Dates of effect for determinations resulting from Commission reviews
Most VEA compensation and rehabilitation determinations made on or after 21 April 2025 must be appealed directly to the Veteransβ 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
Section 31 VEA Review by Commission - pension or Attendant Allowance
Section 115 VEA Review of decision - allowances
Grant, variation suspension or cancellation as a result of a Commission review
The following table outlines the dates of effect for grants, variations, suspensions or cancellations determined as a result of the section 31 review process:
| If | and | then the date of effect will be |
a request is made for a review of a decision regarding :
within 3 months of the original decision | the decision is varied | a date not earlier than the earliest date from which the decision could have taken effect if it had been made by the VRB.
|
| an application is made, by someone other than the Commission, to the ART to review a decision about a pension or Attendant Allowance made or affirmed by the VRB | the Commission, with the consent of the applicant reviews and varies the decision | a date not earlier than the earliest date from which the decision could have been varied by the ART.
|
| the Commission is satisfied that evidence it considered when it made a decision about a pension or Attendant Allowance was false | the Commission varies the decision | a date before or after the commencement of the review as appropriate to the circumstances.
|
| the Commission is satisfied that a pension or Attendant Allowance should be cancelled or suspended or is being paid at a higher rate than it should be | the Commission cancels, suspends or decreases the rate of pension or Attendant Allowance | the date of determination or a later day as specified in the determination.
|
| a determination is made that a pension or Attendant Allowance is to be cancelled, suspended or decreased | the determination is made due to:
| a date that may be earlier than the date of the determination.
|
| the Commission is satisfied that the rate of pension or Attendant Allowance being paid is less than it should be | the Commission increases the rate of pension or Attendant Allowance | the date of determination, or an earlier or later date specified in the determination.
|
a person requests a review of a decision not to grant payment in respect to an application for:
within 3 months after notice of the decision
| the Commission grants an allowance | a date no earlier than the date from which Commission could have made the decision.
|
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/112-disability-pension-instalments-and-effective-dates/1123-dates-effect-determinations-resulting-reviews/dates-effect-determinations-resulting-commission-reviews