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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 ?
- 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 ?
- be made within:
- 12 months of the notification of the original decision for decisions relating to claims for pension or attendant allowance, or VEA ?
- 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 ?
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.
Power to dismiss application - initial consideration
Section 155AA VEA
Power to dismiss application - subsequent consideration
Section 155AB VEA
For the purposes of Part VI of the VEA, a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA;
- a member of the Forces as defined in subsection 68(1) of the VEA; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA.
For the purposes of Part VII of the VEA, according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service, or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA includes a person who is:
- a Commonwealth veteran, or
- an allied veteran, or
- an allied mariner.
The Department of Veterans' Affairs.