C27/2005 New claims and applications for increases by persons with eligible service under both the VEA and the MRCA
DATE OF ISSUE: 16 March 2006
New claims and applications for increases by persons with eligible service under both the VEA and the MRCA
Purpose |
This instruction is to advise claims assess — ors on the policy to be followed where a person with eligible service under the Veterans' Entitlements Act 1986 (VEA) and defence service on or after 1 July 2004 under the Military Rehabilitation and Compensation Act 2004 (MRCA), lodges a claim or an application for an increase. Note: Instructions relating to dual eligibility claims under the Safety Rehabilitation and Compensation Act 1988 and the MRCA are provided in Policy Instruction Number 5 “Determining which Act applies to persons with service “before, and on or after, 1 July 2004”. |
Background |
The MRCA applies to an injury, disease or death related to any defence service rendered on or after 1 July 2004. The MRCA covers warlike, non-warlike or peacetime service rendered by full-time permanent Defence Force members, full-time Reservists, part-time Reservists, former members, Cadets, Instructors and Officers of Cadets or declared members on or after 1 July 2004. The MRCA also covers an aggravation or a material contribution to an injury or disease if the aggravation/material contribution occurred on or after 1 July 2004, even where the original injury/disease was sustained or contracted before that date. In short, a claimant may have eligibility under both the VEA and the MRCA. This DI refers to claimants with this dual eligibility. |
The Consequential and Transitional Provisions |
The Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (C&TP A — ct) contains the legislative provisions which guide the handling of VEA claims and “Applications for Increases” (AFIs) where a person has service either “on or after 1 July 2004” or “before, and on or after, 1 July 2004”. |
Injury, disease and death to which MRCA applies not VEA |
Subsection 7(1) of the C&TP A — ct states that the MRCA applies to injury, disease or death where the injury was sustained, the disease contracted or the death occurred on or after 1 July 2004 and:
A complementary consequential new subsection 9A(1) and 70A(1) of the VEA prevents the post 1 July 2004 matter from being dealt with under the VEA. |
Aggravation and material contributions due to MRCA service |
Subsection 7(2) of the C&TP Act is similar to subsection 7(1) but applies to aggravations of an injury or disease. It states that the MRCA applies to aggravation or material contribution to an injury or disease (or a sign or symptom of an injury or disease) where the aggravation or material contribution occurs on or after 1 July 2004 (even if the original injury or disease was before that date) and:
A complementary consequential new subsection 9A(2) and 70A(2) of the VEA prevents the post 1 July 2004 matter from being dealt with under the VEA; however, any VEA pension in relation to that original injury or disease continues to be payable under the VEA. |
Meaning of “before, and on or after,” |
Subsection 7(3) of the C&TP Act states: (3) To avoid doubt, defence service is rendered before, and on or after, the commencement date whether the service spans the commencement date or is rendered during separate periods before, and on or after that date. |
Material contribution |
The Federal Court has interpreted that the word “material” indicates a contribution that is above a trivial contribution (ie. above de minimus in legal terms). In the context of the C&TP Act and the MRCA, it should be noted that the material contribution can come from service either “on or after 1 July 2004” or “before, and on or after, 1 July 2004”. It is not necessary for the material contribution to come solely from post 1 July 2004 service for a claim to be a MRCA claim but some material contribution must occur after 1 July 2004. |
Choice where there is aggravation or material contribution by MRCA service to a VEA accepted injury or disease |
Section 12 of the C&TP Act provides that where a veteran/member has an accepted disability under the VEA and either lodges:
the client must make a choice between proceeding under the VEA or under the MRCA. Section 12 of the C&TP Act applies to a veteran/member/former member who has had MRCA service on or after 1 July 2004 which has aggravated or materially contributed to the VEA accepted condition. The onus is on the Department to investigate the matters to which a claim refers and to consider all matters that are relevant to the claim. Where a veteran, member/former member lodges a claim under the VEA and the claims assessor determines a service contribution post 1 July 2004, the claims assessor must provide the client with a section 12 election letter. (See attachments – Section 15 letter, Comparison of Benefits Chart, VEA/MRCA Election Form, Consent Form, Section 14 letter) |
Aggravation or material contribution requires an event or circumstances |
The section 12 choice applies only to aggravations or material contributions to a VEA accepted injury or disease during MRCA defence service. This means that something must have happened on MRCA defence service that has made the VEA injury or disease worse. If a veteran/member/former member lodges a VEA claim or an AFI and investigation establishes that the worsening is not associated with something on MRCA defence service but is, instead, a natural deterioration of the injury or a progression of the disease, it remains a matter for determination under the VEA. A worsening that is attributable to a non-defence service event is also a matter to be determined under the VEA. |
Simultaneous claim for disability and post 1 July 2004 worsening |
While applications for increase are made in relation to a previously accepted VEA condition, there may be cases where a veteran/member/former member applies for a new disability pension under section 14 of the VEA, and there is indication of a post 1 July 2004 worsening of that same condition. In these cases the claim must proceed in chronological sequence.
