Can veterans and Defence Force members get compensation for PTSD?
If you have been physically or psychologically injured through military service there are avenues to be compensation through the Department of Veterans’ Affairs (DVA). However, compensation laws have and continue to change and this impacts the potential for compensation and other entitlements.
Veterans and Australian Defence Force members can claim compensation for military-induced Post-Traumatic Stress Disorder but there are important considerations and complexities, says military compensation lawyer Tim White.
Those who have served in Australia’s armed forces have a higher chance of experiencing psychological injuries such as PTSD than other Australian citizens. Unfortunately, many ADF members and veterans have been exposed to traumatic experiences throughout their time in the military, and these psychological injuries are often just as or more debilitating than physical injuries. I have helped ADF members and veterans receive compensation for mental health issues resulting from their military service for over 20 years, guiding them through what is a highly complex process.
If you have been physically or psychologically injured through military service there are avenues to be compensation through the Department of Veterans’ Affairs (DVA). However, compensation laws have and continue to change and this impacts the potential for compensation and other entitlements.
When you served or when your injury occurred determines how your claim is assessed and which law applies to you. It’s important to understand which law to claim under, getting this right will maximise the amount payable to you, especially for lump sum compensation payments. You usually only have one opportunity for a lump sum payment, so it’s critical to seek professional legal advice early on to make sure you receive your full entitlements.
The pathways to compensation
If you were in service before 2004
For ADF members or veterans who served before 2004, your PTSD condition may be accepted under the Defence Rehabilitation Compensation Act (DRCA) or the Veterans’ Entitlements Act (VEA).
The VEA does not provide for a lump sum payment, while the DRCA allows for a lump sum payment. However, this is based on a percentage of permanent impairment and it doesn’t factor in your age when assessing the amount payable.
The DRCA payment is usually less than that available under he Military Rehabilitation and Compensation Act (MRCA). Often the difference is tens of thousands of dollars. Consequently, it’s vital to understand whether to apply for compensation under MRCA rather than DRCA. This fact alone can make a significant difference to the compensation payment you receive.
Either payment under MRCA and the DRCA is not taxed if it’s taken as a lump sum.
If you were in service before post-2004
If you served from July 2004 onwards, the MRCA applies to you. A lump payment sum amount may be payable if you have been diagnosed with PTSD from military service.
The amount payable depends on the severity of your condition and your age.
Ensure you have a valid medical assessment
Over the years we have assisted military clients in receiving hundreds of thousands of dollars in lump sum payments. The outcome is largely determined by the validity of the medical assessment. It’s crucial that the assessment is carried out by a medical professional who understands your situation.
Not only do you have to find the right medical professional, you need to communicate clearly your symptoms and history clearly. Have you communicated the adverse effects of PTSD on your life and livelihood to the doctor on more than one consultation? Realistically, a one-time visit to a doctor won’t determine the true impact of your medical condition on you.
Thankfully, there are many outstanding health professionals who can treat this medical condition and we often work closely with them when gathering the necessary medical reports to support compensation claims. Often reports from your treating health provides provide greater and more relevant detail, which is vital in determining the amount of compensation payable.
Get advice from a military compensation specialist
PTSD is a debilitating condition, making life after military service extremely difficult. However, compensation is available, if you meet the criteria under either DRCA or MRCA. This compensation will not obviously cease you having PTSD but it will assist you hopefully with the some of the ongoing and wide ranging personal and financial costs.
Getting professional legal support early in the claim process can lighten the load by facilitating a quicker, smoother and less stressful process, while ensuring you receive full entitlements.
To discuss anything in this article, or if you believe you may be eligible for military compensation and would like help with your compensation claim, please contact TGB partner Tim White.