DATE OF ISSUE: 4 MARCH 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 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 and immediate feedback should be provided to the original decision maker. 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. However, if the claimant has not submitted an application in the appropriate format, a letter advising that the Section 31 review has been declined will need to be sent. 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 review 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.
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 A
Application for Review by the VRB
Screening of VRB Application
This page gives the procedures from receipt of the VRB application through screening for S.31 Review, to withdrawal or despatch of S.137 report.
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 #.
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.
Your case will be examined by a Departmental Review Officer (DRO) who 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 obtain one, to discuss your case.
If the DRO makes a new decision, a letter will be mailed to you (and your representative). 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 report will be sent to you and your representative. If you have not submitted a valid VRB application, no further action will be taken.
Your request is currently in a form that may not be accepted by the Veterans' Review Board (VRB) as a valid VRB application. 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. If you are happy with the subsequent decision by the DRO you may withdraw the VRB application. This will finalise the matter for you.
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 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 #.
Your case will be examined by a Departmental Review Officer (DRO) who 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 to discuss your case.
If the DRO makes a new decision, a letter will be mailed to you (and your representative). 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 report will be sent to you and your representative. If you have not submitted a valid VRB application, no further action will be taken.
Your request is currently in a form that may not be accepted by the Veterans' Review Board (VRB) as a valid VRB application. 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. If you are happy with the subsequent decision by the DRO you may withdraw the VRB application. This will finalise the matter for you.
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 #.
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.
Your case will be examined by a Departmental Review Officer (DRO) who 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 obtain one, to discuss your case. If the DRO decides not to intervene the Department will prepare a report of the evidence for the VRB. A copy of this report will be sent to you and, if you obtain one, your representative.
If the DRO makes a new decision, a letter will be mailed to you (and your representative). If you are happy with the decision by the DRO you may withdraw the VRB application. This will finalise the matter for you 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 report 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 #.
Your case will be examined by a Departmental Review Officer (DRO) who 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 to discuss your case. If the DRO decides not to intervene the Department will prepare a report of the evidence for the VRB. A copy of this report will be sent to you and your representative.
If the DRO makes a new decision, a letter will be mailed to you (and your representative). If you are happy with the decision by the DRO you may withdraw the VRB application. This will finalise the matter for you. 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 report 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 1e - SENT WHEN REVIEW IS FAVOURABLE, UNREPRESENTED
THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW
Please find attached my decision and letter of advice on your request for a review of your case.
If you are not satisfied with any part of my decision, and have not already done so, you can ask the Veterans' Review Board (VRB) to review the case. You have to do this in writing. The time limit for lodging an application to the VRB is 12 months for entitlement matters and 3 months for assessment matters from when you are deemed to have received advice of my decision. To gain the maximum benefit of backdating any pension as a result of the review, you should lodge your application for review within 3 months from when you are deemed to have received advice of my decision.
OPTION IF VRB APPLICATION LODGED
If you are happy with this result and do not wish the Veterans' Review Board (VRB) to review the decision you will need to withdraw your application to the VRB. To assist you withdraw your application from the VRB, I have attached a form for you to sign and return in the reply paid envelope. Otherwise the Department will prepare a report of the evidence for the VRB. A copy of this report will be sent to you.
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 1f - SENT WHEN REVIEW IS FAVOURABLE, REPRESENTED
THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW
Please find attached my decision and letter of advice on your request for a review of your case.
If you are not satisfied with any part of my decision, and have not already done so, you can ask the Veterans' Review Board (VRB) to review the case. You have to do this in writing. The time limit for lodging an application to the VRB is 12 months for entitlement matters and 3 months for assessment matters from when you are deemed to have received advice of my decision. To gain the maximum benefit of backdating any pension as a result of the review, you should lodge your application for review within 3 months from when you are deemed to have received advice of my decision.
OPTION IF VRB APPLICATION LODGED
If you are happy with this result and do not wish the Veterans' Review Board (VRB) to review the decision you will need to withdraw your application to the VRB. To assist you withdraw your application from the VRB, I have attached a form for you to sign and return in the reply paid envelope. Otherwise the Department will prepare a report of the evidence for the VRB. A copy of this report 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
#
Departmental Review Officer
Delegate of the Repatriation Commission
LETTER 1g - NO APPLICATION IN APPROPRIATE FORMAT AND SECTION 31 REVIEW DECLINED
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 intervening in this case is #.
Please note that the law provides no right of review against my refusal to vary the original decision. However, you still may have time to apply to the Veterans' Review Board (VRB) for review of the original decision. You have to do this in writing. The time limit for lodging an application to the VRB is 12 months for entitlement matters and 3 months for assessment matters from when you are deemed to have received advice of the ORIGINAL decision. To gain the maximum benefit of backdating any pension as a result of the review, you should lodge your application for review within 3 months from when you are deemed to have received advice of the ORIGINAL decision.
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 2a - AFTER SPECIFIC REQUEST FOR SECTION 31 REVIEW (POST SCREENING - SECTION 31 REVIEW IS DECLINED, UNREPRESENTED
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 intervening in this case is #.
Please note that the law provides no right of review against my refusal to vary the original decision. However, if you have an application with the Veterans' Review Board they will review the original decision.
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 2b - AFTER SPECIFIC REQUEST FOR SECTION 31 REVIEW (POST SCREENING) - SECTION 31 REVIEW IS DECLINED, REPRESENTED
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 intervening in this case is #.
Please note that the law provides no right of review against my refusal to vary the original decision. However, if you have an application with the Veterans' Review Board they will review the original decision.
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 3a - AFTER SPECIFIC REQUEST FOR SECTION 31 REVIEW (POST SCREENING) - SECTION 31 REVIEW IS FAVOURABLE, 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.
I have sent a copy of my decision to the VRB, who will contact you about your application for review.
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 3b - AFTER SPECIFIC REQUEST FOR SECTION 31 REVIEW (POST SCREENING) - SECTION 31 REVIEW IS FAVOURABLE, 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.
I have sent a copy of my decision to the VRB, who will contact you about your application for review.
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.: |
refusing my claim for
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
Option to Proceed
SIGNATURE — DATE
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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/21639%23comment-form