* If liability is not found under the VEA, the claim should be referred to the MRCA for consideration of the post 1 July 2004 condition. |
Section 12 election on case by case basis |
Once a person makes a choice under section 12, it can not be changed. If the claim is unsuccessful under the Act of his/her choice, s/he may not have a determination made under the other Act. Review rights apply to decisions made under either Act. S — ection 12 applies each time a VEA condition is aggravated by post 1 July 2004 service. |
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MRCA precludes acceptance of liability
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The MRCA precludes acceptance of liability in a number of cases found in sections 32 to 36 relating to:
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MRCA defence service |
Unless discharge from the Defence Force is on medical or compulsory age retirement grounds, it will be necessary to contact Defence to obtain information on current military status and discharge date before deciding whether the person has had any MRCA defence service. All ADF members completing a period of Permanent Force service or other Reserve services are transferred to the Standby Reserve, unless the member subsequently transfers to an active arm of the reserve. If the claims assessor is satisfied that the VEA claimant has no service on or after 1 July 2004 (including any service with an active arm of the Reserve), normal CCPS investigation of the new claim or AFI should be undertaken. No MRCA consideration needs to take place. |
Sample scenarios |
The following scenarios are intended to illustrat — e the principles discussed above with respect to the application of these provisions. |
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Does VEA or MRCA apply? Scenario A
Injury PRE 1 July 2004, NOT affected by post 1 July 2004 service |
Principle: The VEA continues to apply to new disability claims where the condition occurred (accident, diagnosis, aggravation or death) before 1 July 2004 and is related to service prior to 1 July 2004 only. Example: A member injured his ankle whilst on non-warlike service in April 2000, and there is no service-related activity on or after 1 July, 2004 that contributes to his condition. He submits a claim for compensation for that injury in September 2005. Although this claim is lodged in 2005, it relates to a condition that occurred entirely before 1 July 2004. The claim must be determined under the VEA. |
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Does VEA or MRCA apply? Scenario B
Injury PRE 1 July 2004, affected by post 1 July 2004 service |
Principle: A claimed condition can be related to service events both before and after 1 July 2004. Where service spans both the VEA and the MRCA, liability must be determined first under the VEA. Section 12 of the C&TP Act requires that the client elect to pursue the post 1 July 2004 worsening under either the VEA or the MRCA. Example A: A serving member has an accepted VEA condition for a knee injury related to a n — on-warlike service accident in 2000. He continues to serve. In September 2005, the knee flares up rendering him unable to continue serving. He submits an application for increase for that injury in October 2005. In this example the original injury has already been determined under the VEA. The flare up in October (unless it is a non-service related worsening) must be subject to an election under section 12 of the C&TP Act. Example B: A serving member sustains a knee injury in a n — on-warlike service accident in 2000. (No VEA claimed at this point). He continues to serve. In September 2005, the knee flares up rendering him unable to continue serving. He submits a claim for compensation for that injury in October 2005. In this example, the claim must be handled in the chronological sequence. T — he original injury must be determined under the VEA. T — he flare up in October 2005 must be subject to an election under section 12 of the C&TP Act. If the client elects to pursue an aggravation under the MRCA, a whole person impairment will be determined under the MRCA and the amount payable under the MRCA will be reduced by the disability pension payable under the VEA. Treatment, incapacity payments, and rehabilitation benefits are to be determined under the MRCA for the effects of the aggravation only.
