Applications for Review by the Veterans' Review Board (VRB)

Most VEA compensation and rehabilitation determinations made on or after 21 April 2025 must be appealed directly to the Veterans’ Review Board (VRB), via VRB lodgement channels, rather than to DVA. Appeal timeframes remain the same for all claim types except Acute Support Package, which has been extended to 12 months. DVA has 28 days to prepare the report for the VRB under section 352D of the MRCA. The Commission continues to have the discretion to initiate a reconsideration of own motion.

Income support decisions continue to be appealable to ART.

Determinations made before 21 April 2025 should be appealed via previous pathways. Claimants can confirm the review pathway relevant to their claim by checking the determination letter. More information is available at dva.gov.au/single-review-pathway or vrb.gov.au

Form of request for review

A request to the VRB for a review of a decision must be:

• either on a departmental form or in the form of a letter,     

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  Section 136(1) VEA

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• state the grounds on which the request is made, i.e, state the decision or the part of the decision to be reviewed, and     

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  Section 136(1) VEA

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• be made within:

• 12 months of the notification of the original decision for decisions relating to claims for pension or attendant allowance, or     

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  Section 135(4) VEA

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• 3 months for decisions on rates of pension, refusal to grant pension on the grounds of insufficient incapacity, cancellations, suspension or dates of recommencement of pension.    

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  Section 135(5) VEA

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Who can make an application for review to the VRB?

An application relating to a pension granted to, or claimed for a veteran or dependant of a deceased veteran may be made by:

• the veteran or dependant,
• another person on behalf of the veteran or dependant, and with their approval,
• a person approved by the Commission if the veteran or dependant is unable to approve someone to make the application on their behalf due to incapacity, or
• a parent, guardian, person approved by a parent or guardian, or person approved by Commission, in the case of a dependant who is under 18 years of age.

Power of the VRB to dismiss an application for review

A review hearing must take place within the standard review period of 2 years after the date on which the application was received at an office of DVA. An extension may be granted for 3 months in certain circumstances. The extended review period is 3 months from the day on which the applicant is given the extension notice. At the end of the applicable review period, the VRB provides the applicant with a written notice to the applicant requesting that they provide a written statement within 28 days stating:

• that they are ready to proceed at hearing within, or
• a reasonable explanation why they are not ready to proceed at hearing.

If the statement is not provided, or does not contain a reasonable explanation for not being ready, the VRB may dismiss the application.

Withdrawal of application

An applicant may withdraw their application to the VRB for review:

• at any time before the VRB has commenced the review, and
• after the review has commenced, with the consent of the Board.

Withdrawal of an application does not prevent the person from making another application within the allowed time for a review.