grant’ for death claims
Certain death claims can be determined without establishing the cause of death where the deceased veteran met specified eligibility thresholds during their lifetime. These arrangements are referred to as ‘automatic grant’ cases.
These arrangements will continue to apply to the dependants of deceased veterans receiving certain payments under the VEA after 1 July 2026, including:
Ex-prisoners of war,
Extreme Disablement Adjustment (EDA),
Special Rate (TPI & TTI) of Disability Compensation,
Intermediate Rate of Disability Compensation,
Specific disability rate.
Case Scenarios - VEA veterans
VEA veteran died before 1 July 2026 (and a claim is made before 1 July 2026)
Where a veteran died before 1 July 2026 and a claim for death-related compensation was made under the VEA before that date, the claim will continue to be determined under the VEA.
Note - No additional compensation is available under the MRCA if compensation in respect of the death has already been provided under the VEA.
VEA veteran died before 1 July 2026 (and a claim is made on or after 1 July 2026)
Where a VEA veteran died before 1 July 2026 but the claim for death-related compensation is made on or after 1 July 2026, the claim is to be determined under the MRCA.
In these cases:
- Automatic grant entitlements continue to apply, and
- Dependants also have the option to claim under the MRCA.
VEA veteran who died on or after 1 July 2026
Where a VEA veteran died on or after 1 July 2026, the claim is to be determined under the MRCA (and automatic grant provisions will continue to apply).
Case Scenarios - DRCA veterans
DRCA veteran died before 1 July 2026 (and a claim is made before 1 July 2026)
Where a DRCA employee died before 1 July 2026 and a death claim was made before that date, the claim is determined under the DRCA.
Note - No additional compensation is available under the MRCA if compensation in respect of the death has already been provided under the DRCA.
DRCA employee died before 1 July 2026 (and a claim is made on or after 1 July 2026)
Where a DRCA veteran died before 1 July 2026 but the claim for death-related compensation is made on or after 1 July 2026, the claim is to be determined under the MRCA.
DRCA employee died on or after 1 July 2026
Where a DRCA employee died on or after 1 July 2026, the claim is to be determined under the MRCA.
Source URL: https://clik.dva.gov.au/node/86814
12.3 Claims for Clinical Onset
Please Note
Legislative changes which commenced on 1 July 2026 have impacted the information contained in this section.
From this date, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) were closed to new claims, and the Military Rehabilitation and Compensation Act 2004 (MRCA) became the single Act providing coverage for veterans, regardless of service.
Claims received prior to 1 July 2026 will continue to be considered under the legislation which the claim was submitted.
From 1 July 2026, amendments to section 7 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (CTPA) prescribe that the MRCA applies to any new claims for injuries, diseases, deaths, losses and damage after that date, irrespective of an individual’s service. This reflects broader changes to give effect to a ‘single-Act’ compensation model under the MRCA that was introduced by the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act).
Further information regarding clinical onset is contained in Chapter 3.4.4 of the MRCA Policy handbook.
For claims made before 1 July 2026, the MRCA applies in relation to a claim or clinical onset if two criteria are met:
the condition occurred on or after 1 July 2004; and
the condition relates to defence service rendered by the person on or after 1 July 2004.
For claims made before 1 July 2026, both criteria must be met before the MRCA can apply to a claim for clinical onset. The MRCA does not apply to a claim for clinical onset if the condition occurred before 1 July 2004 or if it occurred after 1 July 2004 and the condition only relates to defence service rendered before 1 July 2004.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/123-claims-clinical-onset
12.3.1 Condition occurred on or after 1 July 2004
This page applies for consideration of claims lodged before 1 July 2026. For claims lodged on or after 1 July 2026, the MRCA applies regardless of when the condition occurred.
For claims lodged before 1 July 2026, for the MRCA to apply the condition must occur on or after 1 July 2004. Delegates should use the date of clinical onset as the date a condition occurred (see 3.4.3 of Chapter 3: Liability). Therefore, it will be vital for delegates to establish a date of clinical onset based on the medical evidence, with particular weight given to the specialist medical report (SMR). Assistance can be sought from a Departmental Medical Officer (DMO) if required. If the date of clinical onset is before 1 July 2004 the MRCA does not apply to that condition
Example 1:
On 4 August 2006 a member submits a claim for osteoarthrosis (OA) of the right knee. The member enlisted in the Army in 1995 and is still serving. The delegate confers with the DMO regarding the medical evidence on file and establishes the date of clinical onset to be 11 May 2004, when x-rays were conducted following complaints from the member regarding right knee pain. The MRCA does not apply to the member's condition because the condition occurred before 1 July 2004.
Example 2:
On 30 March 2007 a former member submits a claim for diabetes. The former member enlisted in Army in 1999 and was discharged in December 2005. The former member started suffering symptoms such as excessive urination and excessive thirst, accompanied by weight loss, in August 2005. The former member underwent a diabetes screening test in February 2006 and was diagnosed with diabetes mellitus. After conferring with the DMO, the delegate decides that clinical onset of this condition was in August 2005, when the former member first started displaying symptoms of the condition.
As the date of clinical onset is after the 1 July 2004, the MRCA may apply to this claim, but only if the condition also relates to service rendered on or after the 1 July 2004, as discussed below.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/123-claims-clinical-onset/1231-condition-occurred-or-after-1-july-2004
12.3.2 Condition relates to service on or after the 1 July 2004
This page applies for consideration of claims lodged before 1 July 2026. For claims lodged on or after 1 July 2026, the MRCA applies regardless of when the condition occurred or when the service was rendered that the condition relates to.
For claims lodged prior to 1 July 2026 the condition must relate to defence service rendered on or after 1 July 2004 (see 3.2 of Chapter 3: Liability). However, it is not necessary for the condition to relate solely to defence service rendered on or after 1 July 2004.
The MRCA will also apply to a condition that relates to defence service rendered before 1 July 2004, but only if the condition also relates to defence service rendered on or after 1 July 2004. In other words, the MRCA will apply if clinical onset relates to service before and on or after 1 July 2004. Defence service taken into account can span 1 July 2004 or be rendered during separate periods (including periods of service separated by a period of non-service).
Example 1:
On 19 May 2006 a former member submits a claim for pleural mesothelioma. The former member enlisted in the Royal Australian Navy (RAN) in 1963 and was medically discharged on 14 March 2006. He first began to suffer symptoms such as shortness of breath, coughing and chest pain in around 2005. The condition was diagnosed on 25 November 2005 following a thoracoscopy. The former member claims his condition arose out of exposure to asbestos whilst serving at sea during the 1960s. The delegate determines on the balance of probabilities that the date of clinical onset of pleural mesothelioma was after the 1 July 2004.
Although the former member has rendered defence service after 1 July 2004, defence service after that date does not relate to his condition. Therefore, the MRCA would not apply to the former member's condition because the condition only relates to service rendered before the 1 July 2004.
Example 2:
On 7 October 2005 a former member submits a claim for right rotator cuff syndrome (RCS). The former member enlisted in the Army on 25 April 2002 and was medically discharged on 13 November 2005. The delegate confers with the DMO, and from the service documents establishes the date of clinical onset to be 9 August 2005. The delegate notes the former member contends that his RCS arose out of participation in regular battle training spanning his entire period of service and the evidence on file supports this contention.
The MRCA does apply to the former member's condition because it occurred after the 1 July 2004 and relates to defence service rendered on or after 1 July 2004. It does not matter that condition also relates to defence service rendered before 1 July 2004 – because it related to service rendered both before and on or after 1 July 2004, the MRCA still applies.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/123-claims-clinical-onset/1232-condition-relates-service-or-after-1-july-2004
12.3.3 Claim Forms
The Repatriation Commission has approved the following forms for the purposes of making a claim for the acceptance of liability under section 319 of the MRCA:
- Form D2051 – Claim for Liability and/or Reassessment of Compensation.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/123-claims-clinical-onset/1233-claim-forms
12.4 Claims for Aggravations
Please Note
Legislative changes which commenced on 1 July 2026 have impacted the information contained in this section.
From this date, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) were closed to new claims, and the Military Rehabilitation and Compensation Act 2004 (MRCA) became the single Act providing coverage for veterans, regardless of service.
Claims received prior to 1 July 2026 will continue to be considered under the legislation which the claim was submitted.
In accordance with changes that commenced on 1 July 2026, claims which have previously been accepted under the VEA or DRCA do not have to re-tested under the MRCA. However, any aggravation of a pre-existing condition that is claimed from 1 July 2026 will need to be determined separately under the MRCA, regardless of whether the original condition occurred under the VEA or DRCA.
These arrangements are supported by amendments to subsection 7(2) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 on 1 July 2026 as follows:
7(2) On and after the date of commencement, the MRCA applies to an aggravation of, or a material contribution to, a person’s injury or disease, or a sign or symptom of a person’s injury or disease:
(a) whether the aggravation or material contribution occurs before, on or after that date; and
(b) whether the aggravation or material contribution relates to defence service rendered by the person before, on or after that date.
Refer to Chapter 3.2.7 of the MRCA Policy handbook for further information regarding the acceptance of claims for aggravations under the MRCA.
