Heath and Military Rehabilitation and Compensation Commission (Compensation)

The applicant, Mr Heath, sought compensation for obsessive compulsive disorder (OCD) under the *Military Rehabilitation and Compensation Act 2004* (Cth) (MRCA). The respondent was the Military Rehabilitation and Compensation Commission. The matter came before the Tribunal for review of the Commission's decision to affirm its earlier decision that Mr Heath's OCD was not a service-related injury or disease for the purposes of the MRCA.

The primary legal issue before the Tribunal was whether Mr Heath's OCD was an "injury" or "disease" within the meaning of the MRCA, and if so, whether it arose out of, or was aggravated by, his service. Specifically, the Tribunal had to consider the evidence presented regarding the onset and nature of Mr Heath's condition and its connection, or lack thereof, to his military service.

The Tribunal found that while Mr Heath did suffer from OCD, the evidence did not establish that this condition arose out of, or was aggravated by, his service. The Tribunal considered the medical evidence, which indicated that the onset of Mr Heath's OCD predated his military service and that his service did not cause or significantly contribute to its development. Accordingly, the Tribunal affirmed the Commission's decision.