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Veterans

12. Permanent Impairment

Authors: Kelly Angus
Firm / Chambers:
Last updated: 27 Aug 2015
    12. Permanent Impairment
  • Australian Defence Force (ADF) veterans with a service-related injury or disease resulting in permanent impairment (PI) may be entitled to compensation in the form of a PI payment.
  • Permanent impairment compensation aims to address personal functional loss such as pain, suffering and lifestyle restriction. It is not designed to compensate for economic loss.
  • PI payment entitlements may be available if:
    • you rendered ADF service;
    • your injury or disease relates to that service;
    • you have suffered physical or mental impairment as a result of your injury or disease;
    • it is likely that the impairment will continue indefinitely; and
    • the injury or disease has stabilised.
  • This does not mean that you cannot receive a payment until your injury or diseases stabilises. Interim permanent impairment compensation may be available if:
    • you have suffered an impairment as a result of a service-related injury or disease;
    • the impairment will most likely continue indefinitely;
    • your impairment satisfied some minimum severity thresholds; and
    • your degree of impairment has not be finally assessed because it is yet to stabilise.
  • Your level of compensation will be dependent on the degree of physical and mental impairment you suffer as a result of your conditions and the effect of your impairment on your lifestyle.
  • The Department of Veterans Affairs (DVA) refers to a set of impairment guidelines when undertaking this assessment. The guides include the Guide to Determining Impairment and Compensation (GARP M) and Comcare’s Guide to the Assessment of the Degree of Permanent Impairment (2nd edition).
  • If the DVA finds that you are entitled to compensation for PI you can receive the payment as either a fortnightly periodic payment or a lump sum that is calculated according to your age at the date of the compensation offer.
  • Normally your entitlement for PI payments will be considered during the needs assessment carried out after DVA accepts liability for your conditions or at other times if your circumstances change.
  • If you are entitled to permanent impairment payments you may also wish to investigate additional compensation under the Defence Act 1903 and the Veterans’ Entitlements Act 1986 (VEA). A lawyer with experience in veterans' affairs will be able to advise you on the potential range of entitlements.
  • You can use our free Find a Lawyer directory to contact a lawyer near you.

 

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