For claims lodged prior to 1 July 2026
For claims lodged prior to 1 July 2026, Initial liability for a condition cannot be accepted under both the MRCA and the DRCA, or the MRCA and the VEA. This is because the period of service covered by the MRCA does not overlap with those covered by the VEA or DRCA. Further, where an accepted DRCA condition has been aggravated by post-1 July 2004 defence service (ie after the MRCA commencement date), liability for that aggravation may not be accepted under the DRCA. Rather, the aggravation itself, if accepted, becomes a service injury or disease under the MRCA.
Where an accepted VEA condition has been aggravated by MRCA service, different rules apply depending on when the aggravation occurred. In short, there cannot be a MRCA aggravation of a condition under the VEA, except in a limited scenario (see 12.6). While a condition accepted under the DRCA that is aggravated by service after 1 July 2004 may be considered as a MRCA aggravation, where a condition that has been accepted under both the VEA and the DRCA is aggravated by post -1 July 2004 service, it is treated as a VEA Application for Increase (AFI), and the policy set out in 12.6 applies.
This is because the condition, having been accepted under the VEA, requires the application of all the transitional provisions relating to the aggravation of VEA conditions during MRCA service, regardless of the fact that it is also an accepted DRCA condition (see sections 7 and 9 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (Transitional Provisions)). The Transitional Provisions require that a condition accepted under the VEA must be considered as an AFI under the VEA unless a choice was made prior to 1 July 2013 to consider it under the MRCA. As an aggravation of a DRCA condition after 1 July 2004 is considered under section 7(2) of the Transitional Provisions, and section 7(2) is subject to section 9 of the Transitional Provisions (under section (2A)), this means a condition that has been accepted under both the VEA and DRCA that is aggravated by service after 1 July 2004 must be considered as a VEA AFI.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/124-claims-aggravations
12.5 Aggravation of DRCA Conditions
For claims lodged after 1 July 2026, the MRCA applies to any aggravations.
For claims lodged prior to 1 July 2026, under subsection 7(2) of the CTPA, the MRCA applies to a person's claim for aggravation of an accepted DRCA condition if two criteria are met:
the aggravation occurred on or after 1 July 2004; and
- the aggravation relates to service rendered by the person on or after 1 July 2004.
Both criteria must be met before the MRCA can apply to an aggravation of a DRCA condition. The MRCA does not apply to an aggravation of a DRCA condition if the aggravation occurred after 1 July 2004 and the aggravation only relates to defence service rendered before 1 July 2004.
It is important to note that liability for clinical onset of the original condition continues to exist under the DRCA even if the MRCA applies to an aggravation of that condition.
In this part (and relating to claims lodged before 1 July 2026)
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/125-aggravation-srca-conditions
12.5.1 Aggravation occurred on or after 1 July 2004
Note, this page applies only in relation to claims lodged prior to 1 July 2026.
In the case of aggravation of diseases, subsection 4AA of the DRCA specifies that delegates should not use any of the following as the date the aggravation occurred (see subsection 7(4) of the DRCA):
- the day when the employee first sought medical treatment for the aggravation of the disease; or
- the day when the aggravation of the disease resulted in the death of the member;
- the day when the aggravation of the disease first resulted in the incapacity for work of the member;
- the day when the aggravation of the disease first resulted in the impairment of the member.
Instead, delegates should establish, on the balance of probabilities, the date aggravation occurred by reference to the appropriate medical evidence (see 3.4.3 Establishing a diagnosis | CLIK). If this date is before 1 July 2004 the MRCA does not apply to that aggravation.
Example:
On 7 August 2006 a member submits a claim for an aggravation of osteoarthrosis (OA) of the left knee. The member enlisted in the Army in 1999 and continues to serve. Liability for OA was accepted under the SRCA on 23 February 2002. The DMO advises the delegate that the first signs of aggravation of OA was on 21 April 2004, where an x-ray shows a marked deterioration in the member's OA beyond the normal progression of the disease. On the balance of probabilities the delegate determines this to be the date the aggravation occurred, regardless of the date the member first sought medical treatment for the aggravation of her OA, or the aggravation resulted in her incapacity or impairment. Therefore, the MRCA does not apply to this aggravation as it occurred before 1 July 2004.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/125-aggravation-srca-conditions/1251-aggravation-occurred-or-after-1-july-2004
12.5.2 Aggravation relates to service on or after 1 July 2004
Note, this page only applies to claims lodged prior to 1 July 2026.
The aggravation must relate to defence service rendered on or after 1 July 2004 (see 3.2 of Chapter 3: Liability). However, it is not necessary for the aggravation to relate solely to defence service rendered on or after the 1 July 2004. The MRCA will also apply to an aggravation that relates to defence service rendered before the 1 July 2004, but only if the aggravation also relates to defence service rendered on or after 1 July 2004. In other words, the MRCA will apply if the aggravation relates to service before and on or after 1 July 2004. Defence service taken into account can span 1 July 2004 or be rendered during separate periods (including periods of service separated by a period of non-service)..
Example 1:
On 19 May 2006 the member submits a claim for aggravation of chondromalacia patellae (CMP) of the left knee. The member enlisted in the Army in 1998 and is still serving. Liability for CMP was accepted under the DRCA on 18 August 2003. The DMO confirms from the medical evidence on file a further breakdown in the underlying pathology of the member's CMP following clinical onset in 2003. The delegate takes a look at the Repatriation Medical Authority (RMA) Instrument No.34 of 2001 and notes that the only factors relating to the clinical worsening of CMP involve a direct trauma to or abnormal tracking of the patellae, or meniscal damage or permanent ligamentous instability. The delegate reviews all evidence including service medical records looking for evidence that service rendered after 1 July 2004 has aggravated the member's condition. The only evidence is of a trauma on 12 April 2004 when the member fell on her left knee. The delegate decides MRCA does not apply to the member's aggravation because the aggravation only relates to defence service rendered before the 1 July 2004. He phones the member to discuss the matter with her. The member agrees that the claim should be assessed under the DRCA.
Example 2:
On 9 August 2006 a member submits a claim for 'hearing loss' (no diagnosis on claim form). The member enlisted in the Navy on 4 May 1999 and is still serving. The member's claim form contends high noise levels on HMA warships as the cause of his hearing loss. A diagnosis of bilateral sensorineural hearing loss (SNHL) is obtained and the delegate refers the member for an audiogram to confirm a permanent hearing threshold shift of 25 decibels (dB) to confirm the application of RMA Instrument No.30 of 2001. The member has not previously claimed SNHL.
Periodic audiograms contained in the members service and medical documents show a gradual deterioration from about early 2000 to date. As this was the time medical evidence indicates that the member was first suffering symptoms which indicate that SNHL was present, the delegate, after conferring with the DMO, establishes this as the date of clinical onset. An audiogram conducted in March 2004 shows significant deterioration in hearing. Based on this medical evidence, it cannot be said that clinical onset of the member's SNHL occurred after 1 July 2004, or that clinical onset of the member's SNHL relates to service rendered on or after 1 July 2004. Therefore, the MRCA does not apply to any claim for clinical onset of SNHL. Instead, compensation coverage is available under the SRCA (assuming the member has no eligible VEA service) for hearing loss up to March 2004.
An audiogram in September 2004 shows a further deterioration from March 2004. Based on this medical evidence it could be said that an aggravation has occurred after 1 July 2004. Compensation coverage may be available under the MRCA for any hearing loss suffered after March 2004, because this is considered an aggravation which relates to service rendered (before and) on or after 1 July 2004.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/125-aggravation-srca-conditions/1252-aggravation-relates-service-or-after-1-july-2004
12.5.3 Recurrence of DRCA Conditions
This page only applies to claims lodged prior to 1 July 2026.
Under section 5 of the MRCA, a recurrence must be distinguished from an aggravation and is treated as a claim for clinical onset. Therefore, the MRCA applies to a claim where the condition:
- occurs before 1 July 2004 and a full recovery is effected;
- there is a recurrence of the condition on or after 1 July 2004; and
- the recurrence relates to service rendered on or after 1 July 2004.
Although liability under the DRCA can still be accepted for the first occurrence of the condition a claim under that Act would be nugatory in terms of the compensation or benefits that the claimant would receive, as that occurrence of the condition has fully resolved.
The full effects of the current condition are related to the recurrence attributable to MRCA service and that Act applies to any such claim. This action does not preclude liability from being accepted under DRCA for the first occurrence if the claimant so wishes but reflects the fact that compensation and benefits that might be claimed are covered under the MRCA and not the DRCA.
Example:
On 14 September 2006 a member submits a claim for fracture of the right ankle. The member sustained the ankle injury in a parachuting accident in 2002 and continues to serve. After operative and other treatment, she was passed medically Fit for Full Duty on 23 July 2004. However, the member suffers a re-fracture of the same ankle on 28 October 2005 after a new posting in January 2005 when she slipped while cleaning freshwater tanks. While the original condition occurred before 1 July 2004 it had fully resolved prior to 1 July 2004. The effects suffered now are due to a new injury attributable to service after 1 July 2004. Therefore, the MRCA applies to the claim.
Source URL: https://clik.dva.gov.au/node/86708
12.5.4 Claim for clinical onset and aggravation
This page only applies to claims lodged prior to 1 July 2026.
