Liability

A formal claim for pension under Part II or IV of the VEA can be made after death by the veteran’s LPR, only if the veteran made an informal claim prior to their death (in writing, but not on an approved form.)

Legal Personal Representative

When a delegate is notified of the death of a veteran, their claim can still be investigated and progress as normal. However, before any communication can be had with a third party (outside of DVA), the delegate must quickly identify who the legal personal representative (LPR) or personal representative is. Any communication or correspondence regarding the claim must be made directly to the LPR only.

For the purposes of these procedures, legal personal representative as defined in the MRCA is synonymous with personal representative as defined in the DRCA. 

Priority

Any claim for compensation must take priority when a veteran dies. When the business area becomes aware of the death, the claim’s priority status must change. 

Death notifications

Generally, death notifications are received by the service coordinators in Client Coordinated Support (CCS) branch. The service coordinator will then inform the business area. 

If the veteran is not receiving assistance from a dedicated service coordinator, and a delegate or client support officer (CSO) is informed directly of their death via a phone call, they should:

MRCA

Appeals of MRCA decisions made prior to 21 April 2025 should still be lodged with DVA. They cannot be reviewed by the VRB.

DVA will prepare a report with relevant documents and send it to the client, allowing 28 days or more for comments. The report and comments are then sent to the VRB. DVA may decide in the client’s favour without involving the VRB.

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