DVA Compensation

Is Your Condition Ready for a DVA Permanent Impairment Claim?

21 October 20268 min readLuke Martin

Getting a condition accepted by DVA is only half the job. Acceptance, which DVA calls initial liability, means DVA agrees your condition is connected to your service. It does not pay you anything for the lasting effect that condition has on your life. That is what permanent impairment (PI) compensation is for, and under the MRCA it is a separate step that comes after liability.

This is the first of five articles that walk through that step in the order you will meet it. This one covers the question that comes before everything else: is your condition ready to be assessed?

Part 1

Is your condition ready for a permanent impairment claim? (this article)

Part 2

Your DVA impairment assessment: what happens and how to prepare

Part 3

The lifestyle rating, and which option to choose on the D2670

Part 4

Lump sum or weekly payments

Part 5

Your decision: what to check, how to seek review, and claiming more later

Permanent impairment is a separate step

Since 1 July 2026, every new compensation claim is decided under the Military Rehabilitation and Compensation Act 2004 (MRCA), whenever you served. Under the MRCA, DVA decides liability first and permanent impairment second. DVA says it considers permanent impairment as part of the needs assessment that follows an accepted claim, and you can also ask for it at any time by writing to DVA.

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Claims lodged before 1 July 2026 are still finished under the Act they were lodged under. If you had a DRCA permanent impairment claim in before that date, it is assessed under the DRCA, and any worsening after it is assessed under the MRCA.

What DVA means by permanent

DVA can only compensate an impairment that is permanent, which the MRCA describes as likely to continue indefinitely. A diagnosis on its own does not establish that. DVA weighs how long the impairment has lasted, how likely it is to improve, and whether reasonable treatment has been tried or reasonably refused.

That last point matters more than most veterans expect. If there is a standard treatment for your condition that you have not had, DVA may not be satisfied the impairment is permanent yet. If you have tried treatment and it did not help, or you had a sound reason not to have it, make sure that is written in your medical records.

What DVA means by stable

Stable is a separate test. It means your impairment is unlikely to improve to any major degree. A condition can be permanent without being stable yet, for example while you are still recovering from surgery or settling on a new medication.

Stable does not mean unchanging. DVA accepts that a condition with a fluctuating course, like many mental health conditions, or an intermittent one, like migraine or asthma, can still be stable. What usually tells DVA a condition is not yet stable is a recent flare-up or a recent change in treatment.

Permanent but not yet stable: interim PI

Not being stable does not have to mean waiting. Where an impairment is permanent but not yet stable, and already meets the threshold, DVA can pay an interim permanent impairment amount under section 75 of the MRCA while the condition settles.

There is a specific rule for mental health. If this is your first PI claim, and your accepted condition is PTSD, depression, anxiety, or an alcohol or substance use disorder that is not yet stable, DVA's policy is that an interim offer must be based on at least 10 impairment points. If your condition later stabilises at a lower rating than the interim one, the interim rating stands.

For interim payments, DVA sets the lifestyle rating itself: the top of the expected range if you have 15 impairment points or fewer, and the bottom of it above that, unless a rating you already have is higher. The full lifestyle rating comes with your final assessment, once your condition is stable. We cover the lifestyle rating in Part 3.

The threshold your conditions need to reach

PI is only payable once your accepted conditions reach at least 10 impairment points combined. The exceptions are hearing loss, loss of fingers or toes, and loss of the sense of taste and smell, which have a threshold of 5 points, as long as the 5 come from that one impairment alone. Once you are being paid, a further payment needs your overall rating to rise by at least 5 points.

Points from different conditions combine towards the 10, so a condition that would not qualify on its own can still count. It also means timing matters. A condition added after your first assessment only pays when it lifts your overall rating by at least 5 points, so it is worth having every condition claimed before you are assessed.

When your payments start from

Since 1 July 2026, DVA needs only a meaningful estimate from your treating doctor of when your impairment became permanent and stable, rather than a precise date. Compensation is then payable from the later of that date and the date you lodged the claim for the condition.

That makes your doctor's estimate worth getting right. If your condition stopped improving well before anyone wrote it down, tell your doctor when that actually happened, so the estimate reflects it.

A quick readiness check

  • Your condition has been accepted by DVA.
  • Your treating doctor considers it unlikely to improve to any major degree.
  • You have had the standard treatment for it, or there is a documented reason you have not.
  • You have not had a flare-up or a change in treatment in recent months.
  • Every other condition you have is claimed, so the assessment sees the full picture.

If you can tick most of these, your condition is probably ready. If a mental health condition is the one holding you back because it is not yet stable, ask DVA about interim PI rather than simply waiting.

Frequently asked questions

Do I need a separate claim for DVA permanent impairment?

Under the MRCA, permanent impairment is decided separately from liability. DVA says it considers permanent impairment in the needs assessment after your claim is accepted, and you can also ask for it at any time by writing to DVA.

What does permanent and stable mean for DVA?

Permanent means the impairment is likely to continue indefinitely. Stable means it is unlikely to improve to any major degree. They are separate tests, and a condition that fluctuates can still be stable. A recent flare-up or change in treatment usually means a condition is not yet stable.

Can I get paid before my condition is stable?

Yes, through interim permanent impairment, where the impairment is permanent, not yet stable, and already meets the threshold. For a first claim for PTSD, depression, anxiety, or an alcohol or substance use disorder that is not yet stable, an interim offer must be based on at least 10 impairment points.

How many impairment points do I need for DVA permanent impairment?

At least 10 impairment points, combined across your accepted conditions. Hearing loss, loss of fingers or toes, and loss of the sense of taste and smell have a 5-point threshold, from that one impairment alone. After your first payment, a further payment needs an increase of at least 5 points.

When does DVA permanent impairment compensation start from?

From the later of the date you lodged the claim for the condition and the date your treating doctor estimates the impairment became permanent and stable. Since 1 July 2026, a meaningful estimate from your doctor is enough.

This article provides general information about DVA permanent impairment under the MRCA. It is not medical or legal advice. Whether a condition is permanent and stable is decided by DVA on the evidence in your claim, and your circumstances may differ.

Luke Martin

Luke Martin

Co-Founder · 12 years Royal Australian Navy

About Luke →

The information in this article is general in nature and does not constitute legal, medical, or financial advice. Clear Path Veterans Pty Ltd (ABN 78 690 447 879) is not a law firm and our team are not registered legal practitioners. Individual circumstances vary and outcomes depend on the specific facts of each case. For personalised advice, book a free consultation or speak with a qualified advocate.

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