Often, delegates will receive a claim for a condition where:
clinical onset of the condition relates to service rendered solely before 1 July 2004; and
the condition is aggravated on or after 1 July 2004; and
the aggravation relates to defence service rendered on or after 1 July 2004.
In such a scenario both the DRCA and the MRCA apply to the claim. Unless instructed to do otherwise by the claimant or the claimant's legal personal representative, delegates should determine liability under the MRCA first, before liability under the DRCA is determined. After a determination is made under the MRCA, delegates can then make a liability determination under the DRCA.
Although liability under the DRCA may result in a component of PI compensation, a claim under the DRCA will probably not provide the claimant access to other compensation and benefits which they require to meet their immediate needs. Therefore, a determination under the MRCA is made, and a needs assessment conducted, before determining whether there is any liability under the DRCA to ensure that the member is provided with early access to the appropriate incapacity compensation, rehabilitation and treatment benefits of the MRCA.
Where a claim is to be assessed under both the DRCA and the MRCA it will be necessary to obtain the person's consent to use the information on the claim form for both Acts. It is recommended that for all claims encompassing both the MRCA and the DRCA, the member is asked to sign the following release:
“I (Name) of (Address), consent to the information collected pursuant to this form being used for the purposes of investigating my entitlement to benefits under both the DRCA and the MRCA
Signature Date”
Example:
A member submits a claim for thoracic spondylosis on 8 November 2005. The member sustained a trauma to the spine while playing approved sport on 12 April 1998 which resulted in the clinical onset of the condition in 2002. No claim for compensation was lodges at that time. After operative treatment and rehabilitation, the member seems to have been left with a residual impairment, but it did not prevent him serving in a full capacity. However, sometime during October 2005 the condition rendered him unable to continue serving. The member claims the deterioration of the condition has been accelerated due to the forced pack marches he has participated in over the course of his service.
Clinical onset of the condition was before 1 July 2004 and related to defence service rendered before the 1 July 2004. Therefore, the DRCA applies to the claim for clinical onset of the condition. The subsequent acceleration in deterioration of the condition is an aggravation of the condition. The MRCA applies to this aggravation as it arose out of service rendered before and on and after 1 July 2004. The delegate contacts the member and explains the situation to him. The member understands that the impairment he suffers from his condition is covered under two separate pieces of legislation and agrees to sign the release so that his claim for liability can be assessed under both the DRCA and the MRCA.
Source URL: https://clik.dva.gov.au/node/86705
12.6 Aggravation of VEA Conditions by MRCA Service
This page only applies in relation to claims made prior to 1 July 2026. All claims for aggravations lodged after 1 July 2026 are considered under the MRCA.
The material contained in this Chapter applies only where:
- a client's MRCA service “aggravates” a pre-existing VEA condition; and
- a decision was not made in regards to the aggravation claim prior to 1 July 2013; or
- a decision was made but the client did not formally “elect” to pursue the aggravation claim under the MRCA before 1 July 2013.
Prior to 1 July 2013, section 12 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (CTPA) required that any person with an accepted disability (AD) under the VEA who lodged a claim under the MRCA in respect of an aggravation of their AD must be given a choice between:
- making an Application for Increase (AFI) of their Disability Compensation Payment under section 15 of the VEA in respect of the aggravation; or
- continuing with a claim under section 319 of the MRCA for acceptance of liability for the aggravation.
Specifically, the MRCA applied to an “aggravation” of the claimant's VEA AD if:
- the aggravation occurred on or after 1 July 2004; and
- the aggravation relates to service rendered by the person on or after 1 July 2004; and
- the claimant did NOT elect under section 12 of the CTPA to pursue that aggravation under the VEA.
However, the removal of section 12 of the CTPA on 1 July 2013 (following the passage of the Veterans' Affairs Legislation Amendment (Military Compensation Review and Other Measures) Bill 2013) means that any aggravations of accepted VEA conditions after this date are required to be treated as an AFI under the VEA. Additionally, if the aggravation occurred prior to 1 July 2013 but the client had not, prior to that date, chosen to claim under the MRCA, the aggravation is automatically considered as an AFI under the VEA.
Also note that any aggravation of the “signs and symptoms” of a VEA condition by MRCA service are unaffected by the removal of section 12 and may still be accepted under section 30 of the MRCA. In such a case, Chapter 25 of GARP M will be used to calculate the amount of permanent impairment compensation payable (refer to 12.7 of this handbook for further information in this respect).
In this section
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/126-aggravation-vea-conditions-mrca-service
12.6.1 Aggravation occurred on or after 1 July 2004
This page only applies in relation to claims made prior to 1 July 2026. All claims for aggravations lodged after 1 July 2026 are considered under the MRCA.
For a service-related “aggravation” of an accepted VEA disability to be considered under the MRCA, the aggravation must relate to service rendered on or after 1 July 2004. Delegates should establish on the balance of probabilities the date the aggravation occurred by reference to the appropriate medical evidence (see 3.4.3 Establishing a diagnosis | CLIK). If this date is before 1 July 2004, the MRCA does not apply to that aggravation. However, as noted at the beginning of this Chapter, only those claims where an election was made prior to 1 July 2013 can be determined as aggravations under the MRCA.
Example 1
On 11 July 2013, a former member submits a claim under the MRCA for an aggravation of a pre-existing lumbar spondylosis (LS) condition. The former member enlisted in the Army in 1985 and was discharged on 10 July 2005. LS was accepted under the VEA on the basis of operational service in East Timor during 2000. The LMO finds that a slight deterioration in the member's LS has occurred but believes this is simply due to a natural progression of the disease. The delegate checks the former member's medical documents and does not find any evidence of an aggravation prior to her discharge. The delegate decides that (on the balance of probabilities) no aggravation has occurred on or after 1 July 2004. The delegate phones the former member and explains the situation to her. The former member agrees to withdraw her MRCA claim and lodge an AFI of her accepted disability under the VEA. The delegate ensures that an “informal claim” under the VEA is registered with the original receipt date, noting that a formal AFI claim must be lodged by the client prior to any determination under the VEA.
Example 2
On 4 May 2013, a member lodges a claim for “degenerative changes to the right ankle”. The delegate notes that the underlying right ankle injury is a VEA AD relating to an incident on operational service in East Timor in June 2004. The member contends that there has been an aggravation of the condition during a training exercise in March 2012. The Medical Officer supports the member's contention and attaches copies of service medical documents describing the incident. The delegate notes that the last VEA assessment of the right ankle awarded the member a Disability Compensation Payment at 10% of the General Rate. Irrespective, this assessment was conducted in mid-2004 and the delegate is still not reasonably satisfied as to whether this claim is related to a MRCA aggravation of a pre-existing injury or a recurrence (or natural worsening) of the previous injury. In order, to clarify, the delegate requests Unit Medical Records (UMRs). When the UMRs arrive, the delegate consults with a DMO and decides that the incident in March 2012 aggravated the underlying VEA AD.
On 20 June 2013, the delegate invites the claimant to lodge an election under section 12 but the claimant fails to make an election prior to 1 July 2013. As no choice had been made to pursue a claim under the MRCA prior to 1 July 2013, the claim must be considered as an AFI of the VEA claim.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/126-aggravation-vea-conditions-mrca-service/1261-aggravation-occurred-or-after-1-july-2004
12.7 Transitional Provisions - Permanent Impairment
Section 13 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (CTPA) applies where a person with a condition accepted under the VEA and/or the DRCA lodges a claim for permanent impairment compensation under section 319(2) of the MRCA.
- Under section 13 of the CTPA, the impairment points constituted by the VEA and/or DRCA conditions as at the MRCA determination date must be counted towards the person’s total impairment points under the MRCA,
- Only those impairment points from conditions that were accepted under the VEA and/or DRCA as at the lodgement date of the MRCA PI claim currently being determined (including requests for reassessment based on deterioration, worsening or aggravation of existing conditions) can be counted towards this total.
Example
On 30 February 2020, a veteran lodges a claim for condition A under the MRCA. At that date, the following claims were relevant:
- Condition B was claimed under DRCA on 30 January 2020, liability accepted on 1 March 2020,
- Condition C was accepted under VEA on 1 January 2019,
- Condition D was accepted under DRCA on 30 March 2000,
- Condition E was accepted under DRCA on 1 January 1999.
Condition B is not included in the assessment because although it was claimed under DRCA before the MRCA PI claim date, liability was not accepted for the condition under after the MRCA PI claim date.
Condition C is included in the assessment because the determination to accept the condition under VEA was made before the MRCA PI claim date.
Condition D and condition E are included in the assessment because the determinations to accept the conditions under DRCA were made before the MRCA PI claim date.
Other benefits
One purpose of determining the impairment points from the VEA and/or DRCA condition is to establish whether the person meets the criteria for other benefits, such as:
- Additional amounts of compensation for severely impaired veterans with dependent eligible young people under section 80 of MRCA (please see chapter 5.12 of the MRCA PI Policy Manual),
- Veteran Gold Card (please see chapter 8.7.1 of the Treatment Policy Manual), or
- Special Rate Disability Pension under MRCA (please see chapter 13 of the MRCA Policy Manual).
