C05/1998 FRAMEWORK FOR PROCESSING OF VETERANS' REVIEW BOARD APPLICATIONS

External

Departmental Instruction

DATE OF ISSUE: 29 JANUARY 1998

FRAMEWORK FOR PROCESSING OF VETERANS' REVIEW BOARD APPLICATIONS

Background:

During 1996/97 a joint Department of Veterans' Affairs and Veterans' Review Board Working Party met several times to examine communication issues and the processing steps for Veterans' Review Board (VRB) applications. The Working Party was set up as a result of concerns expressed at the March 1996 Ex-Service Organisation Workshop. Confusion was being created in the minds of VRB applicants by the various letters sent by the Department and the VRB. The exercise was timely given the increased use of Section 31 review powers by the Repatriation Commission.

Framework:

2.The Working Party agreed to a framework for the processing of VRB applications. This framework is represented in the attached flowchart (Attachment A). This framework is to be adopted nationally.

Standard Letters:

3.The Working Party also agreed on several standard letters to be sent to applicants by the Department at certain critical points in the processing of a VRB application (see Attachment B). Changes may be made to these letters for local circumstances, but there should be discussion and agreement with the local VRB Registrar, unless the changes are minor. Variations may be made for particular cases with unusual features.

“Screening” of VRB Applications:

4.The new procedures recognise the Repatriation Commission policy that all applications for review by the Veterans' Review Board are to be examined for possible Section 31 review upon receipt of the application and before commencement of a Section 137 report. For ease of description, this administration action is called “screening”. Commission's policy in regard to “screening” was advised to Deputy Commissioners in August/September 1996 and should be implemented, if it has not already.

5.The “screening” would generally involve an examination of the papers, that is, the original decision, the evidence on file and any evidence or argument submitted with the VRB application. A detailed investigation is not required, unless the the primary decision appears to be inadequately based and more investigation should have been undertaken. Where the primary decision is clearly incorrect or inadequate, a section 31 review should be undertaken. Contact with the claimant or their representative is not essential in all cases. However, in some circumstances it may be appropriate for the Review Officer to contact the claimant or representative for clarification or to obtain a particular piece of evidence which may allow Section 31 intervention.

6.For “screening”, a case is not to be registered on Claims Management System (CMS) as a Section 31 review, unless intervention occurs. No reasons for decision are to be provided to the claimant for non-interventions. Where an intervention occurs, the case should be recorded on CMS and brief reasons for decision produced.

Request for Section 31 Review after Section 137 Report Prepared:

7.After a case is “screened” for possible Section 31 reviewed and there is no intervention, a veteran or widow or their representative may request a Section 31 review. For specific requests for review, the request should be registered on CMS as a Section 31 review and reasons for decision produced, whether the outcome is favourable or unfavourable. Reasons for non-intervention should address the evidence or points raised by the veteran, widow or representative.

Changes to Current Procedures:

8.There are several important changes to current procedures that need to be highlighted.

Applications for review to the VRB or requests for Section 31 review must be acknowledged on receipt (see standard letters 1a, b, c and d).

DVA is to encourage VRB applicants to be represented by an ex-service organisation (covered in letters 1a to 1d). This is in the best interests of the veteran or widow, but applicants should not be forced to have representation if they do not wish to do so.

Where a letter asks only for a Section 31 review (i.e. the writer does not specifically ask for a VRB review of the primary decision), DVA should advise the veteran or widow to lodge an application to the VRB within the appeal period. This is to ensure that the VRB will be able to accept the application as a VRB application in the event of a refusal by a Commission delegate to review under Section 31. Note that an application does not necessarily have to be on the VRB Application for Review Form. So long as the intent to have the matter reviewed by the VRB is expressed, a letter can be accepted as a VRB application. It is also permissible for a veteran or widow to seek a Section 31 review and ask for the matter to be determined by the VRB in the event of an unfavourable outcome of the review under Section 31. A form for these situations is attached (Attachment C). This may be modified for local use.

In some States applications to the VRB are given a VRB registration number and sent to the VRB immediately upon receipt by the Department. The Working Party agreed that VRB applications should not be sent to the VRB with a registration number until the “screening” has been completed. VRB applications should continue to be registered as VRB Applications on CMS upon receipt, but not sent to the VRB until a Section 31 review has been declined. If a Section 31 review is declined, then the application shall be forwarded to the VRB with a VRB registration number. A Section 31 action is not registered on CMS unless specifically requested or unless intervention occurs. If a Section 31 review is favourable to the applicant and the applicant still wishes the application to proceed to the VRB, then the application should be forwarded to the VRB with a registration number. The purpose of this change is to provide a clear line between when the application is the Department's responsibility and when it is the VRB's responsibility. It will also reduce activity in the VRB in registering and withdrawing applications where a Section 31 review upon “screening” is favourable to the applicant.

