24.1 Aggravations and Sequelae on or after 1 July 2004

It should be noted, though, that aggravations that occur on or after 1 July 2004 as a result of MRCA service must be determined under the MRCA only, and not the SRCA.

This is also the case where the condition was aggravated by both MRCA and SRCA service, as the MRCA applies to aggravations that occur on or after 1 July 2004 as a result of service either on or after 1 July 2004 or before and on or after 1 July 2004. This also applies to injuries or diseases where there is a material contribution to a pre-existing injury or disease.

For example, a member has diabetes which has been accepted under the SRCA. In September 2004 he aggravates the condition as a result of a period of service from May 2004 through to September 2004. Therefore:

  • The condition is pre-existing and has been accepted under the SRCA;
  • The condition is aggravated after 1 July 2004;
  • The aggravation is a result of service before and on and after 1 July 2004.

As such, only the MRCA will apply to the aggravation. Noting that the original condition will remain under the SRCA.

Sequelae conditions arising on or after 1 July 2004 may be accepted under either the SRCA or the MRCA depending on whether there was any contribution by MRCA service. Naturally if the member has discharged prior to 1 July 2004, or there was no contribution by MRCA service the MRCA will not be relevant.

For example, a member develops osteoarthritis of the right knee as a result of a previous injury to that knee, which has been accepted under the SRCA. The medical opinion indicates that the OA of the R knee is only as a result of service prior to 1 July 2004. Therefore, OA of the R knee will also be accepted under the SRCA only.

However, if the OA of the R knee is not just as a result of the pre-existing injury, but also as a result of MRCA service, the before, and or after rule applies. As a result, the condition, OA of the R knee, will be determined under the MRCA only.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-24-aggravations-and-sequelae-disease-cases/241-aggravations-and-sequelae-or-after-1-july-2004