Note: Please see chapter 12.7.7 of the Transitional Provisions Policy Manual for a complete list of other benefits veterans may be entitled to as a result of their total combined permanent impairment rating under MRCA.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment
12.7.1 Reference table - determining which methodology applies
The following table is a quick reference guide to assist delegates in determining which methodology applies for MRCA PI claims received before and after 1 July 2013.
If…
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Apply…
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Date of effect and date of PI claim are both prior to 1 July 2013 |
Old
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Date of effect and date of PI claim are both on/after 1 July 2013
|
New |
Date of PI claim is after 1 July 2013 and date of effect prior to 1 July 2013
|
New |
Date of PI claim is prior to 1 July 2013 and date of effect on/after 1 July 2013 and:
|
New |
Date of PI claim is prior to 1 July 2013 and date of effect on/after 1 July 2013 and:
|
Old |
Note: Please see the Compensation Claims Procedures manual for the methodology to apply in relation to PI claims made:
- before 1 July 2013, and
- on and after 1 July 2013.
Note: Please see chapter 12.7.2 for more information about each of the steps contained within chapter 25 of GARP M (to apply in relation to PI claims made on and after 1 July 2013).
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1271-reference-table-determining-which-methodology-applies
12.7.1.5 Conversion of VEA DCP amounts from date of PI claim to date of determination
In order to work out the net DCP for Step 6, for any VEA conditions that were accepted conditions on the date the person claimed MRCA PI:
(a) on VIEW determine the client’s General Rate DCP % (or above General Rate) entitlement on the date of the MRCA PI claim (see under ‘Level’ heading in VIEW/Payabilities/Pensions Recurring Payability History/Payabilities);
(b) using the General Rate DCP % (or above General Rate) determined at (a), apply the statutory rate payable as at Date of PI determination (Step 2).
Note that the same process should be applied where a client’s DCP is being reduced due to recovery of an overpayment. Information on whether a client’s DCP is being reduced/limited can be accessed on VIEW under the Comments tab and under the ‘Adjustment Type’ heading in the Payabilities/Pensions Recurring Payability History/Payabilities folder.
Where an offset is applied because of the payment of a DRCA lump sum or because of other compensation payments, convert the actual amount of DCP being paid at the date of the PI claim to a % of the General Rate on that date. That % should then be applied to the General Rate at the date of the MRCA PI determination to calculate the amount of DCP to be included in Step 6.
Example 1: No offset being applied to client’s DCP/client’s DCP is being reduced by an overpayment
PI claim date:11/02/2011
MRCA Date of Determination: 13/10/2012
- On VIEW determine the amount of DCP being paid to the client on the MRCA PI date of claim - $232.98.
- If no offset applies, on VIEW determine the client’s General Rate DCP % (or above General Rate) entitlement at that point in time (see under ‘Level’ heading in VIEW/Payabilities/Pensions Recurring Payability History/Payabilities) – 60% of the General Rate (1 January 2011).
- Using the client’s General Rate DCP % entitlement at the time of the MRCA PI claim (Step 2), determine the statutory rate payable for this % as at Date of PI determination – $252.00 (20 September 2012).
- Then convert the DCP amount above (step 3) to a weekly amount - $252.00/2 = $126.00
Example 2: client’s DCP is being reduced by an offset due to receipt of DRCA PI Lump sum or compensation from another source
PI claim date: 25/06/2012
MRCA Date of Determination: 30/03/2013
- On VIEW determine the amount of DCP being paid to the client on the MRCA PI date of claim - $110.31
- If this amount was being reduced by an offset due to the client’s receipt of a DRCA PI lump sum, determine what their General rate DCP % entitlement was at that point in time - 100% of the General Rate = $410.10 (20 March 2012).
- Calculate the actual DCP paid as a percentage of the client’s General Rate DCP % entitlement amount at that time - $110.31/$410.10 =26.89%
- Using the client’s General Rate DCP % entitlement at the time of their MRCA PI claim (Step 2), determine the statutory rate payable for this % as at Date of PI determination - $432.60.
- Apply the % obtained at Step 3 to the statutory rate payable for the client’s General Rate DCP % entitlement as at Date of PI determination - $432.60 x 26.89% = $116.33.
- Then convert the DCP amount above (step 5) to a weekly amount – 116.33/2 = $58.16.
Source URL: https://clik.dva.gov.au/node/78309
12.7.2 Chapter 25 of GARP M
The following is a summary of the purpose of chapter 25 of GARP M:
- Chapter 25 requires that the total impairment rating derived from the accepted MRCA, VEA and DRCA conditions, as well as the lifestyle effects, is used to calculate a gross MRCA periodic payment in $ per week,
- The gross amount is then reduced by the amount that would be payable under the MRCA for the VEA and DRCA conditions,
- The remainder is the net notional MRCA periodic payment payable under the MRCA.
This chapter provides guidance on each of the steps contained within Chapter 25 of GARP M to apply to MRCA PI claims made on and after 1 July 2013 (i.e. the new methodology):
- For step 1, please see 12.7.2.1
- For step 2, please see 12.7.2.2
- For step 3, please see 12.7.2.3
- For step 4, please see 12.7.2.4
- For step 5, please see 12.7.2.5
- For step 6, please see 12.7.2.6
- For step 7, please see 12.7.2.7
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-chapter-25-garp-m
12.7.2.1 Step 1
At Step 1 the delegate is calculating the total compensation that would be notionally payable under MRCA for all accepted conditions (regardless of the Act they are accepted under) at the date the veteran makes their MRCA PI claim.
Step 1 asks the delegate to:
- Use GARP M to assess, as at the date of the MRCA determination, the combined impairment ratings for:
(a) all MRCA accepted conditions, and
(b) any VEA and DRCA accepted conditions which were accepted conditions on the date of the MRCA PI claim
Note: Please see the Compensation Claims Procedures manual for more information about the procedural aspects of Step 1.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-total-impairment-rating/12721-step-1
12.7.2.2 Step 2
At step 2 the delegate is deciding whether, under GARP M, the MRCA accepted condition contributes at least 5 impairment points to the overall impairment rating.
Step 2 provides the following two options:
- if the MRCA accepted condition contributes at least five impairment points to the overall impairment rating, compensation may be payable, then proceed to step 3,
- if the MRCA accepted condition does not contribute at least five impairment points, then the claim is rejected.
Note: Please see the Compensation Claims Procedures manual for more information about the procedural aspects of step 2.
Relevant definitions
MRCA accepted condition means: ‘the injury or disease for which the Commission has accepted liability under section 23 of the Act’.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-total-impairment-rating/12722-step-2
12.7.2.3 Step 3
At Step 3 the delegate is calculating the compensation that would notionally be payable under the MRCA for the VEA and DRCA accepted conditions referred to in Step 1(b).
Step 3 asks the delegate to use GARP M to work out the amount of compensation that would be payable under the MRCA for the VEA and DRCA accepted conditions referred to in Step 1 as at the date of the MRCA determination.
Note: Please see the Compensation Claims Procedures manual for more information about the procedural aspects of step 3.
Relevant definitions
DRCA accepted condition means: ‘in relation to a person, means the person’s injury for which there is liability to pay compensation under the DRCA’.
- Note that the definition of injury includes disease under DRCA
VEA accepted condition means: ‘in relation to a person, means the person’s incapacity from an injury or disease that the Repatriation Commission has determined under section 19 of the Veterans’ Entitlements Act 1986 (including as affected by section 71 of that Act) entitles the person to be granted a pension’.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-total-impairment-rating/12723-step-3
12.7.2.4 Step 4
At step 4 the delegate is subtracting the dollar amount worked out at Step 3 from the amount worked out at Step 1.
This means the delegate is subtracting:
- the amount payable under the MRCA for the VEA and DRCA accepted conditions, from
- the amount payable under MRCA for all accepted conditions (regardless of the Act).
Note: Please see the Compensation Claims Procedures manual for more information about the procedural aspects of step 4.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-total-impairment-rating/12724-step-4
12.7.2.5 Step 5
Step 5 advises the delegate that the amount worked out at Step 4 is the amount of MRCA PI compensation payable, subject to the proviso in Step 6.
Note: Please see the Compensation Claims Procedures manual for more information about the procedural aspects of step 5.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-total-impairment-rating/12725-step-5
12.7.2.6 Step 6
At Step 6 the delegate is deciding whether the amount of compensation already received for all accepted conditions exceeds the maximum weekly permanent impairment (PI) compensation amount payable under the MRCA.
Step 6 asks the delegate to add the following amounts together:
- the amount worked out at Step 4 plus,
- the amount worked out by using the VEA percentage to calculate the notional equivalent amount of the disability compensation payment under Part II or IV of the VEA payable using the General Rate payable at the date of the determination plus,
- the weekly equivalent of PI lump sums paid under the DRCA for the DRCA accepted conditions referred to at Step 1.
If the total of these amounts:
- exceeds the maximum weekly PI compensation amount payable under MRCA, the delegate must proceed to Step 7, or
- is less than the maximum weekly PI compensation amount payable under MRCA, the amount payable is the amount worked out at Step 4.
Note: Please see Payment Rates in the Compensation and Support Reference Library for more information.
