DATE OF ISSUE: 15 DECEMBER 1999
CLAIMS FROM AUSTRALIAN VETERANS OF THE GULF WAR
Purpose:
The purpose of this instruction is to provide advice to staff in relation to the processing of claims from Australian Veterans of the Gulf War under the new Section 88A of the Veterans' Entitlements Act 1986 (VEA).
Background:
In July 1999 the Minister for Veterans' Affairs, the Hon Bruce Scott MP announced a new strategy designed to deliver more effective health care to service personnel involved in recent and future overseas deployments. This strategy was developed in light of past experience and the continuing concern about the health of Australian Veterans of the Gulf War.
Gulf Veterans will be the first to benefit from this strategy, however it is available to assist all Defence personnel who are deployed in overseas operations, including deployments such as Rwanda, Somalia and Bougainville, as well as East Timor and any other deployments in the near future.
What is this strategy?
This strategy enables DVA to provide early treatment for veterans suffering from acute symptoms but difficult to diagnose conditions.
This will allow veterans such as those who believe they suffer from Gulf War Syndrome to obtain acute care for the symptoms of medical and psychiatric conditions that might not be able to be diagnosed within a reasonable time by the medical community.
Existing arrangements for providing compensation and treatment to those suffering from diagnosable service-related medical conditions continue.
When will this strategy be fully implemented?
The Veterans' Affairs Legislation Amendment Act (No 1) 1999 received Royal Assent on 10 December 1998 and new Section 88A commenced immediately. An instrument to give full effect to the strategy will soon be signed by the Minister. In the meantime, no veteran should wait until this process is finalised before approaching either Veterans' Affairs or the ADF Health services if still serving. Where their illness is presently undiagnosable a claim should be sought from the veteran and lodged so that appropriate investigations, including medical examinations, can be initiated.
Claims from Gulf Veterans:
Gulf veterans, who are suffering ill health, where a specific illness cannot be identified, will be able to have access to early treatment. Those veterans suffering from diagnosable medical conditions will continue to have access to compensation and treatment through the Defence Health system or under the Repatriation system. Some 380 Gulf War Veterans have already successfully claimed assistance from Defence or Veterans' Affairs.
Action:
Claims should be sought from eligible Gulf War veterans presenting with difficult to diagnose symptoms. All claims must be handled by the Senior Compensation Officer in each State Office. When treatment is approved veterans will be issued with a Repatriation Health Card for Specific Conditions. Until the white card is received by the veteran, the letter from the Senior Compensation Officer can be used as authority for treatment. A sample letter is attached.
If you have any queries on this issue, you should contact John Douglas,
Director, Policy Eligibility and Research Section, in National Office, on
02 6289 6485.
W R MAXWELL
BRANCH HEAD
DISABILITY COMPENSATION
December 1999
DEPARTMENTAL INSTRUCTION NO: C37/99 – Gulf War Treatment Letter
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Commonwealth Department of Veterans' Affairs |
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SOUTH AUSTRALIAN OFFICE |
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Contact |
Telephone |
BLACKBURN HOUSE |
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Reference |
Fax |
199 Grenfell Street |
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Adelaide SA 5000 |
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Postal Address: |
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GPO Box 1652 |
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Adelaide SA 5000 |
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Telephone: (08) 8290 0555 |
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15 December 1999 |
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Dear
I have approved your request for treatment under section 88A of the Veterans' Entitlements Act 1986.
You will be shortly issued with a Repatriation Health Card for Specific Conditions, which is known as a white card so that you can received treatment at the Department's expense for clinically necessary and effective treatment.
Until you receive your white card this letter is the authority for investigation and treatment of ...
Yours sincerely
Delegate of the Repatriation Commission
VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (NO. 1) 1999
Schedule 2—Amendments relating to the treatment of veterans
Veterans' Entitlements Act 1986
1 After section 88
Insert:
88A Commission may determine specified veterans are eligible to be provided with specified treatment
(1) The Commission may, by written determination, state that a veteran included in a specified class is eligible to be provided with treatment of a specified kind under this Part.
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
2 Subsection 90(8)
Omit “87 or 88”, substitute “87, 88 or 88A”.