Permanent Impairment Payments Under MRCA: Everything Veterans Need to Know

Permanent impairment payments are tax-free lump sum compensation payments available to current and former ADF members who have suffered permanent physical or mental impairment as a result of service-related injuries or diseases that occurred on or after July 1, 2004. These payments recognise the non-economic effects of permanent impairment, including pain, suffering, functional loss, and the effects on your lifestyle.

You may be eligible for permanent impairment compensation if:

1. You have a service-related injury or disease that occurred on or after July 1, 2004
2. Your condition has stabilised and is unlikely to improve significantly with further treatment
3. Your impairment has been assessed as permanent
4. Your impairment meets the minimum threshold requirements

For a single impairment to qualify for compensation, it must be assessed at 10 impairment points or more. However, if you have multiple impairments resulting from separate conditions, these may be combined if each impairment is assessed at 5 impairment points or more.

Permanent impairment payments are calculated based on:

1. The number of impairment points assigned to your condition(s)
2. Your age at the time of assessment
3. Whether you have dependent children
4. The statutory maximum amount (which is indexed annually)

The more severe your impairment, the higher the compensation. The maximum payment is provided for impairments assessed at 80 points or higher.

While both are forms of compensation under MRCA, they serve different purposes:

1. Permanent impairment payments compensate for non-economic loss (pain, suffering, lifestyle impacts)
2. Incapacity payments compensate for economic loss (inability to work and earn income)

You may be eligible for both types of payments simultaneously.

You can apply for permanent impairment compensation once:

1. Your condition has been accepted as service-related under MRCA
2. Your condition has stabilised (meaning it’s unlikely to significantly improve with further treatment)
3. At least 6 months have passed since the onset of your condition (unless it’s terminal)

To apply for permanent impairment payments, you need to:

1. Complete the “Application for Permanent Impairment Compensation and Choice of Payment Options” form
2. Submit the form to DVA along with any supporting medical evidence
3. Attend medical assessments as required by DVA

The form can be accessed through the DVA website or by contacting us at KSC Claims, where we can guide you through this process.

DVA will arrange for your condition to be assessed by qualified medical professionals. These assessments determine:

1. Whether your condition has stabilised
2. The degree of permanent impairment using the Guide to Determining Impairment and Compensation (GARP M)
3. The appropriate impairment points to be assigned

You may be assessed by one or more medical specialists depending on the nature of your condition.

The processing time for permanent impairment claims varies based on:

1. The complexity of your condition(s)
2. The need for specialist medical assessments
3. The availability of complete medical records

Generally, you can expect the process to take several months from application to decision. DVA aims to process claims as efficiently as possible, but complex cases may take longer.

Yes, if your impairment is assessed at 80 points or above, you have payment options:

1. A tax-free lump sum payment
2. A combination of lump sum and periodic payments
3. Periodic payments only

For impairments below 80 points, compensation is generally paid as a tax-free lump sum.

Permanent impairment payments do not affect your eligibility for:

1. Incapacity payments
2. Treatment benefits
3. Rehabilitation assistance
4. Other DVA benefits

These payments are specifically for non-economic loss and are considered separately from other entitlements.

Yes, if you have multiple service-related conditions, you can receive compensation for each condition that meets the threshold requirements. Multiple impairments may be:

1. Assessed individually if they affect different body systems
2. Combined if they affect the same body system
3.Subject to special rules if they involve the same injury or disease

If your compensated condition deteriorates, you can apply for an increase in your permanent impairment payment. To qualify for reassessment:

1. Your condition must have significantly worsened
2. The deterioration must be related to the original service-related condition
3. At least 3 months must have passed since your previous assessment

Age factors into the calculation of permanent impairment payments:

1. Younger veterans typically receive higher amounts for the same level of impairment
2. This recognises that younger people will live with their impairment for a longer period
3. The age factor is applied automatically in the calculation process

If you disagree with any aspect of DVA’s decision regarding your permanent impairment claim, you have recourse through:

1. Reconsideration – Request that DVA review the decision
2. Review by the Veterans’ Review Board (VRB) – An independent tribunal that can review DVA decisions
3. Appeal to the Administrative Appeals Tribunal (AAT) – A further avenue for appeal if you’re dissatisfied with the VRB’s decision

You should seek advice from an advocate or legal representative before pursuing these options.

There is no strict time limit for lodging a permanent impairment claim under MRCA. However, it’s advisable to claim as soon as:

1. Your condition has been accepted as service-related
2. Your condition has stabilised
3. You believe you meet the minimum impairment threshold

Earlier claims often benefit from better access to relevant medical and service records.

Several resources are available to assist with your claim:

1. DVA Claims Advisors – Can provide guidance on the application process
2. Veterans’ Advocates – Trained professionals who can help prepare and lodge your claim like KSC Claims
3. Open Arms – Counseling services for veterans and their families
These services are typically provided at no cost to eligible veterans.