Where a veteran or dependant recovers third party damages for the same cause of action or the same death, the entitlement to medical treatment compensation for that cause of action or death ceases. However, this does not always mean that the person loses entitlement to their DVA Health Care Card.
White card
If all service-related conditions are the same cause of action as the damages award, the veteran may no longer be entitled to their White DVA Health Care Card,
If even one condition remains, or there is a Non-Liability Health Care condition not involved in the common law action, the veteran must retain their White DVA Health Care Card.clik://legis/MRC-ACTS/MRCA/S5clik://legis/MRC-ACTS/MRCA/S402
Gold Card
DVA Gold Health Care Card holders must retain their card, but cannot access treatment at DVA expense for the conditions involved in the common law action,
This is because despite the common law damages, the veteran retains their overall combined impairment points (giving rise to the Gold Card entitlement), as assessed and determined by the permanent impairment delegate.
A veteran or dependant’s future card usage should be monitored on a regular basis to ensure the Department is not providing medical treatment compensation for the same cause of action (including same death) as a damages award.