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What Decisions can the Veterans' Review Board (VRB) Review?
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What decisions can be reviewed by the VRB?
A person may appeal against the following decisions to the VRB:
- a claim for Disability Compensation Payment, war widow(er)'s pension, or dependant [glossary:pension:],
- claim for attendant allowance,
- application for increase in Disability Compensation Payment[glossary:,:]
- the date from which a payment of pension or a payment of pension at a higher rate may be made, and
- a decision under section 31(6) in the VEA to cancel, suspend, vary, fix a date of re-commencement for a pension or allowance.
Aspects of a decision on a claim for Disability Compensation Payment that may be reviewed are:
- whether or not a person is a veteran,
- whether or not a person's disability is war-caused or defence-caused, and
- the assessment of Disability Compensation Payment.
If unhappy with VRB decision a claimant or applicant may then appeal to the AAT.
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Review by VRB of a section 31 review decision
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After application to the VRB is made, the Commission may exercise its discretion to review its decision under s31 of the VEA, and may:
- revoke the decision,
- revoke the decision and substitutes with new decision, or
- vary the decision.
In such a case, the person may request that the VRB review the:
- decision to revoke the original decision,
- new (substituted decision), or
- varied decision. More →
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision for the Disability Compensation Payment, war widow's/widower's pension, orphan's pension and attendant allowance.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
- a pension paid by way of compenstion for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
- temporary incapacity allowance; or
- any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged (usually paid by another Commonwealth country).
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
A form of pension that is paid to the partner of a veteran where the veteran has died as a result of war service or eligible Defence Service. War widow's/widower's pension is also paid to the partner of a veteran whose death was not war caused if the veteran was a ex-prisoner of war or if the veteran was receiving Extreme Disablement Adjustment (EDA) Rate, Special Rate (T&PI) or a rate increased in respect of certain war-caused injury or disease.
A dependant of a veteran (including a deceased veteran) is:
- the partner;
- non-illness separated spouse;
- widow(er) (other than a widow(er) who marries or remarries); or
- a child of the veteran.
The purpose of attendant allowance is to assist eligible Veterans, Members of the Forces, or a Member of a Peacekeeping Force with the cost of an attendant to help with such things as feeding, bathing, dressing and other activities of daily living. The allowance is paid to the veteran and not the attendant.
To be eligible for attendant allowance the person must be in receipt of a Disability Compensation Payment for Incapacity for a war-caused or defence-caused injury or Disease that severely affects a persons' ability to care for themselves. Attendant allowance is payable at a higher or a lower rate depending on the type of Injury or disease accepted under the Veterans' Entitlements Act.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
- a pension paid by way of compenstion for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
- temporary incapacity allowance; or
- any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged (usually paid by another Commonwealth country).
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
Veterans' Entitlements Act 1986.
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.
Administrative Appeals Tribunal.
According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.