3.2.11 Aggravations of service-related conditions

It was noted above that the heads of liability (paragraph 27(d), subsection 29(2), and section 30) do not apply to an injury or disease with onset connected to service.  However, section 5 further states that 'service injury has the meaning given to it by sections 27, 29 and 30.'  A note to these definitions states that:

A reference to a service injury or service disease being sustained includes a reference to an injury or disease being aggravated by defence service (see section 7).

In simple terms, section 7 of the MRCA provides that a service injury sustained or a service disease contracted includes an aggravation of that injury or disease by service.

Situations will arise where:

• a claim is made for the acceptance of liability for a service injury or service disease where onset of the injury or disease is said to be related to service and a subsequent aggravation of the injury or disease is also said to be related to service; or
• service has further aggravated an injury or disease which has already been determined to be a service injury or service disease.

In situation (a) delegates should first consider if onset of the injury or disease is rela — ted to service following the normal procedures.  If so, delegates must then decide whether service has further aggravated that injury or disease post onset.  The use of a SOP in relation to the claimed aggravation may provide a helpful reference but is not required.  If a person has continued to serve post onset of an injury or disease it is at least more likely than not that service has materially contributed to any worsening of the injury or disease, unless there is clear evidence that a non-service related aggravation has occurred.

If onset of the injury or disease cannot be determined to be connected to service, delegates must decide whether the aggravation of the injury or disease is connected to service by following the policy outlined above at 3.2.7.

In situation (b) delegates must decide whether service has further aggravated that injury or disease post onset.  Again, the use of a SOP may provide a helpful reference but is not required.  If a person has continued to serve post onset of an injury or disease it is at least more likely than not that service has materially contributed to any worsening of the injury or disease, unless there is clear evidence that a non-service related aggravation has occurred.

Example: A member contends that his osteoarthrosis of the right knee was caused by lifting undertaken while rendering defence service and further aggravated by a trauma that occurred while rendering defence service.  The delegate determines that disease to be a service disease on the basis of the 'lifting' factor in the SOP and this service disease includes an aggravation by defence service due to the trauma incident.