25.2.5 'A result of'

The claimed condition must be 'a result of' the member's failure to obtain a promotion,transfer or benefit if the exclusionary provision is to operate. Accordingly, the exclusionary provision does not operate where:

  • the member in fact failed to obtain a promotion, transfer or benefit, but this was not connected in any way with the condition later claimed by the member
  • the promotion or transfer process was flawed and this caused or contributed to the condition, or
  • there are other contributing factors which make a more than minimal contribution to the ultimate condition, i.e. the failure to obtain must be the sole or predominant cause of the condition. Note that this is a matter for the judgment of the Delegate after considering all of the facts and evidence in the particular case.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2525-result