DVA may also request the applicant to withdraw the VRB application following a Section 31 review. A form for this is at Attachment D. The VRB should not be notified of a withdrawal by the applicant unless the application had previously been forwarded to the VRB. The same form is to used to ascertain if the veteran or widow wishes the VRB application to proceed to the VRB.

Once the Section 137 report has been sent to the VRB, any intervention under Section 31 should be notified to the VRB by sending a copy of the Section 31 decision to the VRB. The VRB will then send a letter to the applicant seeking the applicant's wishes in relation to the VRB application being withdrawn. DVA should not send a withdrawal form to the applicant once the VRB has received the Section 137 report.

Implementation:

9.These arrangements are to start as soon as possible.

10.The minutes of the Working Party meetings will be forwarded separately to each State Office to give a context to the changes.

(W.R. MAXWELL)

BRANCH HEAD (DISABILITY COMPENSATION)

ATTACHMENT B

LETTER 1a TO BE SENT UPON RECEIPT OF AN APPLICATION

UNREPRESENTED AND APPLICATION NOT IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW

Thank you for your letter dated # seeking a section 31 review of the decision of a Delegate of the Repatriation Commission on # about #.

You have asked for an internal Departmental review under section 31. Your request is currently in a form that may not be accepted by the Veterans' Review Board (VRB) as a valid VRB application. If you are unhappy with the any aspect of the section 31 review, you may wish your case to proceed to the VRB. To protect your right to apply to the VRB, you should therefore complete and return the attached Veterans' Review Board ‘Application for Review' form within the time limit stated in the original Commission decision. This will also ensure maximum arrears should a favourable VRB decision be made.

As you do not already have someone assisting you with your case, you may wish to contact a representative from one of the organisations which provide advocacy services or represent veterans, members of the defence forces or their dependants. A list of the major organisations providing this assistance is attached. Please tell us in writing if you select a representative.

When examining your file, a Departmental Review Officer (DRO) will see if it is possible to resolve the matter to your satisfaction. That officer can change the original decision and may contact you or your representative, if you have one, to discuss your case.

If the DRO makes a new decision, a letter will be mailed to you (and your representative). The DRO may also send you a form so that you can withdraw the VRB application if you are happy with the new decision. This will finalise the matter for you. I need to tell you that, if your case proceeds to the VRB, the VRB will review all aspects of the original decision and may make another decision on your entitlements.

If you are not happy with what the DRO has done and you have a valid application to the VRB, the Department will prepare a report of the evidence for the VRB. A copy of this will be sent to you and your representative. If, at that time, you have not submitted a valid VRB application, no further action will be taken.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

for Deputy Commissioner

LETTER 1b TO BE SENT UPON RECEIPT OF AN APPLICATION

REPRESENTED BUT APPLICATION NOT IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW

Thank you for your letter dated # seeking a section 31 review of the decision of a Delegate of the Repatriation Commission on # about #.

I have forwarded a copy of this letter to your representative.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

for Deputy Commissioner

LETTER 1c TO BE SENT UPON RECEIPT OF AN APPLICATION

UNREPRESENTED AND APPLICATION IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW

Thank you for your application dated # seeking a review of the determination of a Delegate of the Repatriation Commission on # about #.

All applications for review are first considered by a Departmental Review Officer (DRO) before referral to the Veterans' Review Board (VRB).

If you are not happy with what the DRO has done, the Department will prepare a report of the evidence for the VRB. A copy of this will be sent to you and your representative.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

for Deputy Commissioner

LETTER 1d TO BE SENT UPON RECEIPT OF AN APPLICATION

REPRESENTED AND APPLICATION IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW

Thank you for your application dated # seeking a review of the determination of a Delegate of the Repatriation Commission on # about #.

All applications for review are first considered by a Departmental Review Officer (DRO) before referral to the Veterans' Review Board (VRB).

If you are not happy with what the DRO has done, the Department will prepare a report of the evidence for the VRB. A copy of this will be sent to you and your representative.

I have forwarded a copy of this letter to your representative.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

for Deputy Commissioner

LETTER 2a TO BE SENT WHEN THE SECTION 31 REVIEW IS DECLINED

UNREPRESENTED AND APPLICATION NOT IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT MY DECISION TO NOT CONDUCT A REVIEW OF YOUR CASE.

I refer to your letter dated # seeking a section 31 review of the determination of a Delegate of the Repatriation Commission on #.

The matter for me to decide is #.