In Example B, w — here a claim is to be assessed under both Acts, 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 Acts, the member is asked to sign a release form. The claim must be determined under the VEA and a section 12 choice must be provided for the aggravation. |
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Does VEA or MRCA apply? Scenario C
Injury POST 1 July 2004, affected by service POST 1 July 2004 |
Principle: The MRCA is to be used to provide benefits for members whose conditions occur after 1 July 2004 and which relate to service either on or after 1 July 2004, or before, and on or after 1 July 2004. Example: A member enlisted in 1990 with no history of leg problems. He served without any medical treatment whatsoever. In October 2004, he complains of shin splints for which he eventually seeks medical treatment in December 2004. He continues to serve until August 2005 when he is medically downgraded and submits a claim for compensation for that injury. The condition occurred after 1 July 2004, and service activities before, and on or after that date contributed to the condition. For the purpose of applying the Statement of Principles (SOPs), the entirety of service activities may be considered. The claim must be determined under the MRCA. |
______________________________________________________________________________
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Where person insists on a determination
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The person may not understand which legislation applies to his or her circumstances. Where the person makes a claim under the VEA when in fact the claim falls under the MRCA, the claims assessor should indicate this to the person and with their concurrence proceed with the claim under the MRCA. If the person or his/her representative insists on a determination under the VEA, then the claims assessor should make such a determination. |
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Contact
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This instruction can not cover all possible scenarios that might arise. Staff are encouraged to contact National Office for clarification on cases where there is uncertainty. Please contact David Goldrick on 11119, Brenda Franklin on 16426 or Jennifer Stephenson on 16 — 572 in the Compensation Policy Group if you require further information.
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Authorized by:
Mark Johnson
Branch Head
Military Compensation
Carolyn Spiers
Branch Head
Veterans Compensation
March 2006
1234567
File Reference: ******
Name****************************
Address**************************
********************************
********************************
Dear M* ********
Re: VEA Application for Increase
You recently applied for an increase in disability pension under the Veterans' Entitlements Act 1986 (VEA) because the incapacity from your (insert condition) has worsened.
On 1 July 2004, the Military Rehabilitation and Compensation Act 2004 (MRCA) came into effect. The MRCA provides members and their families with compensation for injury, disease or death related to defence service rendered on or after 1 July 2004.
If the incapacity from the (insert condition) has increased as a result of your defence service on or after 1 July 2004, you may be eligible to claim compensation under the MRCA instead of an increase in disability pension under the VEA.
Where a member has an injury or disease accepted under the VEA, and defence service on or after 1 July 2004 has aggravated that condition or made a material contribution to the worsening of that condition, the MRCA gives the member a choice of:
- making a claim under the MRCA for the aggravation or material contribution of the VEA accepted injury or disease; or
- lodging an application for an increase in disability pension under the VEA.
It is important that you consider fully the benefits under both Acts before you make your decision. The option that you choose cannot be changed later even if your claim is unsuccessful.
The attached chart provides an outline of the types of compensation benefits available under the two Acts. These benefits depend on eligibility criteria which may or may not apply to your particular circumstances.
If you wish to seek assistance in making your choice, you may contact a Service or an Ex-Service organisation for the location of an advocate trained to deal with matters under the MRCA.
Once you have made your choice, please complete and return the attached VEA/MRCA Election Form.
The Privacy Act 1988 requires us to obtain your consent to use the information already collected as part of your application under the VEA for investigating your MRCA claim. Please sign the enclosed consent form so that we can deal with your claim more speedily by using information already available. In some cases, it may be necessary for further investigation to take place and we will be in contact with you if this is the case.
