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12.3.1 Condition occurred on or after 1 July 2004

The condition must occur on or after 1 July 2004.  Delegates should use the date of clinical onset as the date a condition occurred (see 3.4.3 of Chapter 3: Liability).  Therefore, it will be vital for delegates to establish a date of clinical onset based on the medical evidence, with particular weight given to the specialist medical report (SMR).  Assistance can be sought from a Departmental Medical Officer (DMO) if required.  If the date of clinical onset is before 1 July 2004 the MRCA does not apply to that condition.

Example 1:

On 4 August 2006 a member submits a claim for osteoarthrosis (OA) of the right knee.  The member enlisted in the Army in 1995 and is still serving.  The delegate confers with the DMO regarding the medical evidence on file, and establishes the date of clinical onset to be 11 May 2004, when x-rays were conducted following complaints from the member regarding right knee pain.  The MRCA does not apply to the member's condition because the condition occurred before 1 July 2004.

Example 2:

On 30 March 2007 a former member submits a claim for diabetes.  The former member enlisted in Army in 1999 and was discharged in December 2005.  The former member started suffering symptoms such as excessive urination and excessive thirst, accompanied by weight loss, in August 2005.  The former member underwent a diabetes screening test in February 2006 and was diagnosed with diabetes mellitus.  After conferring with the DMO, the delegate decides that clinical onset of this condition was in August 2005, when the former member first started displaying symptoms of the condition.  As the date of clinical onset is after the 1 July 2004, the MRCA may apply to this claim, but only if the condition also relates to service rendered on or after the 1 July 2004, as discussed below.