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3.5.2 Applying the correct standard of proof

Claims that relate to warlike and/or non-warlike service attract the reasonable hypothesis (RH) test.  Claims that relate to peacetime service attract the balance of probability (BOP) test.

Many MRCA claimants will have more than one type of service.  Some claimants will have several discrete periods of warlike/non-warlike service interspersed with peacetime service.  Care must be taken to ensure the correct service type is attributed to the claimed condition with the correct standard of proof applied when determining the claim.  This has implications for the amount of permanent impairment compensation that may be payable.

For persons with a service history that includes both peacetime and warlike/non-warlike service, it is important that the RH test is considered in the first instance.  All possible connections to service should be exhausted before considering the claim by applying the BOP test that applies to peacetime service.

This will ensure the correct compensation factor is applied within the Guide to Determining Impairment and Compensation (GARP M).  The GARP M tables reflect the different types of service:  warlike/non-warlike and peacetime.  A more beneficial compensation payment is a likely outcome for claims accepted as related to warlike/non-warlike service.