Decision by the Federal Court on DVA’s interpretation to be handed down soon

Veterans Outraged by DVA’s interpretation of S13 (4) of MRC (CTP) Act 2004 – Decision by the Federal Court on DVA’s interpretation to be handed down soon.

Currently, under the offsetting rules referred to in the title,  the following situation can happen:

  • A member breaks his/her right wrist whilst on deployment pre-July 2004
  • Member is assessed for compensation under SRCA at 10% for loss of right wrist
  • Member redeploys post-July 2004 and breaks left (other) wrist
  • DVA assess newly broken wrist and determine 10% loss
  • DVA then use a formula to determine overall loss
    Astoundingly, DVA offset previous payment for broken right wrist against broken left wrist – Veteran receives no further compensation.

For more information regarding offsetting of injuries by DVA and Military compensation generally contact Dean Wright, Solicitor, on 1300 174 247.

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