Yours sincerely
**************************
Delegate of the Military Rehabilitation and Compensation Commission
Date**********
Encl: Comparison of Benefits Chart
VEA/MRCA Election Form
Consent Form
Comparison of Benefits
MEMBER/ VETERAN |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Compensation for Permanent Impairment |
Disability pension - tax-free fortnightly payments paid for life whilst service related incapacity exists. Rate payable depends on the degree of service-related incapacity. The General Rate ranges from 10% to 100%. The Special (Totally and Permanently Incapacitated) (T&PI) Rate is paid where a veteran:
The Intermediate Rate disability pension is paid where a veteran:
Special and Intermediate Rates are generally not payable if a person is aged 65 or more at the date of application. The Extreme Disablement Adjustment is payable to persons 65 and over with severe service related disabilities who are not eligible for the Special or Intermediates Rates. See DVA Facts * DP 01, DP 28, DP 29, DP 30, DVA 12 |
Permanent impairment payments – tax-free periodic payments paid for life whilst service related impairment exists. Rate payable depends on the degree of service related impairment. May be converted to an age-based lump sum or a combination of periodic payments and lump sum. If eligible for the maximum permanent impairment payment, a lump sum payment is payable to dependent children. See DVA Facts * MRC 07 and MRC 20 |
|
MEMBER/ VETERAN |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Compensation for Inability to Work |
Loss of Earnings Allowance (LOE) is paid where treatment for an accepted disability, results in an actual loss of earnings not compensated from another source. LOE tops up the disability pension to the Special Rate or pays the amount of salary, wages or earnings actually lost, whichever is the lesser amount. See DVA Facts * DP 75Temporary Incapacity Allowance (TIA) is paid where hospital or institutional treatment has resulted in an incapacity for work for a period of in excess of 28 days. TIA tops up the disability pension to the Special Rate. See DVA Facts * DP 77Special and intermediate Rates contain an element of compensation for inability to undertake paid work and an element for service related incapacity See Compensation for Permanent Impairment above. |
Incapacity payments - taxable periodic payments for loss of earnings due to inability to work because of service related injury or disease. Incapacity payments make up the difference between normal Defence earnings and actual earnings. Incapacity payments are offset by Commonwealth funded superannuation a member is receiving. An additional amount is added to the normal earnings of discharged full-time or continuous full-time service members. Not generally payable past age 65. See DVA Facts * MRC 08 Special Rate Disability Pension (SRDP) - tax-free periodic payments that can be paid instead of incapacity payments where a member:
SRDP is aligned to VEA Special (T&PI) Rate and is then offset by any permanent impairment payments (or disability pension) the member receives and is payable for life. SRDP is offset by the Commonwealth funded component of superannuation a member is receiving. See DVA Facts * MRC 09 and MRC 21 |
MEMBER/ VETERAN |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Rehabilitation |
Veterans' Vocational Rehabilitation Scheme provides vocational rehabilitation. This is a voluntary scheme which is limited in scope and assistance. See DVA Facts * HSV 108 |
Where member has an injury or disease accepted as service related, all rehabilitation required or deemed appropriate to return the person to at least the same physical and psychological state and at least the same social, vocational and educational status as he or she had before the injury or disease. See DVA Facts * MRC 05 |
Attendant Care Services |
Attendant Allowance is paid where an attendant is needed because of accepted service related multiple amputations, blindness, disease affecting the cerebro-spinal system or a condition accepted as being similar in effect or severity. See DVA Facts * DP 72 |
Reimbursement for the cost of a personal attendant reasonably required as a result of the accepted conditions up to a weekly maximum amount. See DVA Facts * MRC 12 |
Household Care Services |
Rehabilitation Appliances Program - Low level domestic support services according to assessed need (Gold Card holders) or assessed need related to accepted disability (White Card holders). See DVA Facts * HSV107 Veterans Home Care - Up to 15 hours per year of garden maintenance (safety related only) and home maintenance. See DVA Facts * HCS07 |
Reimbursement for the cost of household services reasonably required as a result of the accepted conditions up to a weekly maximum amount. MRCA Home Care for Gold and White Card holders needing household care for non-accepted conditions. See DVA Facts * MRC 11 |
MEMBER/ VETERAN |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Vehicle Purchase, Modification and Maintenance |
Vehicle Assistance Scheme – Assistance with purchase of a new vehicle with necessary modifications for certain amputees, complete paraplegics, or person who has equivalent condition where benefit will be derived from owning a vehicle. Annual maintenance allowance towards running costs. See DVA Facts * DP78 Rehabilitation Appliances Program – Vehicle modifications necessary for accepted disabilities. See DVA Facts * HSV107 |
Motor Vehicle Compensation Scheme - Reasonable cost of modifications to vehicle reasonably required as a result of accepted injury or disease. Assistance to purchase new or second hand vehicle where benefit will be derived from owning a vehicle or where existing vehicle can not be modified. See DVA Facts * MRC 10 |
Medical expenses |
Provision of a White Repatriation Health Card for the treatment of accepted disabilities only. See DVA Facts * HSV 01 & HSV 61Provision of a Gold Repatriation Health Card for treatment of all conditions whether service related or not in certain circumstances. See DVA Facts * HSV 01 & HSV 60 |
For permanent force members and reservists on continuous full-time service, the Defence Health Service provides health care. DVA only provides health care for these members in limited circumstances. For discharged members, part-time reservists, cadets and declared members, the MRCA provides:
Reimbursement is provided for acute injuries. See DVA Facts * MRC 22 |
MEMBER/ VETERAN |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Attendance for medical treatment |
Repatriation Transport Scheme provides for the cost of travel to the closest practicable approved health provider by the most economical and suitable means of travel. Assistance is also provided for the cost of meals and accommodation in certain circumstances.
