New Federal Court Case

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25 August 2020

Special rate of pension –  over 65 – incapacitated from war caused disease alone of undertaking remunerative work for periods aggregating more than 8 hours per week; and – prevented from continuing to undertake the remunerative work (last paid work) that the veteran was last undertaking  - because the veteran is so prevented from undertaking his or her last paid work, the veteran is suffering a loss of salary or wages.

This case involved a veteran who was over 65 years, who applied for an increase in pension on the basis  of a number of war caused conditions relating to his service in Vietnam, that included non-melanotic neoplasm of the skin, malignant neoplasm of the prostate, generalised anxiety disorder, major depressive disorder, and erectile dysfunction. The Commission decided that the requirements of the special rate and intermediate rate were not met and granted pension at 80% of the general rate. This decision was then affirmed by the VRB and the AAT on appeal.

Read more about this case in our practice notes

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