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Dates of effect for determinations resulting from VRB reviews

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Grant, variation suspension or cancellation as a result of a VRB review

The following table outlines the dates of effect for grants, variations, suspensions or cancellations determined as a result of a review by the VRB:     

If

and

then date of effect will be

the VRB reviews a decision with the result of granting a pension or Attendant Allowance

the application for review was made within 3 months of the Commission decision

a date not earlier than the day the Commission could have approved payment of the grant.    

the application is made at any other time

no more than 6 months before the date the application for review was received by DVA.    

the VRB reviews a decision with the result of reducing, suspending or cancelling a pension or Attendant Allowance

the decision was made by the VRB due to a failure of refusal to comply with the VEA

the date on which the decision is made or an earlier or later date.    

the decision was made for any other reason

the date of the first available payday occurring after the VRB serves the decision on the Commission.    

the VRB reviews a decision

the result of altering the description or nature of the war-caused or defence-caused injury or disease from which a person is suffering

the date on which the VRB makes its decision, or an earlier or later date being fair and reasonable under the circumstances.    

in any other case

a date not earlier than the earliest date that the decision could have operated if it had been made by the Commission.    


The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision for the disability pension, war widow's/widower's pension, orphan's pension and attendant allowance.

 

 

According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.

 

 

Veterans' Entitlements Act 1986.

According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:

  • a disease, or
  • the aggravation of a physical or mental injury.

According to subsection 5D(1), disease means:

  • any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
  • the recurrence of such an ailment, disorder, defect or morbid condition,

but does not include:

  • the aggravation of such an ailment, disorder, defect or morbid condition, or
  • a temporary departure from:

the normal physiological state, or

the accepted ranges of physiological or biochemical measures,

that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).