Where an attendant is required, assistance is provided with the attendant's costs.
Set rates apply. See DVA Facts * HSV124 |
Reimbursement of reasonable costs incurred for transport and where necessary, accommodation and meals where the return journey exceeds 50 kilometres or public transport was used. Reasonable costs for an attendant may also be reimbursed. |
Pharmaceutical Benefits |
Pharmaceuticals at concession rates plus a fortnightly allowance for persons eligible for White or Gold Repatriation Health Card. See DVA Facts * IS14 |
See DVA Facts * MRC 23 |
Transport Assistance for Recreation |
Recreation Transport Allowance for veterans severely incapacitated by service related disabilities that affect mobility. See DVA Facts * DP76 |
Not available |
MEMBER/ VETERAN |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Home modifications |
For disabilities accepted as service related for veteran who holds a White Repatriation Health Card. For any condition where there is a clinical need for veteran who holds a Gold Repatriation Health Card. See DVA Facts * HSV 105 |
Alterations that are reasonably required due to the member's service related injury or disease. Alterations required for any condition where there is a clinical need where the former member holds a Gold Repatriation Health Card. See DVA Facts * MRC 05 |
Aids and appliances |
Aids and appliances according to assessed clinical need:
See DVA Facts * HSV 106, HSV 107 |
Reasonable cost of aids and appliances required:
|
Workplace modifications |
Provided under Veterans Vocational Rehabilitation Service. See DVA Facts * HSV 108 |
Provided through rehabilitation program. All reasonable costs for necessary alterations. See DVA Facts * MRC 05 |
Telephone Allowance |
Quarterly allowance payable to:
See DVA Facts * IS 13 |
Quarterly allowance paid to:
See DVA Facts * MRC 13 |
MEMBER/ VETERAN |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Payment for Cost of Financial Advice |
Not available |
Reasonable costs up to a maximum available where a member or former member:
See DVA Facts * MRC 20 and MRC 21 |
Payment for loss of, or damage to, property or medical aids |
Not available |
Reimbursement of cost of replacing medical aid or appliance which was lost or damaged arising out of and in the course of employment even if member is not injured. |
Income Support |
Means tested service pension and associated allowances where veteran has:
See DVA Facts * IS 01 |
Means tested service pension and associated allowances provided under the VEA for eligible members with warlike service. |
DEPENDANTS |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Widow(er)'s benefits |
Tax-free war or defence widow/er's pension payable fortnightly for life to widow/er of veteran:
See DVA Facts * DP 60 Gold Repatriation Health Card. See DVA Facts * HSV 01 & HSV 60Telephone Allowance See DVA Facts * IS 13Income support supplement (means tested) and associated allowances under certain circumstances. See DVA Facts * IS 03 |
Tax-free death benefit periodic payment equal to VEA war/defence widow/er's pension or age-based lump sum equivalent for a wholly dependent partner where:
An additional tax-free death benefit in a lump sum is provided where death is accepted as service related. Maximum rate payable to wholly dependent partner is aged 40 or under at time of member's death. Rate reduces for older partners. See DVA Facts * MRC 14 Gold Repatriation Health Card. See DVA Facts * MRC 22 Telephone Allowance See DVA Facts * MRC 13Income support supplement (means tested) and associated allowances under certain circumstances. See DVA Facts * IS 03 |
DEPENDANTS |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Dependant children benefits |
Tax-free orphan's pension for dependent children of a deceased veteran who are under 16 or between 16 and 25 and in full-time education where:
Increased payment where both parents deceased or veteran deceased and the child is not being maintained by the other parent. See DVA Facts * DP 60 Veterans' Children Education Scheme (VCES) providing education allowances and other benefits for children of:
Note: Child who is 16 or over cannot receive orphan's pension if receiving VCES education benefits. See DVA Facts * DP 45 Gold Repatriation Health Card for child's health care under same circumstances as orphan's pension where child is under 16 or between 16 and 25 and in full-time education. See DVA Facts * HSV 60 |