Note: Please see the Compensation Claims Procedures manual for more information about the procedural aspects of Step 6.
Conversion of DRCA lump sums
The DRCA amounts are converted to a current lump sum value (by multiplying by the ratio of the current value for maximum DRCA section 24 payment to the value when the lump sum payment was made) and each lump sum converted to a periodic payment by dividing by an age-based number provided by the Australian Government Actuary for this purpose. The age to be used in applying this age-based number is the age that the person would have been on their next birthday at the time the DRCA lump sum was paid. The converted amount is indexed annually (on 1 July) using the indexation factor calculated under section 404 of the MRCA.
- The Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2020 provides the methodology for converting a DRCA lump sum to a weekly amount.
- The Actuary Tables used for Age Adjusting Lump Sum Payments provide the relevant age-based number for the conversion.
- You may also find the methodology for converting a DRCA lump sum to a weekly amount at the end of the steps in Chapter 25 of GARP M.
Conversion of VEA DCP
At this step, delegates must use the percentage rate of DCP at the date the client lodged their MRCA PI claim, however use the current rate of payment applicable at the date of MRCA PI determination. This is to take into consideration any rate increases to the DCP percentage that have occurred between the time of MRCA PI claim and MRCA PI determination. It is important to note that at this step the delegate is not taking into consideration any increase in DCP percentage as a result of a new claim or an Application for Increase (AFI) under VEA occurring after the MRCA PI claim date. As DCP is a fortnightly amount, the delegate will halve the DCP to find the weekly equivalent rate.
Example: A veteran lodges a MRCA PI claim on 1/01/2022. At that date, the veteran is receiving DCP at 30% of the General Rate under VEA. On 01/03/2022, the veteran lodges an Application for Increase under VEA and their DCP is increased to 40% of the General Rate on 01/05/2022, with effect from 1/02/2022. At the date of determination of MRCA PI on 01/10/2022 and at Step 6, the delegate is taking into consideration the DCP percentage payable at the date of MRCA PI claim, that is, 30% DCP. However, the dollar amount taken into consideration is 30% DCP at the rate payable at the date of MRCA PI determination, on 01/10/2022.
Relevant definitions
MRCA determination means: ‘in relation to a person, means the determination by the Commission of the degree of impairment suffered by the person as a result of a compensable condition under the Act’.
DRCA accepted condition means: ‘in relation to a person, means the person’s injury for which there is liability to pay compensation under the DRCA’.
- Note that the definition of injury includes disease under DRCA
VEA percentage means: 'the amount of disability pension payable under the VEA for the conditions referred to in Step 1 as at the date of the MRCA claim expressed as a percentage of the General Rate at that date’.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-chapter-25-garp-m/12726-step-6
12.7.2.7 Step 7
The delegate has already established that the total amount worked out at Step 6 exceeds the maximum weekly compensation amount payable under MRCA.
At Step 7, the delegate is working out the amount payable under MRCA by subtracting the MRCA PI excess from the amount worked out at Step 4.
MRCA PI excess equals:
- the amount worked out in Step 6(b) plus,
- DRCA converted lump sums to periodic payments plus,
- Step 4 amount minus maximum MRCA PI rate.
Therefore, the final amount of PI payable under MRCA is:
- The amount worked out at Step 4, minus
- MRCA PI excess.
Please see Payment Rates in the Compensation and Support Reference Library for more information.
Please also see the Compensation Claims Procedures manual for more information about the procedural aspects of step 7.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1272-chapter-25-garp-m/12727-step-7
12.7.2.8 Chapter 25: 7-step example calculation
Chapter 25: 7-step example calculation
Chapter 25 of GARP M provides the 7-step formula for determining transitional permanent impairment claims for veterans with accepted conditions under the MRCA as well as the VEA and / or the DRCA.
In cases where veterans have accepted conditions arising from different service types, as is common in transitional scenarios, the combined ratings (weighted compensation) formula in Chapter 23 of GARP M will be used to find the CF final in the formula. An example is as follows:
Following on from the example at Chapter 12.7.4 of the MRCA Transitional Provisions Policy Manual, Warrant Officer Smith has 4 accepted service-related conditions:
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Step 1:
Use GARP M to assess, as at the date of the MRCA determination, the combined effect of:
all MRCA conditions, and
all VEA / DRCA accepted conditions
to work out the resulting compensation that would notionally be payable under MRCA.
Step 1(a) is 35 points using Table 18.1 of GARP M. Step 1(b) is 10 points. The combined rating of all conditions at Step 1 is 42.
CF (w) 0.461
CF (p) 0.258
CF (final) 0.380
CF final is multiplied by the maximum weekly rate under the MRCA to find the notional amount payable under the MRCA for all conditions.
Please refer to the full Chapter 23 formula in GARP M for more information and Chapter 12.7.4 for a full example of the calculations to find the CF final using the combined ratings (weighted compensation) formula.
Step 2:
Assess whether, under GARP M, the MRCA accepted conditions at Step 1(a) contribute at least 5 points to the overall impairment rating. If yes, go to step 3.
As noted at Step 1 above, the MRCA conditions (Step 1(a)) is 35 points, which is more than a 5-point contribution to the overall points of 42. Therefore, proceed to step 3.
Step 3:
Work out the amount payable under the MRCA for the VEA / DRCA conditions, referred
to at step 1, as if those conditions were MRCA conditions.
CF (w) 0.213
CF (p) 0.119
CF (final) 0.120
CF final is multiplied by the maximum weekly rate under the MRCA to find the
notional amount payable under the MRCA for VEA / DRCA conditions.
Step 4:
Subtract the dollar amount at step 3 from the dollar amount at step 1.
Step 5:
The amount payable at step 4 is the amount payable, subject to proviso at step 6.
Step 6:
The amount payable cannot take the total of the following payments above the MRCA PI maximum rate:
the amount worked out at step 4; and
the weekly VEA DCP; and
the converted** DRCA lump sum to weekly.
If it does exceed the MRCA PI maximum rate, step 7 applies.
** DRCA permanent impairment lump sums at (c) are converted using the formula in Section 6 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2020
Step 7:
The amount payable is equal to the amount at Step 4 minus the MRCA PI ‘excess’.
The MRCA PI ‘excess’ is:
the dollar amount at step 6(b), plus
the dollar amount at step 6(c), minus
the current MRCA PI maximum rate.
Source URL: https://clik.dva.gov.au/node/86607
12.7.3 Taking account of previous MRCA PI lump sums or periodic payments
When a previous MRCA PI lump sum has been paid, the additional amount of PI payable is calculated by converting the lump sum paid to an equivalent weekly amount and subtracting this from the total weekly amount of PI payable at Step 4 or 7 of GARP M, whichever is applicable. When converting the lump sum to an equivalent weekly amount, the delegate is essentially finding the indexed weekly amount the veteran would be receiving now, if they had not converted their payment to a lump sum. This is discussed in more detail in Chapter 5.6.2 of the MRCA PI Policy Manual.
If the person is in receipt of periodic compensation the additional amount of PI payable is calculated by subtracting the previous periodic payment rate from the amount calculated in Step 4 or 7 of GARP M.
Where the client has received both periodic and lump sum MRCA payments, both the converted weekly amount of the lump sum/s and the periodic amount are deducted from the newly assessed rate to determine the additional amount of PI payable.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1273-taking-account-previous-mrca-pi-lump-sums-or-periodic-payments
12.7.4 Determining the compensation factor
Chapter 23 of GARP M
Chapter 23 of GARP M provides the methodology for converting medical impairment and lifestyle effects to compensation factors, which are then multiplied by the maximum weekly permanent impairment amount under the MRCA, to find the amount of permanent impairment compensation payable to a veteran.
A different methodology in Chapter 23 applies when veterans have conditions arising from a combination of both peacetime and warlike/non-warlike service, which frequently arises in transitional cases, when veterans have conditions accepted under the MRCA as well as under the VEA/DRCA.
In determining the relevant compensation factor in these situations, the ‘Combined Ratings’ formula in Chapter 23 of GARP M is applied. This formula is commonly referred to as the weighted compensation factor.
The service type for VEA and DRCA conditions
When applying the weighted compensation factor formula in Chapter 23 of GARP M:
- conditions accepted under the VEA should be treated as if they relate to warlike/non-warlike service, and
- conditions accepted under the DRCA should be treated as if they relate to peacetime service, or
where a condition is accepted under both the VEA and the DRCA, treat the condition as if it were related to warlike/non-warlike service.
Multiple conditions arising out of the service type/s
For transitional veterans with service-related conditions arising from different service types, the amount of MRCA PI compensation payable is a weighted average between:
- the amount payable if all conditions arose from warlike/non-warlike service (‘A’ in the formula), and
- the amount payable if all conditions arose from peacetime service (‘B’ in the formula).
Where there are multiple impairment ratings at ‘A’ and ‘B’, they are arithmetically added. The following example illustrates this.
Example
Warrant Officer Smith has 4 accepted service-related conditions:
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When applying the formula in Chapter 23:
The total impairment at (A) is 30 (20+10 impairment points).
The total impairment at (B) is 20 (10+10 impairment points).