I have noted your Departmental files, including the evidence available to the original decision maker and any additional evidence submitted. Having considered all the issues in your case, I have decided that I will not intervene and conduct a review under section 31 of the Veterans' Entitlements Act 1986.

My reason for not conducting a review is #.

Please note that the law provides no right of review against my refusal to vary the original decision.

However, you may still apply to the Veterans' Review Board as stated in our original decision letter. You need to lodge such an application within the time limits mentioned in that letter.

The only way you can now pursue this matter is by lodging a new disability claim/ application for increase in disability pension. The relevant form is available on request.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

Departmental Review Officer

DEPUTY COMMISSIONER

LETTER 2b TO BE SENT WHEN THE SECTION 31 REVIEW IS DECLINED

REPRESENTED BUT APPLICATION NOT IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT MY DECISION TO NOT CONDUCT A REVIEW OF YOUR CASE

I refer to your letter dated # seeking a section 31 review of the determination of a Delegate of the Repatriation Commission on #.

The matter for me to decide is #.

I have noted your Departmental files including the evidence available to the original decision maker and any additional evidence submitted. Having considered all the issues in your case, I have decided that I will not intervene and conduct a review under section 31 of the Veterans' Entitlements Act 1986.

My reason for not conducting a review is #.

Please note that the law provides no right of review against my refusal to vary the original decision.

However, you may still lodge an application to the Veterans' Review Board as stated in our original decision letter. You need to lodge such an application within the time limits mentioned in that letter.

The only way you may now pursue this matter is by lodging a new disability claim/ application for increase in disability pension. The relevant form is available on request.

A copy of this letter has been sent to your nominated representative.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

Departmental Review Officer

Delegate of the Repatriation Commission

LETTER 2c TO BE SENT WHEN THE SECTION 31 REVIEW IS DECLINED

UNREPRESENTED AND APPLICATION IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT MY DECISION TO NOT CONDUCT A REVIEW OF YOUR CASE

I refer to your application dated # seeking a review of the determination of a Delegate of the Repatriation Commission on # .

All applications for review are first considered by a Departmental Review Officer prior to referral to the Veterans' Review Board (VRB).

The matter for me to decide is #.

My reason for not conducting a review is #.

Please note that the law provides no right of review against my decision to not conduct a review of your case. However, your case will now proceed to the Veterans' Review Board, unless you tell us that you wish to withdraw your application. The VRB is a statutory authority and is independent of the Department and the Repatriation Commission.

The Department will now prepare a report of your case for VRB and a copy will be sent to you and VRB as soon as it has been prepared. The VRB staff will write to you after they receive the report from us. Until you receive this report, would you please ring the Department if you have any inquiries.

The Department will now include these papers in an additional report of your case for the Veterans' Review Board (VRB) and a copy of this will be sent to you shortly. If you have any inquiries about the preparation of this additional report, please ring the Department. The VRB staff will write to you after they receive the additional report from us. Until you receive this additional report, would you please ring the Department if you have any inquiries.

Once you have received the report, please do not contact us until you have had a chance to consider the report. The report should help you to decide whether or not additional information might assist your case and, if so, what type of information is needed. There will generally be only one opportunity for further review before your case is referred to the VRB.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

Departmental Review Officer

Delegate of the Repatriation Commission

LETTER 2d TO BE SENT WHEN THE SECTION 31 REVIEW IS DECLINED

REPRESENTED AND APPLICATION IN APPROPRIATE FORMAT

THIS LETTER IS ABOUT MY DECISION TO NOT CONDUCT A REVIEW OF YOUR CASE

I refer to your application dated # seeking a review of the determination of a Delegate of the Repatriation Commission on # .

All applications for review are first considered by a Departmental Review Officer prior to referral to the Veterans' Review Board (VRB).

The matter for me to decide is #.

My reason for not conducting a review is #.

Please note that the law provides no right of review against my decision to not conduct a review of your case. However, y — our case will now proceed to the Veterans' Review Board (VRB) unless you tell us that you wish to withdraw your application. The VRB is a statutory authority and is independent of the Department and the Repatriation Commission.

The Department will now prepare a report of your case for the VRB and a copy will be sent to you and your representative and the VRB as soon as it has been prepared. The VRB staff will write to you after they receive the report from us. Until you receive this report, would you please ring the Department if you have any inquiries.

The Department will now include these papers in an additional report of your case for the VRB and a copy of this will be sent to you and your representative and the VRB shortly. If you have any inquiries about the preparation of this additional report, please ring the Department. The VRB staff will write to you after they receive the additional report from us. Until you receive this additional report, would you please ring the Department if you have any inquiries.

Once you receive the report, I suggest that you do not contact us until you have had a chance to consider the report. The report should help you to decide whether or not additional information might assist your case and, if so, what type of information is needed. There will generally be only one opportunity for further consideration before referral to the VRB.

