DVA Presumptive Liability: The Full List, and the Criteria Everyone Misses

From 1 July 2026, DVA can accept some conditions as service-related without you proving the link. The mechanism is called presumptive liability, and it is set out in a legislative instrument: the Military Rehabilitation and Compensation (Injuries and Diseases Attributable to Defence Service—Presumptive Liability) Determination 2026, registered as F2026L00740.

It is a real and significant change. It is also widely misunderstood. Presumptive liability does not mean DVA now accepts everything on a list. Every single item in that instrument carries conditions attached, and if you do not meet them the presumption simply does not apply — your claim goes to the ordinary Statement of Principles route instead.

This article sets out what the instrument actually says: the four gates every claim has to pass, the exact onset windows and service-length thresholds for the common conditions, and where the traps are.

What presumptive liability actually does

Ordinarily, a DVA claim succeeds by connecting a diagnosed condition to service through the factors in the relevant Statement of Principles. You provide the diagnosis, the service history, and the evidence that a factor is met.

Presumptive liability short-circuits that. Where the instrument applies, the injury or disease is deemed attributable to defence service. No SoP factor needs to be established, and no argument about causation needs to be made or won.

The instrument is made under subsection 27A(3) of the MRCA. It commenced on 1 July 2026 and applies to claims under paragraphs 319(1)(a), (b) or (c) of the Act that are made on or after that date. A claim lodged on 30 June 2026 does not get it, no matter when it is decided — which is the opposite of how the new GARP transitions, and worth keeping straight.

You do not apply for it separately. If your claim qualifies, it is assessed this way automatically.

The four gates — where the "it accepts everything" idea falls down

Every presumptive claim has to clear four separate hurdles. Miss any one and the presumption does not operate.

1. The condition must be on the list, by its exact name

The instrument names conditions precisely. "Thoracolumbar spondylosis" is listed. Cervical spondylosis is not. "Osteoarthritis of a joint of a lower limb" is listed — osteoarthritis of a shoulder or a hand is not. "Sensorineural hearing loss" is listed; conductive hearing loss is not. The diagnosis on your paperwork has to correspond to the item, not merely resemble it.

2. You must have a diagnosis

Presumptive liability removes the need to prove causation. It removes nothing about diagnosis. A confirmed diagnosis of the listed condition still has to be provided, from a medical practitioner, in the ordinary way. This is the single most common misunderstanding, and it is why the diagnostic work is if anything more important now, not less — it is the only clinical gate left.

3. Onset must fall inside the specified window

Most items in the instrument carry the phrase "but only if onset occurs" followed by a window. Some require onset during service. Others allow a defined period afterwards — 4 weeks, 2 months, one year, 5 years, 25 years, depending on the condition.

The instrument defines onset carefully, and not as the date you were diagnosed:

for an injury — the time the injury was sustained;
for a disease — the time when all the signs and symptoms of the disease were first present, as determined by a relevant medical practitioner.

It also notes expressly that this "onset" is a different concept from the "onset date" in subsection 5(1) of the Act. So a veteran who first had knee symptoms in 2011 but was not scanned until 2019 has an onset in 2011 — which may put them inside a window that the diagnosis date would have put them outside. Establishing that clinically is exactly the sort of thing a proper records review does.

4. Your service must match the specified kind and length

Column 2 of the main table specifies the service required, and it is often far more than "you served". Some items need only "any defence service". Others require a minimum period, and several expressly exclude that qualifying period from counting — the wording is "for more than 28 days; and excluding the first 28 days of defence service". A few are restricted to particular categories of service or particular roles.

There is a fifth, overarching limit: DVA states that presumptive liability may not apply where there is clear evidence the condition was caused by something other than service. It is a presumption, not an irrebuttable rule.

The common conditions, with their actual criteria

Part 2 of the instrument lists 47 items. These are the ones most veterans will care about.

Accepted on any defence service, with onset during service

No minimum service period at all, but onset must occur during service:

Acute articular cartilage tear
Acute meniscal tear of the knee
Cut, stab, abrasion or laceration
Dislocation or subluxation of a joint
Explosive blast injury
Fracture
Gunshot injury
Heat-induced burn
Joint instability
Labral tear
Sprain and strain
Traumatic contusion or haematoma

The two with no onset window at all

Tinnitus and sensorineural hearing loss are attributable to any defence service, with no service-length requirement and no onset window specified. These are the most generous items in the instrument by a distance. If you have a diagnosis and you served, the presumption applies.

The 28-day musculoskeletal group

These require defence service for more than 28 days, excluding the first 28 days, with onset in service or within 4 weeks of the last day:

Achilles tendinopathy
Chondromalacia patella
Gluteal tendinopathy
Iliotibial band syndrome (runner's knee)
Medial tibial stress syndrome (shin splints)
Patellar tendinopathy
Retrocalcaneal heel bursitis
Trochanteric bursitis

Four weeks is a short window. A veteran whose shin splints settled in service and flared eighteen months later is outside it, and back to the SoP route.