The lifestyle rating (L) from these conditions is 4.
The combined impairment rating (C) is 42.
Under Table 23.1, the compensation factor that would be applied if all 4 conditions (i.e. using 42 impairment points at C above) had resulted from warlike service would be 0.461.
Under Table 23.1, the compensation factor that would be applied if all 4 conditions (i.e. using 42 impairment points at C above) had resulted from peacetime service would be 0.258.
The weighted average compensation factor (CF final) is worked out using the formula, as follows:
(30 * 0.461 + 20 * 0.258) / (30 + 20) = 0.380
The maximum compensation payable (as at the date of determination) is multiplied by the weighted compensation factor to work out the person’s entitlement of periodic payment (i.e. the MRCA PI weekly amount).
For more information about the maximum compensation payable under the MRCA, please visit the DVA website (current payment rates) at: www.dva.gov.au/get-support/financial-support/payment-rates/compensation-payment-rates-mrca#permanent-impairment.
For an example calculation using the 7-steps in Chapter 25 of GARP M, please see Chapter 12.7.2.8 of the MRCA Transitional Provisions Policy Manual.
Apportionment
In bringing across VEA and DRCA conditions, it may be necessary to apply apportionment under Chapter 20 of GARP where the client has two or more conditions accepted under two different Acts which affect the same body system. As per a single Act situation, apportionment is used to establish the separate contribution each condition makes to the overall functional impairment. It may be required in some cases to determine the appropriate impairment rating and the relevant compensation factor to be applied.
History of policy changes
Historically, it has not been explicit in Chapter 23 (or Chapter 25) of GARP M:
that impairment from service-related conditions under the VEA and the DRCA are to be treated a particular way when determining the weighted compensation factor for the purpose of applying Chapter 25 and working out the amount of MRCA PI compensation payable,
how multiple conditions arising at ‘A’ and/or ‘B’ in the formula should be treated.
Instead, policy guidelines provided delegates with these instructions.
The Guide to Determining Impairment and Compensation Amendment Instrument 2025 (the GARP M amending instrument) commenced from 3 March 2025 and clarified and reinforced the existing policy guidelines.
The GARP M amending instrument did not change the process for how Chapter 23 has been applied to calculate weighted compensation factors.
Application of the GARP M
To ensure clarity, the version of the GARP M in force at the time of the original assessment leading to the original determination must continue to apply until the claim is finally determined, including internal reconsiderations and external appeals.
For example, if the original assessment and original determination was undertaken based on the GARP M in force prior to the GARP M amending instrument on 3 March 2025, then any flow on reconsiderations or appeals in relation to that original determination must also apply the version of the GARP M in force prior to 3 March 2025. This ensures consistent and unambiguous outcomes for veterans in relation to the calculation of their permanent impairment entitlement under the MRCA.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1274-determining-compensation-factor
12.7.5 Interim transitional cases
An initial interim transitional determination is processed in the same manner as a determination based on a person with stable conditions with the exception of the applicable lifestyle factor to be used. Generally the bottom lifestyle rating of the shaded area will be applied. For more information about interim payments please see chapter 5.8 of the MRCA PI Policy Manual.
Reassessment of an interim transitional PI claim
Where interim PI has been paid, the client is not required to lodge a claim in order for their impairment to be reassessed (under section 75(4)) upon stabilisation of their conditions (see Chapter 5.8.6 for more information on this).
What is the relevant date for including VEA and or DRCA conditions (and related payments)?
Where a person is being reassessed (due to stabilisation of their conditions) following interim compensation being paid, the most recent PI claim date preceding the section 75(4) assessment (i.e. finalising an interim) is the relevant date for the purposes of determining which VEA and/or DRCA conditions (and related payments) to include or exclude in the assessment.
For the purpose of considering the VEA and/or DRCA conditions (and related payments), the delegate should ask the following question:
Has the person lodged any further MRCA PI claims since the initial PI claim was made resulting in the interim determination?
- If no, the relevant date is the date of the initial PI claim, or
- If yes, the relevant date is the date of the last MRCA PI claim preceding the 75(4) assessment.
Refer to the example in Chapter 5.8.6 of this manual for further clarification on what is considered the last MRCA PI claim for these purposes.
Example
For example, a transitional client lodges a PI claim on 13 July 2011 which results in payment of interim compensation due to one condition being unstable. On 26 March 2012, the client lodges another PI claim based on new conditions which results in an additional payment of interim compensation. The client lodges a further PI claim on 18 September 2012 based on a worsening of existing conditions but does not meet the required impairment point threshold for payment of additional interim compensation. On 9 December 2012, all of the client’s conditions stabilise and a reassessment is undertaken under section 75(4). For the purposes of determining what VEA and/DRCA conditions and related payments are included/excluded in the reassessment, the last MRCA PI claim date is 26 March 2012.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1275-interim-transitional-cases
12.7.6 Resting Joint Pain and Disfigurement & Social Impairment in transitional claims
The transitional arrangements under section 13 of the Military, Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (CTPA) requires that impairment points from VEA and/or DRCA conditions are included as part of the MRCA assessment.
Chapter 25 of the GARP M contains the method for calculating the amount of PI compensation payable in transitional scenarios and requires an assessment of all MRCA accepted conditions and a separate assessment of all VEA/DRCA accepted conditions.
Resting Joint Pain
Where the medical evidence shows resting joint pain arising from conditions accepted under both MRCA and VEA/DRCA, the delegate may assign a rating under the MRCA and then a separate rating under the VEA/DRCA. This may result in two resting joint pain ratings.
The total ratings under MRCA are then combined with the total ratings under the VEA/DRCA to calculate the client's overall impairment rating.
As with any impairment rating, the allocation of resting joint pain should be based on the available medical evidence. Where it is clear that resting joint pain is attributable to only MRCA conditions, or only the VEA/DRCA conditions, then it would not be appropriate to assign two ratings. There is also nothing preventing the highest resting joint pain rating from being applied to the MRCA conditions and to the VEA/DRCA conditions, as long as the delegate is satisfied the medical evidence supports the ratings.
Examples – Resting Joint Pain
A veteran has accepted conditions of the spine and ankles under the VEA/DRCA as well as accepted conditions of the knees and shoulders under the MRCA. The medical evidence shows the spine condition causes pain which limits the veterans comfortable sitting time and the delegate is satisfied a rating of 5 is assigned for resting joint pain to the accepted VEA/DRCA conditions. The medical evidence also shows the knee conditions cause severe pain which is not ameliorated by treatment. The delegate is satisfied a rating of 10 is assigned to the accepted MRCA conditions. In this scenario, a rating of 10 for resting joint pain may be included in Step 1(a) of Chapter 25, and, another rating of 5 for resting joint pain in Step 2(b).
Disfigurement and Social Impairment
As with resting joint pain, where the medical evidence shows disfigurement and social impairment arising from both MRCA accepted conditions and VEA/DRCA accepted conditions, the delegate may decide to allocate two ratings.
Where it is clear that disfigurement and social impairment is attributable to only MRCA conditions, or the VEA/DRCA conditions only, then it would not be appropriate to assign two ratings. Additionally, there may be times where the delegate may need to apportion the impairment by using Chapter 19. Chapter 17 directs that Chapter 19 may be used where there is a non-accepted condition contributing to disfigurement and social impairment. It is acknowledged that this scenario may be rare, because non-accepted conditions are not always known, however the option to use Chapter 19 to adjust for non-accepted conditions is available for the delegate if appropriate.
Examples – Disfigurement and Social Impairment
A veteran has accepted skin conditions under the VEA/DRCA including deep scarring on the cheek and eyebrow from the removal of BCCs and SCCs. The veteran also has PTSD and anxiety disorder accepted under the MRCA. The medical evidence shows the scarring on the veteran’s face is noticeable to others, and the delegate is satisfied a rating of 2 may be assigned to the accepted VEA/DRCA conditions. The medical evidence shows the mental health conditions causes the veteran to become agitated in public causing frequent outbursts, which are obvious to others, and cause the veteran to avoid some normal activities. The delegate is satisfied a rating of 2 may also be assigned to the accepted MRCA conditions. In this scenario, a rating of 2 for disfigurement may be included in Step 1(a) of Chapter 25, and, another rating of 2 in Step 2(b).
A veteran has an accepted right knee condition under the DRCA and suffered a worsening of the condition which is now accepted under the MRCA. The veteran has undergone extensive surgeries and as a result suffers noticeable scarring on the knee, thigh and shin, as well as a limp which requires the use of a cane. The medical practitioner provided an opinion apportioning the total lower limb impairment as 50% to the original condition accepted under DRCA and 50% to the worsening of the condition under MRCA. The delegate decides a total rating of 10 is applicable for disfigurement as a result of the knee condition. It would be open to the delegate in this scenario to take into consideration the medical practitioner’s opinion and provide a rating of 5 for disfigurement for inclusion in Step 1(a) and a rating of 5 for inclusion at Step 1(b) of Chapter 25.
