Leaving the Australian Defence Force (ADF) is a major life change. For many, the circumstances of discharge are straightforward. But for some, health issues that existed at the time of leaving weren’t fully recognised. In these cases, it may be possible to apply for what is known as a retrospective medical discharge and invalidity benefits. This article explains what that means, how the process works, and what veterans and families should know before starting an application.
In Short*
- A retrospective medical discharge allows veterans to be recognised as if they were medically discharged at the time they left the ADF.
- It can backdate entitlements and unlock ongoing invalidity pension payments.
- The process involves both the ADF (for a declaration) and the Commonwealth Superannuation Corporation (CSC) (for classification and pension).
- Success depends on proving your medical condition at the time of discharge, not just today.
- Legal guidance can make a significant difference in the outcome.
1 What Does a Retrospective Medical Discharge & Invalidity Benefits Claim Involve?
A retrospective medical discharge is a process where the ADF (and the Joint Health Command (JHC)) and the CSC review a veteran’s separation from service to decide if it should have been recorded as a medical discharge at the time, meaning that you could have been separated because you were medically unfit for service, and that the symptoms impacted on your capacity to perform your military duties.
Why does this matter?
- Only once a medical discharge is approved can it open the door to apply for unpaid benefits.
- In some cases, benefits can be backdated to the time of discharge, leading to significant arrears payments.
- Further, in some cases, ongoing invalidity benefits can be paid into the future.
- It provides recognition that a service-related illness or injury was serious enough to end your military career.
2 Who Can Apply?
This process is generally available to former ADF members who:
- were discharged on grounds other than medical, but who had a serious physical or psychological condition at the time;
- can provide medical evidence that they could have been medically discharged instead; and
- have not already had their discharge classified as medical.
It’s important to understand that the key date is the time of separation from military service. The question is not how your health is today, or what conditions you currently suffer (or have been accepted by other organisations, i.e. Department of Veterans Affairs), or impact on your ability to work, but whether your condition at that time justified a medical discharge.
3 How the Process Works
The process involves two stages. The ADF must first make a declaration that a medical discharge would have been appropriate at the time of separation. If this is accepted, a subsequent application is lodged with the CSC. CSC then assesses the member’s service history, medical evidence, and work capacity at the time of discharge to determine an invalidity classification (Class A, B, or C). The classification outcome directly affects eligibility for backdated and ongoing invalidity benefits.
4 Preliminary Considerations
There are some factors that you should consider at the outset of the process:
- Timelines: This process is not Processing times are long, and you should not expect an outcome for two and a half to three years from application.
- Exclusions: For some veterans, access to the Retrospective Invalidity Benefits may be impossible. These exclusions depend on timing, your contribution to the injury, or your actions while in the ADF.
- Financial Impact: Consider if a successful application will impact any current support you may be receiving. An arrears back payment may impact your DVA payments, Centrelink or Child Support payments and may also have tax implications.
5 How Donaldson Law can assist You
While you can navigate this process yourself or with the assistance of an advocate, a lawyer experienced in this area will have a deep understanding of the complex laws and regulations and processes surrounding military superannuation. Lawyers are trained to gather and analyse evidence, and to build strong cases, potentially identifying legal arguments and angles that you or a free advocate may not be aware of
A lawyer with experience in ADF matters can:
- review your medical records,
- prepare submissions to the ADF and CSC,
- ensure deadlines and requirements are met, and
- advocate for the highest appropriate classification.
For families, having professional support can ease the burden of navigating what is often a drawn-out and emotionally difficult process.
At Donaldson Law, we have been assisting former ADF members through this process for over five years. We are familiar with the nuances of the process and have a proven track record of achieving outstanding results for veterans who never even realised that they could access this process. Please visit our website www.donaldsonlaw.com.au to see the honest and appreciative testimonials we have received from our deserving clients. We operate on a no win-no fee basis, and if the claim is successful, our fees are paid from the arrears payment that the veteran receives. If you require legal assistance to appeal against a decision already made by CSC, we will consider it on a case-by-case basis and will ask for upfront payment for our work.
For veterans and families, a retrospective medical discharge is more than a financial process—it’s a recognition that service-related illness or injury truly ended a military career. If you believe your discharge should have been on medical grounds and are possibly eligible for invalidity benefits, call our office today to set up an obligation free telephone call with one of our lawyers who would be pleased to discuss your individual circumstances.
DISCLAIMER: *the information provided in this article is intended as a general overview only. It is not specific to any particular scheme, or set of circumstances, and should not be considered legal advice. For guidance tailored to your individual situation, you should seek professional or legal advice.