Longer thresholds

Plantar fasciitis — more than 60 days' service (excluding the first 60), onset in service or within 2 months after.
Internal derangement of the knee — any defence service, onset in service or within one year after.
Rotator cuff syndrome — two separate items. Peacetime service: more than 210 days, excluding the first 210. Warlike or non-warlike: more than 120 days, excluding the first 120. Either way, onset in service or within one month after.
Osteoarthritis of a lower limb joint — peacetime service of more than 200 days (excluding the first 200), with onset in service or within 25 years after. A separate item covers warlike or non-warlike service of more than 133 days.
Thoracolumbar spondylosis — the same structure: 200 days' peacetime service and a 25-year onset window, or 133 days of warlike or non-warlike service.
Thoracolumbar intervertebral disc prolapse — more than 148 weeks' peacetime service with a 5-year onset window, or more than 504 days of warlike or non-warlike service with a 10-year window.
Femoroacetabular impingement syndrome — more than 5 years' service, excluding the first 5, and only in specified roles: special forces (SASR, Commandos, Special Operations Engineer Regiment, Clearance Divers), Airfield Defence Guards, infantry, or engineers. Onset in service or within 5 years after.

Note what that spondylosis and osteoarthritis structure means in practice. A veteran with seven months' peacetime service and lower back degeneration diagnosed twenty years later is inside the window. That is a very large group of people.

Mental health

Posttraumatic stress disorder — warlike service of more than 28 days, excluding the first 28. No onset window stated.
Anxiety disorder — warlike service on the same basis, onset in service or within 5 years after.
Adjustment disorder — warlike service on the same basis, onset in service or within 3 months after.

The key restriction: these three require warlike service. Note that the instrument defines warlike service to include qualifying service under section 7A of the VEA. Depressive disorder is not in Part 2 at all — it appears only as a sequela in Part 3, and in the abuse provisions in Part 4.

Sun and eye conditions

These require peacetime service of at least 56 weeks, or warlike or non-warlike service of at least 29 weeks, with no onset window:

Solar keratosis
Primary malignant melanoma of the skin
Primary non-melanoma malignant neoplasm of the skin
Merkel cell carcinoma
Cataract
Pterygium
Pinguecula
Primary malignant neoplasm of the eye

Pressure conditions, special forces only

Otitic barotrauma and sinus barotrauma are restricted to service in special forces roles, with onset during service.

Part 3: sequelae — the part most veterans should read twice

Part 3 lists 45 sequelae attributable to any defence service, on one condition: a specified accepted condition must already be present. "Accepted condition" is defined as one for which the Commission has accepted liability under the Act — so this only works once the primary claim is through.

The timing wording varies between items and it matters. Some require the primary condition to be present at the time of onset; others require it to be present before onset.

The primary conditions that unlock the most:

Diabetes mellitus opens the largest group — cardiomyopathy, cerebrovascular accident, conjunctivitis, gingivitis, heart block, osteomyelitis, otitis externa, periodontitis, peripheral neuropathy, steatohepatitis, tinea, trigeminal neuropathy, chronic pruritus ani, renal stone disease, and (required before onset) cataract, carotid artery disease, ischaemic heart disease, non-aneurysmal aortic atherosclerotic disease, peripheral artery disease, renal artery atherosclerotic disease, retinal vascular occlusion, trigger finger, aortic stenosis and Dupuytren disease.

Hypertension opens atrial fibrillation or flutter, sick sinus syndrome, subarachnoid haemorrhage, and — where present before onset — aortic aneurysm or aortic wall disorder, aortic stenosis, carotid artery disease, ischaemic heart disease, non-aneurysmal aortic atherosclerotic disease, peripheral artery disease and retinal vascular occlusion.

Alcohol use disorder opens anosmia, depressive disorder, porphyria cutanea tarda, subdural haematoma, substance use disorder, tooth erosion, Dupuytren disease and (before onset) tuberculosis.

Depressive disorder opens alcohol use disorder, substance use disorder, erectile dysfunction and female sexual dysfunction.

Inflammatory bowel disease opens bronchiectasis, IgA nephropathy, immune thrombocytopaenia, chronic pruritus ani, renal stone disease and (before onset) non-Hodgkin lymphoma.

Several of these run in both directions — alcohol use disorder and depressive disorder each unlock the other, and both unlock substance use disorder, which in turn unlocks bipolar disorder. And suicide or attempted suicide is presumptively attributable where alcohol use disorder, depressive disorder or substance use disorder is an accepted condition present at the time.

The practical point is blunt: getting the primary condition accepted is now worth more than it used to be, because acceptance is the key that turns on an entire second tier. If your diabetes or hypertension is not yet accepted, that is not one claim sitting unmade — it is potentially a dozen. Our sequelae index maps this territory more broadly, including pathways that still run through the SoPs.

The specialist cohorts

Part 4 — abuse. Three separate tables cover conditions attributable to defence service involving abuse where the person received a redress or reparation payment (from the Defence Abuse Response Taskforce, the Defence Force Ombudsman Reparation Scheme, or the National Redress Scheme). A third table applies where a maximum payment was received — a category 4 DART payment, a tier 1 DFO payment, or a maximum National Redress Scheme payment — and covers more conditions with longer windows, including PTSD and suicide or attempted suicide with no closing window at all.

