VEA ? [2]
VEA ? [3]
A pre-existing injury [4] or disease [4] may be accepted as defence-caused on the grounds that defence service or peacekeeping service [4] materially contributed to, or aggravated the disease or injury.
For a disease or injury to be accepted as having been aggravated, the condition needs to have been made permanently worse not just become worse temporarily. Some injuries and diseases have recurrent episodes. The fact that one of these episodes occurs during a period of eligible service does not necessarily mean that the condition is worse than it otherwise would have been. It is likely that eligible service has aggravated the condition if the person:
VEA ? [5]
A member needs to have had at least six months defence service for an injury or disease to be accepted as defence-caused on the grounds of material contribution or aggravation by defence service or peacekeeping service [4]. However, if the member has rendered hazardous service [4], the six months minimum period of defence service or peacekeeping service [4] does not apply.
More ? [6]
VEA ? [7]
For veterans who did not render operational service [4], the eligible war service [4] which contributed to the injury or disease or which aggravated the injury or the disease needs to have been for a period of six months or longer. If a veteran has rendered operational service, the six months minimum period of eligible war service does not apply.
More ? [8]
Section 8(1) (e) [9] VEA - War-caused death - veterans
Section 9(1) (e) [9] VEA - War-caused injuries or diseases - veterans
Section 70(5) (d) [9] VEA Member of Peacekeeping Force
Section 70(5A) (d) [9] VEA Member of the Forces
Section 8(1) (e) [9] VEA - War-caused death - veterans
Section 9(1) (e) [9] VEA - War-caused injuries or diseases - veterans
Section 70(5) (d) [9] VEA Member of Peacekeeping Force
Section 70(5A) (d) [9] VEA Member of the Forces
Section 8(5) [9] VEA - War-caused death
Section 9(6) (b) [9] VEA - War-caused injuries or diseases
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
According to subsection 5D(1), disease means:
but does not include:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
According to subsection 120(7) of the VEA [17], Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.
Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
Operational service is generally service performed:
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
Eligible war service is:
Section 7 of the VEA provides a full definition of eligible war service.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15954%23comment-form
[2] https://clik.dva.gov.au/book/export/html/15954#tgt-cspol_part4_ftn84
[3] https://clik.dva.gov.au/book/export/html/15954#tgt-cspol_part4_ftn85
[4] https://clik.dva.gov.au/%23
[5] https://clik.dva.gov.au/book/export/html/15954#tgt-cspol_part4_ftn86
[6] https://clik.dva.gov.au/book/export/html/15954#tgt-cspol_part4_ftn87
[7] https://clik.dva.gov.au/book/export/html/15954#tgt-cspol_part4_ftn88
[8] https://clik.dva.gov.au/book/export/html/15954#tgt-cspol_part4_ftn89
[9] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[10] https://clik.dva.gov.au/book/export/html/15954#ref-cspol_part4_ftn84
[11] https://clik.dva.gov.au/book/export/html/15954#ref-cspol_part4_ftn85
[12] https://clik.dva.gov.au/book/export/html/15954#ref-cspol_part4_ftn86
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types
[14] https://clik.dva.gov.au/book/export/html/15954#ref-cspol_part4_ftn87
[15] https://clik.dva.gov.au/book/export/html/15954#ref-cspol_part4_ftn88
[16] https://clik.dva.gov.au/book/export/html/15954#ref-cspol_part4_ftn89
[17] http://clik.dva.gov.au/legislation-library