12.7.13 Inclusion of DRCA/VEA conditions where no PI/DCP has been paid

Where there are outstanding DRCA PI claims registered and still undergoing investigation, it is advisable that the MRCA PI assessment should await the outcome of the DRCA determination/s. The MRCA PI delegate should liaise with their DRCA PI colleagues to gauge how long the investigation may take. A delegate should however use their discretion here. In cases where it is highly unlikely the DRCA PI claim would ever succeed (e.g. tinnitus) then it may be possible for the MRCA assessment to proceed.

In cases where DRCA PI has not been claimed, a delegate should again use their discretion. If the DRCA accepted conditions are limited to conditions which have likely resolved (e.g. a sprain of the finger accepted in 1998) or are conditions which may never incur a PI payment (such as tinnitus), then the delegate should not set aside the MRCA assessment on that basis. Further, a delegate may decide to contact the veteran to gauge whether they intend on claiming PI for their newly accepted DRCA condition(s) and, depending on the outcome of the conversation, the delegate may decide to set aside the MRCA assessment or proceed with determining the claim.

Where no DRCA lump sum has been paid because the client declined payment so that their VEA DCP would not be affected, or DRCA PI is unlikely ever to be paid because the client has a condition which will fully resolve and has only claimed liability in order to get rehabilitation, treatment, incapacity payments etc. the delegate should include that DRCA condition in Steps 1, 3 and 6 with an impairment rating of 0.

Where no DCP is payable because there is ‘no incapacity found’ a delegate should include that VEA condition in Steps 1, 3 and 6 with an impairment rating of 0.