A veteran has accepted conditions under the VEA/DRCA which are not causing any significant disfigurement and only slight embarrassment. The delegate is satisfied a rating of 0 for disfigurement may be allocated to the accepted VEA/DRCA conditions. The veteran also has lumbar spondylosis accepted under the MRCA. The report provided by the treating orthopaedic surgeon shows the veteran also suffers scoliosis, which is not accepted under MRCA. The orthopod advises that as a result of the total spine conditions the veteran suffers a significant leg shortening on one side effecting his gait, but that lumbar spondylosis contributes about 50% to the impairment. The delegate decides a total rating of 10 is applicable for disfigurement, but notes the contribution by the non-accepted condition. It would be open to the delegate in this scenario to use Chapter 19 to calculate the appropriate rating to be included at Step 1(a) of Chapter 25 for accepted MRCA conditions and a rating of 0 for inclusion at Step 1(b).
It is acknowledged that the examples provided on this page may not cover every scenario. If the decision maker requires any further guidance with respect to either resting joint pain or disfigurement and social impairment in transitional cases, they are encouraged to contact Benefits & Payments Policy through the Delegate Support Framework.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1276-resting-joint-pain-and-disfigurement-social-impairment-transitional-claims
12.7.7 Total impairment rating
The total impairment rating arrived at in Step 1 of GARP M is the impairment rating to be used to assess the following:
Dependants of deceased members may be entitled to claim benefits under section 12 of MRCA,
PI compensation threshold impairment points under sections 69, 70, 71, 72 and 75 of MRCA;
Additional compensation for severe impairment under section 80 of MRCA,
Compensation for the cost of financial advice under section 81 of MRCA,
Choice to receive a Special Rate Disability Pension under section 199 of MRCA;
Eligibility for MRCA supplement under section 221 of MRCA,
Special assistance via MRCAETS to certain eligible young people under section 258 of the MRCA; and
Gold Repatriation Health Card under sections 281 and 282 of MRCA and subsection 85(7A) of the VEA (including when MRCA contribution points are assessed as zero).
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1277-total-impairment-rating
12.7.8 Permanent Impairment Compensation Threshold
Last amended: 12 December 2014
Section 69 of the MRCA requires that a claimant is not eligible for PI compensation unless the claimant’s initial total impairment rating constitutes 10 impairment points. Where additional compensation is claimed, section 71 requires an increase in the overall impairment rating of at least 5 points for additional PI compensation to be payable. In either case, impairment points from more than one accepted condition can be combined to meet the relevant impairment point requirement, including impairment points resulting from VEA and/or DRCA conditions which were accepted at the time of the client’s MRCA PI claim. See the following table:
Eligibility Table for MRCA PI based on accepted conditions. | |||
|---|---|---|---|
| VEA/DRCA Conditions | MRCA Conditions | Total Overall Impairment | MRCA PI Compensation Eligibility |
| Below threshold | Below threshold | Below threshold | Not eligible |
| At/Above threshold | Below threshold | Below threshold | Not eligible |
| Below threshold | At/Above threshold | Below threshold | Not eligible |
| Below threshold | Below threshold | At/Above threshold | Eligible |
| At/Above threshold | Below threshold | At/Above threshold | Eligible |
| Below threshold | At/Above threshold | At/Above threshold | Eligible |
| At/Above threshold | At/Above threshold | At/Above threshold | Eligible |
Note: ‘Below threshold’ includes zero MRCA impairment points.
The methodology for calculating the amount of PI payable in Chapter 25 of GARP requires an additional threshold to be met which does not allow points from VEA/DRCA conditions to be taken into account.
Although a client may meet the relevant threshold for eligibility for PI (and other entitlements as noted in Chapter 12.7.2) under the MRCA based on the inclusion of VEA and/or DRCA conditions in the impairment points, the additional threshold requirement in step 2 of the methodology for calculating the amount payable under Chapter 25 of GARP, may mean that no PI is payable. Please see the Compensation Claims Procedures manual for more information. For PI to be payable step 2 requires the new MRCA condition/s alone to contribute at least 5 impairment points to the whole person impairment (WPI).
The following calculations are required to determine whether the requirements of step 2 are met:
Initial PI claim (section 68 claim)
Where the PI claim is being determined in response to a client’s first PI claim the calculation is very simple. The contribution of the MRCA condition/s in such cases equals the number of MRCA impairment points determined in the assessment of that first claim.
Reassessment PI claim (section 71 claim)
Where the PI claim is being determined in response to a subsequent claim the calculation is as follows:
Total number of impairment points under the MRCA following the new assessment LESS
the total number of impairment points under the MRCA following the previous assessment.
This additional threshold means that for compensation to be payable in transitional reassessment claims, an increase in 5 points must be met by all conditions (MRCA, DRCA and VEA) under section 71, alongside an increase in 5 points from MRCA conditions only, as required by GARP M.
Example
John Smith makes his first MRCA claim in July 2013. Following that claim he is determined as having 25 MRCA impairment points. He also has VEA and DRCA conditions which together with his MRCA conditions result in an overall impairment rating under the MRCA of 55 points.
For the purpose of determining whether he meets step 2 of the methodology the number of points that his MRCA conditions are contributing to the overall impairment rating are his total number of MRCA points – that is, 25 points.
He makes a second MRCA claim in September 2013. As a result of that claim he now has 36 MRCA points and his overall impairment rating has increased to 77 (one of his non-MRCA conditions has worsened). The contribution of his MRCA conditions to the overall impairment rating from this second claim is calculated as follows:
36 MRCA points from current assessment LESS 25 MRCA points following the previous assessment.
His MRCA contribution to the overall impairment rating is now 11 points.
Mr Smith is eligible to be paid additional compensation as his overall impairment rating has increased by at least 5 points (from 55 to 77), and his MRCA condition have also contributed at least 5 additional impairment points (11 points).
He makes a third MRCA claim in January 2014. Following this claim he has 48 MRCA points and his overall impairment rating is now 80. The contribution of his MRCA conditions to the overall impairment rating from this third claim is calculated as follows:
48 MRCA points from current assessment LESS 36 MRCA points following the previous assessment.
His MRCA contribution to the overall impairment rating is now 12 points.
Whilst Mr Smith's MRCA conditions have contributed an additional 5 impairment points, his overall impairment (from 77 to 80 points) has not increased by at least 5 impairment points. In this instance, Mr Smith is not entitled to be paid additional compensation and his claim should be disallowed.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1278-permanent-impairment-compensation-threshold
12.7.9 Impairments of fingers, toes, sense of taste and smell and hearing loss
The exceptions to the 10 impairment points requirement are impairments of the fingers, the toes, the sense of taste and smell, and hearing loss.
For these impairments, section 69(2) of the MRCA requires that a claimant is only eligible for PI compensation where the impairment suffered as a result of one of those conditions alone constitutes 5 impairment points. In other words, impairment points from more than one other condition cannot be combined to meet the 5 impairment point requirement. Once the claimant meets the 5 point threshold for one of these conditions alone, impairment from other conditions can be combined in order to calculate the amount of PI payable, provided the relevant threshold of 10 impairment points is met.
In circumstances where it appears the client will not meet the threshold requirements for payment of compensation for loss of hearing under either the DRCA or MRCA individually due to apportionment under GARP M, it should be referred to Benefits & Payments Policy for advice specific to the individual circumstances of the case.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/1279-impairments-fingers-toes-sense-taste-and-smell-and-hearing-loss
12.7.10 Assessment of VEA and DRCA Condition
Broadly speaking, the Commission takes the view that existing DRCA and/or VEA evidence can be used with the client's consent wherever such evidence is medically appropriate, and where it confirms a beneficial outcome. For more information about the age and currency of medical evidence, please see chapter 5.6.3 of the MRCA PI Policy Manual.
Where the use of DRCA and VEA evidence is inappropriate, delegates will need to arrange an appointment for MRCA PI compensation claimants to undergo an up-to-date medical examination of their VEA and/or DRCA conditions in order to determine the impairment ratings under GARP M.
If a claimant's DRCA and VEA evidence cannot be used, and the client is not willing to undergo a new medical examination of the VEA and/or DRCA conditions, MRCA compensation cannot be calculated. For more information about unreasonable refusal to undergo medical examination please see chapter 5.5 of the MRCA PI Policy Manual.
Please see the Compensation Claims Procedures manual for more information.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/12710-assessment-vea-and-drca-condition
12.7.11 DRCA conditions yet to stabilise
If a person's DRCA condition has not stabilised for the purpose of a determination under section 24 [2] of the DRCA, a MRCA PI determination cannot be made under sections 69, 70, 71 or 72 until the condition has stabilised and a determination regarding the amount of compensation payable (if any) is determined under section 24(2) of the DRCA.
This may occur in situations where:
- a determination has been made in respect of an accepted condition under section 25 of the DRCA, or,
- a determination has not been made in respect of an accepted condition under DRCA and during the MRCA PI assessment, the evidence indicates that the DRCA condition is not yet stable,
In this situation, the delegate may wish to offer an interim compensation payment under section 75, if the MRCA conditions alone meet the legislative criteria. However, it should be noted that once the DRCA condition has stabilised and compensation determined, any interim payment that has been made under the MRCA may result in an overpayment. In such a case, it is open to another delegate to revisit the amount of interim compensation paid via section 347 [33] of the MRCA, providing the Veterans’ Review Board (VRB) and/or the Administrative Review Tribunal (ART) have not made a decision relating to that determination. If an overpayment has resulted, the delegate can recover it under section 415 [2] of the MRCA.