Part 5 — Point Cook firefighting. 31 conditions for service at RAAF Base Point Cook between 1 January 1957 and 31 December 1986 involving firefighting, firefighting training, or instructing on such a course.

Part 6 — F-111 deseal/reseal. The same 31 conditions for personnel with Tier 1, 2 or 3 status under the SHOAMP Health Care Scheme.

Part 7 — firefighter cancers. 20 cancers, each with its own service-length threshold. Five years for primary leukemia and brain; ten years for breast, cervix, ovary, pancreas, testis and thyroid; fifteen years for mesothelioma, multiple myeloma, bladder, colon or rectum, kidney, lung, oesophagus, penis, prostate, skin, ureter and non-Hodgkin lymphoma. A member counts as a firefighter if firefighting or related service made up a substantial portion of their service.

Part 8 — occupational exposures. 43 diseases tied to specific work: Q-fever, brucellosis, leptospirosis and anthrax from work with animals; hepatitis B or C from work with human body fluids; asbestosis, silicosis and coal workers' pneumoconiosis; Parkinson disease from at least a year's work with manganese; peripheral neuropathy from solvents and heavy metals; and a long list of ionising-radiation and chemical-exposure cancers.

Part 9 — occupational asthma. Attributable to at least 4 weeks' service involving work with any agent in a list of 27 classes — isocyanates, latex, flours, soldering fluxes, epoxy, metals, biological enzymes and more.

What this changes for your claim

The diagnosis is now the whole game. Presumptive liability removes the causation argument and leaves diagnosis standing alone. A vague or wrongly-worded diagnosis will fail a presumptive claim just as surely as it would fail a SoP claim — there is simply less to fall back on. Getting the diagnostic language to match the instrument's terms is now the highest-value thing a doctor can do for you.

Onset dates are worth establishing properly. Because onset is defined as first symptoms rather than first diagnosis, the records matter enormously. A 4-week or 2-month window will usually turn on what is written in your service medical record, not on what you remember. That is precisely what a chart review is for.

Service dates and service type are now determinative. Warlike versus peacetime decides whether PTSD, anxiety disorder and adjustment disorder are in scope at all, and changes the thresholds for spondylosis, disc prolapse, osteoarthritis and rotator cuff syndrome. Get your service record right before lodging.

Order your claims deliberately. With 45 sequelae keyed to accepted conditions, the sequence you lodge in now affects what becomes available later. Diabetes, hypertension, alcohol use disorder, depressive disorder and inflammatory bowel disease are the five that unlock the most.

A "no" is not the end. If presumptive liability does not apply, DVA considers the medical event on duty provision (injuries only, not diseases), and failing that the claim proceeds through the ordinary SoP assessment. Nothing is lost by the presumption not applying — you simply need the evidence you always needed.

Frequently asked questions

Does presumptive liability mean DVA accepts my condition automatically?

Only if all the criteria are met: the condition is named in the instrument, you have a confirmed diagnosis, onset falls inside the specified window, and your service is of the specified kind and length. It is a presumption for a defined set of circumstances, not a blanket acceptance — and DVA can decline to apply it where there is clear evidence of a non-service cause.

Do I need to apply for presumptive liability?

No. There is no separate application. If your claim qualifies it is assessed that way automatically.

Does it apply to a claim I lodged last year?

No. It applies to claims made on or after 1 July 2026. Earlier claims follow the previous arrangements, including the ADF Firefighter Scheme, F-111 deseal/reseal arrangements, the DRCA Specified Diseases and Employment Instrument 2017 and the decision-ready processes.

Do I still need a diagnosis?

Yes, always. Presumptive liability removes the need to prove the link to service. It does not remove the need to prove you have the condition.

What does "onset" mean?

For an injury, when the injury was sustained. For a disease, when all the signs and symptoms were first present, as determined by a medical practitioner. It is deliberately not the date of diagnosis, and the instrument says so.

My back pain started in service but was only diagnosed as spondylosis in 2020 — am I covered?

Possibly. Thoracolumbar spondylosis carries a 25-year onset window after peacetime service of more than 200 days. Whether you are inside it depends on when the signs and symptoms were first present, which is a question your medical records answer.

Is cervical spondylosis covered?

No. The instrument names thoracolumbar spondylosis (thoracic and lumbar). A cervical spine claim proceeds through the Statements of Principles in the ordinary way.

Is depression on the presumptive list?

Not in Part 2. Depressive disorder appears in Part 3 as a sequela of accepted alcohol use disorder, and in the Part 4 abuse provisions. A primary depression claim otherwise goes through the SoPs.

Can DVA refuse a presumptive claim?

Yes — if the criteria are not met, or where there is clear evidence the condition was caused by something other than service. The claim then proceeds through the medical event on duty provision or the standard SoP assessment.

Talk to us

Presumptive liability rewards precision: the right diagnostic wording, a properly established onset, and a service history that matches the instrument. That is the work this practice does. Call 0429 146 039 or email reception@vhc.org.au for a no-obligation consult with the Veterans Health Centre in Ipswich, Queensland.