CM5829 Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes'

Purpose

To replace CM5537 Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' with CM5829 which amends the visual acuity measurement from:

•      a corrected visual acuity in the better eye of less than or equal to 3/60;

to:

•      a corrected visual acuity of less than 6/60 in both eyes.

Background

CM5537 was issued in January 2004 and provided the Repatriation Commission's view on the criteria that should be used for VEA determinations relating to blindness.  At that time Commission was advised that the visual acuity measurement of a corrected visual acuity in the better eye of less than or equal to 3/60 specified in the guideline was effectively the same as that used by Centrelink, a corrected visual acuity of less than 6/60 in both eyes.

On 28 November 2005 the Repatriation Commission amended the visual acuity measurement, used for the purpose of VEA determinations relating to blindness, to the same as that used by Centrelink and other agencies.  Although in practical terms there is very little difference between the two visual acuity measurements, this amendment ensures that veterans are not disadvantaged comparative to Centrelink clients.

Amendment

This Guideline is identical to CM5537 Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' with the exception that the visual acuity measurement of:

•      a corrected visual acuity in the better eye of less than or equal to 3/60;

has been replaced with:

•       a corrected visual acuity of less than 6/60 in both eyes.

Issue

Under the Veterans' Entitlements Act 1986, the determination of blindness is required for both income support and disability compensation purposes. However the terminology used is not the same. 'Permanently blind' is used in some income support related sections, while disability compensation provisions use the terms 'no useful sight' and 'blinded in an eye'. None of these terms are defined in the VEA. Legislative change to standardisation of terminology and definitions to align with Centrelink and other agencies will be pursued. However, this policy is to be applied immediately while waiting for legislative change.

Commission Decision

In a decision dated 28 November 2005, the Repatriation Commission AGREED to:

• amend previous Commission Decision CM5537 of 19 December 2003 to specify that in all cases of visual acuity deficits, any veteran who has a 'corrected visual acuity of less than 6/60 in both eyes' is determined to be blind; and
• pursue amendments to the Veterans' Entitlements Act 1986 to clarify the definition of 'blinded in an eye'.

Effect of this decision

In cases of visual acuity deficits, this Commission Decision means that effectively Disability Compensation and Income Support decisions at all levels will determine to be blind any veteran who has a corrected visual acuity of less than 6/60 in both eyes.

Veterans, whose blindness claims have been disallowed due to the previous definition, should be encouraged to re-apply.

In cases of visual field deficits or combinations of deficits, a veteran should be deemed to be blind only if he or she is assessed at 85 impairment points by an ophthalmologist.

Contact

For any further information concerning this Guideline contact Fiona Tuckwell, Director Veterans' Compensation Policy, on 02 6289 1153