Note: Where DVA has made a determination in respect of a condition accepted under DRCA that compensation is payable under section 24(2) of DRCA, it is reasonable to expect that the condition is considered stable for the purposes of determining a MRCA PI claim and conducting a Chapter 25 assessment.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/12711-drca-conditions-yet-stabilise
12.7.12 VEA conditions yet to stabilise
The situation is different in relation to conditions accepted under the VEA, in respect of which there is no requirement for a condition to be stable before a grant of DCP can be effected. Once a decision has been made under the VEA to grant DCP at a particular rate, all of the pre-conditions for the application of section 13 of the CTPA and Chapter 25 of GARP M will have been met and a determination should be made in relation to a claim for PI compensation under the MRCA.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/12712-vea-conditions-yet-stabilise
12.7.13 Inclusion of DRCA/VEA conditions where no PI/DCP has been paid
Where there are outstanding DRCA PI claims registered and still undergoing investigation, it is advisable that the MRCA PI assessment should await the outcome of the DRCA determination/s. The MRCA PI delegate should liaise with their DRCA PI colleagues to gauge how long the investigation may take. A delegate should however use their discretion here. In cases where it is highly unlikely the DRCA PI claim would ever succeed (e.g. tinnitus) then it may be possible for the MRCA assessment to proceed.
In cases where DRCA PI has not been claimed, a delegate should again use their discretion. If the DRCA accepted conditions are limited to conditions which have likely resolved (e.g. a sprain of the finger accepted in 1998) or are conditions which may never incur a PI payment (such as tinnitus), then the delegate should not set aside the MRCA assessment on that basis. Further, a delegate may decide to contact the veteran to gauge whether they intend on claiming PI for their newly accepted DRCA condition(s) and, depending on the outcome of the conversation, the delegate may decide to set aside the MRCA assessment or proceed with determining the claim.
Where no DRCA lump sum has been paid because the client declined payment so that their VEA DCP would not be affected, or DRCA PI is unlikely ever to be paid because the client has a condition which will fully resolve and has only claimed liability in order to get rehabilitation, treatment, incapacity payments etc. the delegate should include that DRCA condition in Steps 1, 3 and 6 with an impairment rating of 0.
Where no DCP is payable because there is ‘no incapacity found’ a delegate should include that VEA condition in Steps 1, 3 and 6 with an impairment rating of 0.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/12713-inclusion-drcavea-conditions-where-no-pidcp-has-been-paid
12.7.14 Reconsiderations, reviews, and appeals
From 14 October 2024 the Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT). Appeal pathways and matters remain largely the same as previous AAT arrangements under ART arrangements, although specific legislative section numbers in the ART Act differ. Importantly, timeframes for appeals for veterans and provision of information etc. remain the same. Except for pages relating to prior historical rulings, reviews and advice, after 14 October 2024 references to the AAT in these pages should be taken as a reference to ART.
Reconsiderations, reviews or appeals of a DCP assessment under the VEA and/or a DRCA PI lump sum do not provide sufficient grounds for delegates to refuse to process a MRCA PI compensation claim. This is notwithstanding the fact that the rate of VEA DCP or DRCA PI lump sum awarded might be increased (or decreased) with retrospective effect upon review by the VRB, the AAT or the Federal Court.
If a VEA DCP assessment, DRCA liability and/or compensation decision is retrospectively backdated upon review, it is open to another delegate to revisit a MRCA PI determination via section 347, providing the VRB and/or AAT have not made a decision relating to that MRCA PI determination. If an overpayment has resulted, the delegate can recover it under section 415 of the MRCA. Where a delegate is aware that a claimant has a VEA and/or DRCA conditions or related payments that are subject of a review, they should inform the claimant that if the amount of VEA DCP or DRCA PI lump sum payable is subsequently increased, they may be asked to repay any overpayment that results under the MRCA.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/127-transitional-provisions-permanent-impairment/12714-reconsiderations-reviews-and-appeals
12.8 Treatment
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/128-treatment
12.8.1 Travel for treatment
Where a claimant or his or her attendant is entitled to the same travel expenses for treatment under either:
- subsection 16(6) of the SRCA; or
- section 110 of the VEA; and
- Division 2 of Part 4 of Chapter 6 of the MRCA,
travel expenses should only be provided under the MRCA.
Likewise, where compensation for another person's transportation costs can be provided under both:
compensation should only be provided under section 297.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/128-treatment/1281-travel-treatment
12.8.2 Treatment under the SRCA and the MRCA
Where a claimant is entitled to the same treatment under both:
- subsection 16(1) of the SRCA; and
- reimbursement for treatment under Part 2 of Chapter 6 of the MRCA,
treatment should only be provided under the MRCA. This will most commonly apply where a person has an aggravation of a SRCA condition accepted under the MRCA.
Please note, there is no legislative restriction on a claimant receiving compensation under subsection 16(1) of the SRCA and the same treatment with a White Repatriation Health Card under sections 279 or 280 of the MRCA. Therefore, delegates are encouraged to determine that the reimbursement treatment path applies to the claimant under section 327.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/128-treatment/1282-treatment-under-srca-and-mrca
12.8.3 Treatment under the SRCA and MRCA Gold Repatriation Health Card
Where a claimant with an accepted SRCA condition also has a MRCA Gold Repatriation Health Card, there is no legislative restriction on the claimant receiving treatment for the accepted SRCA condition under either the SRCA or his or her Gold Repatriation Health Card. However, this situation is no different to the one that previously existed under the SRCA and the VEA.
Source URL: https://clik.dva.gov.au/node/86709
12.8.4 White Card Repatriation Health Card Treatment under the VEA and the MRCA
Where a claimant is entitled to:
- a White Repatriation Health Card under subsections 85(1) or 85(2) of the VEA; and
- a White Repatriation Health Card under section 279 or 280 of the MRCA,
the claimant should only be issued with one White Repatriation Health Card for all their MRCA and VEA conditions.
Please note, there is no legislative restriction on a claimant receiving a White Repatriation Health Card under subsections 85(1) or 85(2) of the VEA and reimbursement for treatment under Part 2 of Chapter 6 of the MRCA. Therefore, delegates are encouraged to determine that the White Repatriation Health Card treatment path applies to the claimant under section 327.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/128-treatment/1284-white-card-repatriation-health-card-treatment-under-vea-and-mrca
12.8.5 Gold Card Repatriation Health Card Treatment under the VEA and the MRCA
Where a claimant is entitled to:
a Gold Repatriation Health Card under sections 85 of the VEA; and
a White Repatriation Health Card under section 279 or 280 of the MRCA,
the delegates are encouraged to issue the claimant with one Gold Repatriation Health Card under the VEA. However, there is no legislative restriction on the claimant also being issued with a MRCA White Repatriation Health Card if they wish. Where a claimant has already been issued a Gold Repatriation Health Card, delegates should not determine that the reimbursement treatment path applies to the claimant under section 327.
Likewise, where a claimant is entitled to:
- a White Repatriation Health Card under sections 85 of the VEA; and
- a Gold Repatriation Health Card under section 279 or 280 of the MRCA,
the delegates are encouraged to issue the claimant with one Gold Repatriation Health Card under the MRCA. However, there is no legislative restriction on the claimant also being issued with a VEA White Repatriation Health Card under the VEA if they wish.
Similarly again, where a claimant is entitled to:
- a Gold Repatriation Health Card under sections 85 of the VEA; and
- a Gold Repatriation Health Card under section 279 or 280 of the MRCA,
the delegates are encouraged to issue the claimant with one Gold Repatriation Health Card under the MRCA. However, there is no legislative restriction on the claimant also being issued with a VEA Gold Repatriation Health Card under the VEA if they wish.
An exception to this is where the claimant is entitled to a MRCA Gold Repatriation Health Card and a VEA Gold Repatriation Health Card under subsection 85(7A). This provision provides that a person receiving service pension under the VEA who has 30 or more impairment points under the MRCA is entitled to a VEA Gold Repatriation Health Card unless they already have a MRCA Gold Repatriation Health Card.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/128-treatment/1285-gold-card-repatriation-health-card-treatment-under-vea-and-mrca
12.8.6 Alterations, aids and appliances
Under subsection 15(4) of the CTPA, where a claimant is entitled to the same alteration of his or her place of residence, education, work or service, or provision or repair of the same aid or appliance under both section 39 of the SRCA and section 56 of the MRCA, the benefit should only be provided under section 56 of the MRCA.
Likewise, where a claimant is entitled to the same modifications of a vehicle under both section 30 of the SRCA and the MRCA Motor Vehicle Compensation Scheme, the modification should only be provided under the MRCA.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/128-treatment/1286-alterations-aids-and-appliances
12.9 Rehabilitation
If a person is undertaking a rehabilitation program under the VEA or the SRCA and the rehabilitation authority for the person determines that the person is to undertake a new rehabilitation program under the MRCA, the rehabilitation authority may determine that the old VEA or SRCA rehabilitation program stops being provided under that Act. All or part of the old program may be incorporated into the new MRCA program.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions/129-rehabilitation