Key Points
- It seems likely that in a reassessment for whole body impairment under MRCA, VEA, and DRCA, the age used is based on the reassessment date, not the original assessment date.
- Research suggests age is a factor in impairment assessments under VEA and MRCA, using current age for adjustments, but less clear for DRCA.
- The evidence leans toward using current age for fairness, comparing to a healthy person of the same age at reassessment.
Explanation
Under the Military Rehabilitation and Compensation Act 2004 (MRCA), Veterans’ Entitlements Act 1986 (VEA), and Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) in Australia, impairment assessments for the Department of Veterans Affairs (DVA) may involve age-based considerations, particularly for conditions accepted under these acts. When a reassessment occurs for whole body impairment and an age-based condition was previously accepted, the age used is likely the age at the time of reassessment. This is because assessments typically compare the veteran’s current condition to a healthy person of the same age, ensuring fairness and relevance.
For VEA and MRCA, guides like GARP V and GARP M incorporate age adjustments, such as for cardiorespiratory and upper limb impairments, based on the veteran’s age at assessment. This suggests that in a reassessment, the current age would be used to apply these adjustments. For DRCA, while the DRCA PI Guide 2023 is less explicit, the general practice aligns with using current age for consistency across DVA assessments.
Supporting Information
- For VEA, the Guide to the Assessment of Rates of Veterans’ Pensions (GARP V) details age adjustments, such as METs ratings for cardiorespiratory impairment varying by age at test date (Guide to the Assessment of Rates of Veterans’ Pensions).
- For MRCA, GARP M, adapted from GARP V, likely follows similar age-based methods, though specific details were not fully accessible.
- DRCA’s approach, under the Guide to the Assessment of the Degree of Permanent Impairment 2023, may not explicitly mention age, but standard practice suggests current age is used for reassessments.
Survey Note: Detailed Analysis of Age in Impairment Reassessments
This section provides a comprehensive examination of how age is considered in reassessments for whole body impairment under the Military Rehabilitation and Compensation Act 2004 (MRCA), Veterans’ Entitlements Act 1986 (VEA), and Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) in Australia, specifically for the Department of Veterans Affairs (DVA). The analysis is grounded in official DVA resources and legislative instruments, ensuring a thorough and professional understanding.
Legislative Context and Assessment Guides
The DVA employs specific guides for impairment assessments under each act:
- VEA: Utilizes the Guide to the Assessment of Rates of Veterans’ Pensions (GARP V, fifth edition, in force since 1998), which assesses Disability Compensation Payment (Our guides to assess compensation | Department of Veterans’ Affairs).
- MRCA: Employs GARP M, a specially adapted edition of GARP V, for compensation claims since 2004, focusing on impairment and compensation (Our guides to assess compensation | Department of Veterans’ Affairs).
- DRCA: Uses the Guide to the Assessment of the Degree of Permanent Impairment 2023 (DRCA PI Guide), effective since 2023, for assessing lump-sum compensation for permanent impairment and non-economic loss (5.2.3 Guide to the Assessment of the Degree of Permanent Impairment | CLIK).
These guides provide the framework for assessing impairments, with varying degrees of age consideration.
Age in Impairment Assessments
Analysis of GARP V reveals explicit age-based adjustments in impairment assessments:
- Functional Loss Measurement: Functional loss is measured by comparing performance with an average, healthy person of the same age and sex for defined vital functions, compensating for loss in everyday activities (Page 5, GARP V).
- Age-Dependent Criteria: Some tables incorporate age-dependent criteria, with others requiring age adjustments using provided tables, marked with specific instructions (Page 7, GARP V).
- Cardiorespiratory Impairment: Veteran’s age is generally their age on the test date (e.g., spirometry) for age-relevant assessments, with METs ratings age-adjusted (e.g., males and females, Pages 24 and 27, Tables 1.2 and 1.3, GARP V).
- Spine and Limbs: Upper limb joint function ratings are age-adjusted using Table 3.6.1, with rules varying by age groups (e.g., ≤45 years, rating increased, capped at 60 points; ≥56 years, rating reduced, Pages 57-58, GARP V).
For MRCA, GARP M, being an adaptation of GARP V, likely includes similar age adjustments, though specific details were not fully accessible in the review. For DRCA, the DRCA PI Guide’s explicit mention of age was not found in reviewed sections, suggesting it may align more closely with standards like the AMA Guides, which typically do not adjust for age. However, given the user’s reference to an “age-based condition,” it is reasonable to infer that conditions under VEA and MRCA, where age is a factor, are relevant.
Reassessment Procedures and Age Consideration
Reassessments occur when conditions worsen or require reevaluation, as outlined in DVA resources:
- Under DRCA, if an accepted condition worsens, veterans can request reassessment, with further compensation payable if impairment increases by 10% or more (Permanent impairment payments under the DRCA | Department of Veterans’ Affairs).
- Under MRCA, interim compensation is reassessed once conditions stabilize, with potential additional payments (Permanent impairment payments under the MRCA | Department of Veterans’ Affairs).
- Specific examples, like tinnitus reassessment, indicate using current testing guidelines, suggesting current standards apply (5.6.4 Reassessment of Tinnitus | CLIK).
Given these procedures, the age used in reassessments is likely the age at the time of reassessment. This is supported by GARP V’s methodology, where age is used at the assessment date for comparisons (e.g., Page 9, considering aging effects via age adjustment tables). For instance, if a veteran was 40 at the initial assessment and 50 at reassessment, the comparison would be with a healthy 50-year-old, ensuring relevance and fairness.
Interpretation of “Age-Based Condition”
The term “age-based condition” likely refers to conditions where impairment ratings are adjusted based on age, as seen in GARP V and potentially GARP M. For example, upper limb impairments have age adjustments (Table 3.6.1, GARP V), and cardiorespiratory assessments use age-specific METs ratings. In reassessments, these adjustments would use the current age, as the assessment reflects the current condition and its impact relative to age-appropriate standards.
Conclusion and Recommendation
Based on the analysis, it is evident that for VEA and MRCA, age is a factor in impairment assessments, with reassessments likely using the age at the time of reassessment for fairness and accuracy. For DRCA, while less explicit, the general practice aligns with using current age. Therefore, in a reassessment for whole body impairment where an age-based condition was previously accepted, the age used is the age based on the reassessment, not the original age. Veterans are advised to consult DVA resources or seek professional advice for specific cases, given potential variations across acts.
Table: Age Adjustments in GARP V
| Chapter | Age-Related Detail | Page Reference |
|---|---|---|
| How to Use this Guide | Functional loss compared to same age and sex, age adjustments in tables | 5, 7, 9 |
| Cardiorespiratory Impairment | METs ratings age-adjusted (e.g., males, females, 25-85 years) | 24, 27, Tables 1.2, 1.3 |
| Spine and Limbs | Upper limb ratings adjusted by age (≤45, 46-55, ≥56 years) | 57-58, Table 3.6.1 |
Key Citations
- Guide to the Assessment of Rates of Veterans’ Pensions
- Our guides to assess compensation | Department of Veterans’ Affairs
- 5.2.3 Guide to the Assessment of the Degree of Permanent Impairment | CLIK
- Permanent impairment payments under the DRCA | Department of Veterans’ Affairs
- Permanent impairment payments under the MRCA | Department of Veterans’ Affairs
- 5.6.4 Reassessment of Tinnitus | CLIK
