Permanent Impairment
Section 347 of the MRCA allows a delegate who did not make the original MRCA permanent impairment determination to vary, revoke or confirm that determination based on the merits of the claim.
Section 347 of the MRCA allows a delegate who did not make the original MRCA permanent impairment determination to vary, revoke or confirm that determination based on the merits of the claim.
Section 347 of the MRCA does not specify a timeframe for when an initial liability decision can be varied or revoked.
Initial liability decisions under the MRCA may be varied or revoked to:
The following scenarios show a notional assessment calculation:
Scenario 1: DRCA PI lump sum of $48,282.52 in respect of Posttraumatic stress disorder.
Posttraumatic stress disorder is under the VEA WEF 18/06/2023
DCP currently paid at 100% WEF 18/06/2023.
VEA offsetting delegates process clearances for the following types of compensation:
Examples of review own motion under the DRCA include:
varying diagnosis
revoking liability for condition(s) accepted under the DRCA as period of service not covered under the Act
accepting condition under the DRCA
changing Standard of Proof the condition was accepted under.
When finalising review own motion determinations, the same appeal rights are applied as per the primary decisions.
For VEA and MRCA the appeals pathway is still the Veterans' Review Board (VRB).
For the DRCA it is the Appeals team in the first instance, then the ART.
Intervention can also occur during an open VRB case.
The process and need to involve other business areas will depend on the circumstances of the review.
DCP scenario |
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Liability decisions under the VEA can only be revoked on the grounds that are set out in section 31 of the VEA. These include:
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