De — ath benefits for each wholly or partly dependent child of a deceased member who is under 16 or, between 16 and 25 and in full-time education where:
Death benefit comprises;
**Also available for dependent child of member entitled to maximum permanent impairment compensation. See DVA Facts * MRC 15 Gold Repatriation Health Card for wholly/mainly dependent child eligible for death benefit who is under 16 or, between 16 and 25 if in full time education. See DVA Facts * MRC 22 Education assistance under MRCA Education and Training Scheme for children of:
See DVA Facts * MRC 32 |
DEPENDANTS |
VETERANS' ENTITLEMENTS ACT |
MILITARY REHABILITATION & COMPENSATION ACT |
Other Dependants |
Not available |
Death benefit - tax-free lump sum payment to be shared amongst any family member dependants (other than children and wholly dependent partner) according to financial loss suffered, degree of dependency and length of time dependent on deceased member where:
Set limit applies. See DVA Facts * MRC 16 |
Funeral Assistance |
Payment of up $1,000 for funeral of a veteran where:
Also available for certain dependants who die in needy circumstances. See DVA Facts * BR 01 |
Payment of up to $4977.85 for funeral of a member where:
VEA funeral benefit for:
See DVA Facts * MRC 17 BR 01 |
Bereavement Payment |
Disability pension bereavement payment – payment to the partner of a deceased veteran equal to six fortnights of the veteran's disability pension (up to 100% of the general rate). Income support bereavement payment - payment to partner of deceased service pensioner or income support supplement recipient equal to six fortnights of deceased person's service pension or income support supplement. See DVA Facts * BR 02 |
Payment to the wholly dependent partner of a deceased member equal to six fortnights of the permanent impairment periodic payments, incapacity payments, and Special Rate Disability Pension . If there is no surviving wholly dependent partner, the payment can be made to a dependent child/ren See DVA Facts * MRC 18 Income support bereavement payment provided under VEA to eligible persons. See DVA Facts * MRC 17 and BR 02 |
Payment for Cost of Financial Advice |
Not available. |
Reasonable costs up to a maximum available where a wholly dependent partner is choosing between taking the death benefit as a periodic payment or a lump sum. |
Rights of Review |
Decisions are reviewable by the Veterans Review Board and then by the Administrative Appeals Tribunal. |
Decisions are reviewable either by the Veterans Review Board or an Military Rehabilitation and Compensation Commission delegate, and then by the Administrative Appeals Tribunal. |
Statements of Principles
Statements of Principles are used to determine claims under both the VEA and the MRCA. They are legislative instruments that provide factors determined by the Repatriation Medical Authority to be the cause of certain diseases, illnesses or injuries. The Statements of Principles determine what causes or worsens a medical condition. For liability to be accepted, at least one factor in the relevant Statements of Principles must be met and found to be causally related to service. Veterans and members may wish to review the factors when making their choice to pursue a claim for the worsening of their condition. Please refer to the internet for the Statements of Principles at: http://www.rma.gov.au
Disability Pension versus Whole Person Impairment:
The VEA uses the Guide to the Assessment of Rates of Veterans' Pensions to assess the extent of incapacity from war-caused or defence-caused injury or disease. The effects of the incapacity on lifestyle and the impairment caused by that incapacity are combined to give an overall degree of incapacity. The impairment for each condition is assessed and the ratings are combined. A fortnightly disability pension is then awarded based on the combined impairment and the lifestyle ratings.
The MRCA uses the Guide in a modified form to assess the degree of impairment and lifestyle ratings when determining the compensation payable to a person. It includes an additional section describing the different methods for determining the amount of compensation payable for warlike, non-warlike and peacetime service injuries or diseases.