A copy of this letter has been sent to your representative.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

Departmental Review Officer

Delegate of the Repatriation Commission

LETTER 3a SENT WHEN REVIEW IS FAVOURABLE, SEEKING WITHDRAWAL OF VRB APPLICATION

UNREPRESENTED

THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW BY THE

VETERAN'S REVIEW BOARD

Please find attached my decision and letter of advice on your request for a review of your case.

If you are happy with this result, we would like you to withdraw your application to the Veterans' Review Board (VRB) for a review of the original decision. To assist you withdraw your application, I have attached a form for you to sign and return in the reply paid envelope. You need to indicate that you wish to withdraw your VRB application.

Should you withdraw your application to the VRB, you need to understand that you forfeit all rights to review of my decision or the original Commission decision.

If you are unhappy about my decision or you still wish to seek review by the VRB of all or parts of the original Commission decision, you should not withdraw your application. Your application will then proceed to the VRB. You still need to complete the enclosed form and return it in the reply paid envelope. On the form you should indicate that you do not wish to withdraw your application. I need to tell you that, if your case proceeds to the VRB, the VRB will review all aspects of the original and review decision and may make another decision on your entitlements.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

Review Officer

Delegate of the Repatriation Commission

LETTER 3b SENT WHEN REVIEW IS FAVOURABLE, SEEKING WITHDRAWAL OF VRB APPLICATION

REPRESENTED

THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW BY THE

VETERAN'S REVIEW BOARD

Please find attached my decision and letter of advice on your request for a review of your case.

Should you withdraw your application to the VRB, you need to understand that you forfeit all rights to review of my decision or the original Commission decision.

I have sent a copy of this letter to your representative.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

Departmental Review Officer

Delegate of the Repatriation Commission

LETTER 3c SENT WHEN REVIEW IS FAVOURABLE, NO VRB APPLICATION RECEIVED

THIS LETTER IS ABOUT YOUR REQUEST FOR A SECTION 31 REVIEW

I refer to your application dated # seeking a review of the determination of a Delegate of the Repatriation Commission on # .

Please find attached my decision and letter of advice on your request for a review of your case.

If you are unhappy about my decision or you still wish to seek review by the Veterans' Review Board (VRB) of all or parts of the original Commission decision, you would need to lodge an application to the VRB. It is important that you lodge such an application within the time limits stated in the letter with the original decision, otherwise your application will not be considered by the VRB. I need to tell you that, if your case proceeds to the VRB, the VRB will review all aspects of the original and review decision and may make another decision on your entitlements.

If you are unhappy about any part of my decision or the original Commission decision, the only way you may now pursue this matter is by lodging a new disability claim/ application for increase in disability pension. This is because the time limits for you to apply to the Veterans' Review Board for a review has expired. The relevant form is available on request.

OPTIONAL I have sent a copy of this letter to your representative.

If I can be of any help, please contact me on # or 1800 # extension # for country callers.

Yours sincerely,

Departmental Review Officer

Delegate of the Repatriation Commission

ATTACHMENT C

DEPARTMENT OF VETERANS' AFFAIRS

CLAIMANT'S REPRESENTATIVE:
Address:

The Secretary

Dept of Veterans' Affairs

Dear Sir/Madam,

REF:
File No.:

I request a review under S.31 of the VEA, of the decision of the Repatriation Commission, dated the

refusing my claim for

Failing favourable consideration for a review under S.31, I request a review under S.135 of the Veterans' Entitlements Act. This form is to act as an application as per S.136 VEA for a review by the Veterans' Review Board.
My grounds for appeal are as follow:

Signed:
Date:

Organisation's File No:
Organisation's Branch address:

The information provided on this form is required for either a review under section 31, and/or a review under section 135 of the Veterans' Entitlements Act 1986. In the event of an appeal to the Veterans' Review Board this information will be disclosed to that body.

ATTACHMENT D

APPLICATION FOR REVIEW

BY THE VETERANS' REVIEW BOARD

To the Department of Veterans' Affairs

NAME:

ADDRESS:

DVA FILE NUMBER

Please tick only one box

Option To Withdraw

Following the decision of # I do not wish to proceed with my application for review, by the Veterans' Review Board, of the decision of a Delegate of the Repatriation Commission dated # in relation to #

Option to Proceed

Following the decision of # I wish to proceed with my application for review by the Veterans' Review Board, of the decision of a Delegate of the Repatriation Commission dated # in relation to #. The part(s) of the decision which I wish to have reviewed by the VRB is/are: .......................................................................................................................................................................................................................................................................................................................................................................................................................................

SIGNATURE — DATE