For a claim in respect of a death, disease [2] or injury [2] to be accepted, the death, disease or injury needs to be causally related to the veteran's or member's VEA [2] service. Service does not have to be the only cause however, provided that the person's service contributed to a material degree.
More ? [3]
A pre-existing injury or disease may be accepted as defence-caused on the grounds that defence service or peacekeeping service [2] materially contributed to, or aggravated the disease or injury. The injury or disease must be made worse permanently not just temporarily. It is likely that eligible service has aggravated the condition if:
The VEA provides for compensation for injury, disease or death if it is linked to the veteran or member's service. These provisions also cover, in certain situations, injury, disease or death that occurs due to:
The Commonwealth is not liable in respect of the death, injury [2] or disease [2] where it:
Injuries occurring during domestic activities or live-in accommodation
Section 4.4.6 [19]
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 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
Veterans' Entitlements Act 1986.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
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).
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15968%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn72
[4] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn73
[5] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn74
[6] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn75
[7] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn76
[8] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn77
[9] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn78
[10] https://clik.dva.gov.au/book/export/html/15968#tgt-cspol_part4_ftn79
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/442-relationship-injury-or-disease-service
[12] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn72
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/443-service-contributed-or-aggravated-pre-existing-injury-or-disease
[14] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn73
[15] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/444-sporting-injuries
[16] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn74
[17] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/445-travelling-and-duty
[18] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn75
[19] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/446-injuries-occurring-during-domestic-activities-or-live-accommodation
[20] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn76
[21] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/447-injuries-resulting-medical-treatment
[22] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn77
[23] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/448-attendance-social-occasions
[24] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn78
[25] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/449-serious-default-wilful-act-breach-discipline
[26] https://clik.dva.gov.au/book/export/html/15968#ref-cspol_part4_ftn79