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

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,     
  VEA →

  Section 136(1) VEA

  VEA → (go back)
• state the grounds on which the request is made, i.e, state the decision or the part of the decision to be reviewed, and     
  VEA →

  Section 136(1) VEA

  VEA → (go back)
• be made within:

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

  Section 135(4) VEA

  VEA → (go back)
• 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.    
  VEA →

  Section 135(5) VEA

  VEA → (go back)

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.