This section outlines what decisions on veterans' compensation matters can be reviewed by the Veterans' Review Board [2] [glossary:(:]VRB [2][glossary:),:] and the process of review.
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
VEA → [4]
A person may appeal against the following decisions to the VRB [2]:
Aspects of a decision on a claim for Disability Compensation Payment that may be reviewed are:
If unhappy with VRB decision a claimant or applicant may then appeal to the AAT [2].
More → [8]
VEA → [9]
After application to the VRB is made, the Commission [2] may exercise its discretion to review its decision under s31 [10] of the VEA, and may:
In such a case, the person may request that the VRB review the:
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] 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:
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 [2]. 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 [2], Special Rate (T&PI) [2] or a rate increased in respect of certain war-caused injury or disease.
A dependant of a veteran (including a deceased veteran) is:
The purpose of attendant allowance is to assist eligible Veterans [21], Members of the Forces [22], or a Member of a Peacekeeping Force [23]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 [2] for Incapacity [24]for a war-caused or defence-caused injury or Disease [25]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 [26]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:
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 [27], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [27], according to subsection 5C(1), veteran means a person (including a deceased person):
Administrative Appeals Tribunal.
According to Section 179 [27]of the VEA [27], the Commission is a body corporate under the name of Repatriation Commission.
VEA ? [29]
A request to the VRB [2] for a review of a decision must be:
VEA ? [34]
An application relating to a pension granted to, or claimed for a veteran or dependant of a deceased veteran may be made by:
VEA ? [35]
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 [2]. 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 [2] provides the applicant with a written notice to the applicant requesting that they provide a written statement within 28 days stating:
If the statement is not provided, or does not contain a reasonable explanation for not being ready, the VRB may dismiss the application.
VEA ? [36]
An applicant may withdraw their application to the VRB for review:
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 [37] VEA
Power to dismiss application - subsequent consideration
Section 155AB [37] VEA
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
For the purposes of Part VI of the VEA [27], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [27], according to subsection 5C(1), veteran means a person (including a deceased person):
According to Section 179 [27]of the VEA [27], the Commission is a body corporate under the name of Repatriation Commission.
The Department of Veterans' Affairs.
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
VEA ? [47]
The VRB [2] holds a hearing to review every case. The applicant may choose to be represented at the hearing, at their own expense, by anyone other than a legal practitioner or a person legally qualified. A legal practitioner may help the applicant prepare their case prior to the hearing. As a matter of policy the Commission [2] does not appear at the VRB [2][glossary:.:]
VEA ? [48]
When an application for review is made, the Secretary will prepare a report of evidence that was considered by the delegate when the claim was determined. In doing so, the Commission may decide to conduct its own review of the decision under section 31. The report will be sent to the applicant unless it contains information that is confidential or damaging to the mental health or well being of the applicant. The applicant has 28 days to comment on the report of evidence. Any comments made will be added to the report before it is sent to the VRB. The VRB examines this evidence, and any other evidence that was not before the Commission when they made their original decision, but is relevant to the review.
More ? [49]
VEA ? [50]
The VEA [2] requires the VRB to take into account any difficulties that lie in the way of ascertaining the existence of any fact, matter, cause or circumstance. These difficulties may be the effects of the passage of time, including the effect of the passage of time on available witnesses and the fact that not all events were reported to appropriate authorities. Although the rules of evidence do not bind the decision maker, every attempt must be made to administer “substantial justice”. Substantial justice implies that the decision maker must accord the claimant procedural fairness (or natural justice) in the manner in which the decision-making process is conducted.
VEA ? [51]
During the course of a review hearing, the VRB may:
VEA ? [52]
A VRB decision on rates of pension, refusal to grant pension on the grounds of insufficient incapacity, cancellations, suspension or dates of recommencement of pension, is binding on the applicant and Commission for a period of 6 months from the date of decision, unless that decision is reviewed by the AAT. If during this 6 month period, the applicant believes their incapacity has increased, they are still able to make an application for pension or increased pension within that period.
VEA ? [53]
The applicant must pay for any costs of representation incurred at the hearing. DVA [2] may reimburse the costs of obtaining medical evidence including associated travel costs, in support of an application.
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
According to Section 179 [27]of the VEA [27], the Commission is a body corporate under the name of Repatriation Commission.
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
Veterans' Entitlements Act 1986.
The Department of Veterans' Affairs.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16728%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/user/login?destination=node/16722%23comment-form
[4] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn141
[5] clikpopup://DEF/Dependant
[6] clikpopup://DEF/Disability Pension
[7] clik://LEGIS/VEA/section 31(6)
[8] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn142
[9] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn143
[10] clik://LEGIS/VEA/section 31
[11] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn144
[12] clik://LEGIS/VEA/section 135
[13] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn141
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1253-review-administrative-appeals-tribunal-aat-income-support-matters
[15] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn142
[16] http://www.vrb.gov.au
[17] clik://LEGIS/VEA/section 135(2)
[18] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn143
[19] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1256-veterans-compensation-and-review-decisions-repatriation-commission/reviews-under-section-31
[20] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn144
[21] http://clik/glossary/veteran
[22] http://clik/glossary/member-forces
[23] http://clik/glossary/members-peacekeeping-force
[24] http://clik/glossary/incapacity
[25] http://clik/glossary/disease
[26] http://clik/glossary/injury
[27] http://clik.dva.gov.au/legislation-library
[28] https://clik.dva.gov.au/user/login?destination=node/16774%23comment-form
[29] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn145
[30] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn146
[31] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn147
[32] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn148
[33] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn149
[34] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn150
[35] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn151
[36] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn152
[37] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[38] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn145
[39] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn146
[40] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn147
[41] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn148
[42] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn149
[43] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn150
[44] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn151
[45] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn152
[46] https://clik.dva.gov.au/user/login?destination=node/16762%23comment-form
[47] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn153
[48] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn154
[49] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn155
[50] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn156
[51] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn157
[52] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn158
[53] https://clik.dva.gov.au/book/export/html/16728#tgt-cspol_part12_ftn159
[54] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn153
[55] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn154
[56] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn155
[57] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn156
[58] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn157
[59] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn158
[60] https://clik.dva.gov.au/book/export/html/16728#ref-cspol_part12_ftn159