For more information please see DVA's web sites:
* MRCA Benefits (includes Fact Sheets):
http://www.m — r — cs.g — o — v.a — u/
Eligibility for VEA benefits:
http://www.dva.gov.au/pensions/elmnet/elmnetindex.htm
Types of VEA pension:
http://www.dva.gov.au/pensi — o — ns/types/typeindex.htm
Types of VEA allowances:
http://www.dva.gov.au/pensions/allowances/allowindex.htm
VEA pension rates:
http://www.dva.gov.au/pensions/rates/rateindex.htm
VEA Guide to the Assessment of Rates of Veterans' Pensions 5:
http://www.dva.gov.au/pensions/policy/garp/garp.htm
Consolidated Library of Information and Knowledge:
http://www.dva.gov.au/clik/index.htm
SRCA Benefits:
http://www.dva.gov.au/benefitsAndServices/srca_benefits/Pages/SRCAbenefits.aspx
ATTACHMENT B
VEA/MRCA Election Form
Name: ****************************File No: *******
Please tick one (1) of the following options.
I elect to make a claim for aggravation under the Military Rehabilitation and Compensation Act 2004 (MRCA).
I understand that this means that if my claim under the MRCA is unsuccessful, I will not be able to seek compensation under the Veterans' Entitlements Act 1986.
OR
I elect to proceed with an application for increase under the Veterans' Entitlements Act 1986 (VEA).
I understand that I cannot change the above nominated option at a later date regardless of the outcome of my application.
.................................................../....../....
Signature — Date
ATTACHMENT C
Consent Form
Consent to use information collected for a VEA application for increase, for an MRCA claim for aggravation
Name: ****************************File No: *******
I have elected to claim liability under the Military Rehabilitation and Compensation Act 2004 (MRCA) for the aggravation of/material contribution to the condition of **************.
This is instead of proceeding with my application for an increase in disability pension under the Veterans' Entitlements Act 1986 (VEA).
I consent to the Military Rehabilitation and Compensation Commission using the information previously collected in my application for an increase under the VEA, for the investigation of my MRCA claim.
.................................................../....../....
Signature — Date
ATTACHMENT D
File Reference: ******
Name****************************
Address**************************
********************************
********************************
VEA claim with worsening post 1 July 2004
Dear M* ***
You recently applied for a disability pension for (insert condition) under the Veterans' Entitlements Act (VEA) which further worsened as a result of service on or after 1 July 2004.
On 1 July 2004, the Military Rehabilitation and Compensation Act 2004 (MRCA) came into effect. The MRCA provides members and their families with compensation for injury, disease or death related to defence service rendered on or after 1 July 2004.
Where a member has an injury or disease accepted under the VEA, and defence service on or after 1 July 2004 has aggravated that condition or made a material contribution to the worsening of that condition, the MRCA gives the member a choice of:
- making a claim under the MRCA for the aggravation or material contribution of the VEA accepted injury or disease; or
- lodging an application for an increase in disability pension under the VEA.
It is important that you consider fully the benefits under both Acts before you make your decision on the post 1 July 2004 worsening. The option that you choose cannot be changed later regardless of the outcome of the claim.
The attached chart outlines generally the types of compensation benefits available under the two Acts. These benefits depend on eligibility criteria which might not apply to your particular circumstances.
If you wish to seek assistance in making your choice, you may contact a Service or an Ex-Service organisation for the location of an advocate trained to deal with matters under the MRCA.
Once you have made your choice, please complete and return the attached VEA/MRCA Election Form.
The Privacy Act 1988 requires us to obtain your consent to use the information already collected as part of your application under the VEA for investigating your MRCA claim. Please sign the enclosed consent form so that we can deal with your claim more speedily by using information already available. In some cases, it may be necessary for further investigation to take place and we will be in contact with you if this is the case.
Yours sincerely
**************************
Delegate of the Military Rehabilitation and Compensation Commission
Date**********
Encl: Comparison of Benefits Chart
VEA/MRCA Election Form
Consent Form
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/2005/c272005-new-claims-and-applications-increases-persons-eligible-service-under-both-vea-and-mrca