VEA → [2]
Last amended: 12 August 2022
Eligible veterans [3], who in extremely rare circumstances suffer from symptoms of an unidentifiable medical condition [3], may be able to receive treatment for those symptoms at departmental expense. Immediate treatment may be important in preventing deterioration of the condition.
More → [4]
Veterans who have a Repatriation Health Card - For All Conditions [3] (Gold Card) can already obtain necessary treatments for all medical conditions at departmental expense. No determination under this special provision will be made.
More → [5]
A veteran, a member of the forces [3], or a peacekeeper who:
and
may be granted treatment for the symptoms of the claimed condition.
If the unidentifiable medical condition is later diagnosed and determined not to be war caused, or defence caused, then the veteran will no longer be eligible for treatment at the departmental expense unless another treatment entitlement exists.
VEA → [6]
The Repatriation Commission [3] can only form its opinion that a veteran's symptoms are from an unidentifiable condition after considering the informed advice of an appropriate person who will determine whether the veteran's condition satisfies the diagnostic criteria in current evidence-based medicine. At present the only 'appropriate person' nominated by the Repatriation Commission is the Senior Medical Adviser.
As soon as a diagnosis of claimed symptoms is made, the claim must be determined. Thereafter normal treatment entitlements will apply.
The period in respect of which costs of treatment may be reimbursed under the Determination is three (3) months before the date on which the veteran made the claim for a pension, to and including the date on which the claim is determined.
Veterans who do not hold a Gold Card who are granted treatment for their unidentifiable condition and who have no other treatment entitlement will be issued with a Veteran White Card. This entitles an eligible veteran to a wide range of public and private health care services for treatment provided under the Repatriation Health Care system at departmental expense for their specified condition.
If the condition is rejected as not being war caused, and no other entitlement exists, the white card for the unidentifiable condition is withdrawn.
More → [7]
The type of treatment that a veteran can utilise includes:
There is no application form for claiming treatment benefits where a claimed condition cannot be identified. Treatment benefits will be considered as part of normal Disability Compensation Payment claim processing actions. However, veterans may, on the claim, or later by letter, request that consideration be given to granting these special treatment benefits.
A veteran who is granted treatment for an unidentifiable condition(s) may be entitled to payment of veterans supplement [3].
More → [8]
Claims for treatment that are refused may be appealed to the Federal Court (but not to the Administrative Appeals Tribunal). Alternatively, a veteran may ask the Commonwealth Ombudsman to investigate the circumstances of their claim.
More → [9]
Treatment for Unidentifiable Conditions
Legislation Library
Veterans' Entitlements Treatment (Unidentifiable Condition) Determination 2000 – Instrument No.19/2000
VE-INST/2000/19-Unidentifiable Condition [14]
Repatriation Health Card for all Conditions (Gold Card)
Section 7.1.2 Repatriation Health Card - For all Conditions (Gold Card) [16]
For the purposes of Part VI of the VEA [24], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [24], according to subsection 5C(1), veteran means a person (including a deceased person):
A condition that, in the opinion of the Repatriation Commission, is a medical condition that does not satisfy diagnostic criteria in current evidence-based medicine.
The Repatriation Health Card - For All Conditions is gold in colour and frequently referred to simply as the “Gold Card”. The card entitles its holder to obtain health care and related services for all the person's identified health care needs, whether they are war-caused or not.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
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.
According to subsection 120(7) of the VEA [24], 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:
Warlike service is defined in Subsection 5C(1) VEA [25] to mean:
See also definition of war like operations [3].
Non-warlike service is defined in Subsection 5C(1) to mean:
Non-warlike service includes operations with a limited objective and casualties could occur but are not expected. The only force allowed is in self-defence.
According to Section 179 [24]of the VEA [24], the Commission is a body corporate under the name of Repatriation Commission.
According to Section 179 [24]of the VEA [24], the Commission is a body corporate under the name of Repatriation Commission.
Respite care is care provided for one member of a couple in a nursing home or hostel on a temporary basis so that their partner can have a break from providing care. For care to be recognised as respite care under the VEA, it must be Government subsidised care provided under the Aged Care Act 1997.
A pensioner receiving such care, and their partner (a respite care couple), are entitled to be paid the single rate of pension.
For the full definition of respite care, refer to subsection 5NC(8) of the VEA [24].
The veterans supplement was introduced on 20 September 2009 as part of the Government's Secure and Sustainable Pension Reform package. It is a fortnightly payment that replaces pharmaceutical allowance [3] and/or telephone allowance [3] for compensation recipients who are not in receipt of an income support supplement [3]. There are two rates, the veterans supplement low rate and the veterans supplement high rate. The low rate replaces one of the allowances and the high rate replaces both. The low rate is indexed every January to the Consumer Price Index [3] (CPI). The high rate is always twice the amount of the low rate.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16787%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16787#tgt-cspol_part7_ftn41
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16787#tgt-cspol_part7_ftn42
[5] https://clik.dva.gov.au/book/export/html/16787#tgt-cspol_part7_ftn43
[6] https://clik.dva.gov.au/book/export/html/16787#tgt-cspol_part7_ftn44
[7] https://clik.dva.gov.au/book/export/html/16787#tgt-cspol_part7_ftn45
[8] https://clik.dva.gov.au/book/export/html/16787#tgt-cspol_part7_ftn46
[9] https://clik.dva.gov.au/book/export/html/16787#tgt-cspol_part7_ftn47
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits/71-treatment-departmental-expense
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-6-veterans-compensation-allowances-and-benefits/610-veterans-supplement
[12] clik://LEGIS/VEA/section 88A(1)
[13] https://clik.dva.gov.au/book/export/html/16787#ref-cspol_part7_ftn41
[14] clik://LEGIS/VE-INST/2000/19-Unidentifiable Condition
[15] https://clik.dva.gov.au/book/export/html/16787#ref-cspol_part7_ftn42
[16] https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits/71-treatment-departmental-expense/712-dva-health-cards
[17] https://clik.dva.gov.au/book/export/html/16787#ref-cspol_part7_ftn43
[18] clik://LEGIS/VEA/section 80(1)
[19] https://clik.dva.gov.au/book/export/html/16787#ref-cspol_part7_ftn44
[20] https://clik.dva.gov.au/book/export/html/16787#ref-cspol_part7_ftn45
[21] https://clik.dva.gov.au/book/export/html/16787#ref-cspol_part7_ftn46
[22] http://ombudsman.gov.au/
[23] https://clik.dva.gov.au/book/export/html/16787#ref-cspol_part7_ftn47
[24] http://clik.dva.gov.au/legislation-library
[25] http://www.comlaw.gov.au/Details/C2015C00011