Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What are the main injury compensation schemes?
- Eligible members and former members of the Australian Defence Force usually receive injury compensation via one of two schemes depending on the year in which their injury occurred.
- Compensation under the Military Rehabilitation and Compensation Scheme may available if your injury occurred on or after 1 July 2004.
- Compensation under the Comcare scheme may be available if your injury occurred before 1 July 2004.
- If you have any other questions about your eligibility under either of these schemes you can use our free and anonymous Ask a Lawyer service.
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Can I ask for a review of a decision about my claim?
- After the Department of Veterans Affairs (DVA) makes a decision they will send you a letter setting out the decision and reasons for that decision.
- If you disagree with the decision you can ask that it be reviewed by a Review Officer. You must make this request in writing and lodge it with DVA within 30 days of receiving notification of the DVA's decision. As part of this request you will need to communicate why you think the DVA's decision is incorrect. Any additional information that supports your claim should be attached to the request for review.
- Our free Find a Lawyer directory may help you get in touch with an experienced veterans lawyer near you who can help you to support your claim.
- If you do request a reconsideration of the decision you will need to assist in any further investigations. You may be asked to:
- speak about your claim with DVA staff by attending an interview;
- take part in any relevant medical assessments; and
- provide further supporting documentation.
- When the officer reviewing your claim has made their decision they are required to provide you with reasons for their decision in writing. This will generally take the form of an official letter. The officer will set out all of the things they considered when making their decision.
- If you still disagree with the decision you can apply for a second review by the Administrative Appeals Tribunal (AAT). Applications for review by the AAT must be lodged within 60 days of being notified of the Review Officer’s decision.
- Alternatively if the decision regarding your claim was made under the Military Rehabilitation and Compensation Scheme you can ask the Veterans Review Board (VRB) to review the decision. VRB applications must be made in writing and lodged with the VRB within 12 months of your notification of the Review Officer's decision. Your application should set out the reasons you seek a review. Where a VRB review has taken place and you are unsatisfied with the outcome you still have the option of having that decision reviewed by the AAT. Your request must be lodged with the AAT within 3 months of being notified of the VRB’s decision.
- Lodging an appeal with the AAT can be complex and you may wish to contact the registrar of the AAT office in your state or territory for further information. Contacting a lawyer can also ensure that you prepare the strongest arguments to support your claim.
- If you are wondering about the costs associated with lodging an appeal at the AAT our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed-Fee Quote.
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What benefits are available under the Military Rehabilitation and Compensation Scheme?
- The following are some of the benefits which may be accessible by you under the Military Rehabilitation and Compensation Scheme if the DVA has accepted liability for your claim:
- vocational and physical rehabilitation services;
- periodic or lump sum compensation payments for non-economic loss or a mixture of both in the situation where you have a permanent impairment;
- periodic payments for economic loss due to inability to continue service or other work;
- vehicle purchase and modification assistance;
- assistance for household services;
- assistance for attendant care services;
- compensation for dependants in the event of a member’s death;
- funeral and bereavement benefits;
- repatriation health cards; and
- financial assistance for travel and accommodation costs associated with medical treatment and rehabilitation.
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How is my need for attendant care determined?
- The Department of Veterans Affairs (DVA) personnel will usually engage an occupational therapist to professionally assess your attendant care needs.
- Factors which will be considered include:
- the type of injury, disease or illness that you are suffering from;
- whether you are able to care for yourself;
- whether any medical service or nursing care currently received by you provides for your essential personal care; and
- whether a relative might reasonably be expected to provide attendant care services for you.
- After considering the assessment report DVA will evaluate how many hours you might reasonably require. Your attendant care needs will be regularly reviewed by DVA to ensure that the type and frequency of care continues to meet your changing needs.
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How is my reasonable need for household services determined?
- The Department of Veterans Affairs (DVA) personnel will arrange for a professional assessment of your household services needs. Usually the assessment is undertaken by an occupational therapist.
- The factors which will be considered include:
- the kind of tasks that were performed by you before you were injured or before your disease or illness manifested and whether you are able to perform those tasks now;
- whether you live with other people; and
- whether other members of your household may reasonably be expected to perform necessary tasks for you.
- Your household services needs are reviewed regularly so that the level of assistance provided is appropriate and continues to meet your ongoing needs. Individuals with short-term service needs will be reviewed more regularly.
- You can use our Phone a Lawyer service to get a preliminary consultation if you think you may need legal assistance.
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What types of medical treatment are available through the Department of Veterans Affairs (DVA)?
- The DVA will provide medical treatment that is:
- recommended and provided by a legally qualified medical or allied health practitioner;
- recognised as effective at treating your accepted condition; and
- of a reasonable cost.
- The type of services which may be provided depends on your needs and the recommendations of your treating practitioner. It can include:
- allied health services such as chiropractic, occupational therapy, nutrition and dietetics, physiotherapy, podiatry, psychology and speech pathology;
- surgical and therapeutic procedures;
- medical consultations and procedures;
- supply and repair of rehabilitation aids and appliances;
- supply of pharmaceutical drugs and medical supplies; and
- dental, nursing, optometry, hearing, pathology, radiology and additional services.
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What is veterans’ home care?
- Veterans’ Home Care (VHC) was developed to assist veterans, widows and widowers who meed minor practical assistance to remain living at home.
- Services available under VHC include domestic assistance, personal care, home and garden maintenance and respite care.
- There is no automatic entitlement to this program. You have to meet certain eligibility criteria and be assessed as needing the kinds of assistance provided by VHC.
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What is the Rehabilitation Appliances Program (RAP)?
- The RAP program is designed to support the independence and self-reliance of veterans, widows, widowers and any dependants.
- The provision of aids and equipment can reduce the impact of disabilities and increase independence thereby enhancing quality of life.
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What is ‘At Ease’?
- At Ease is an initiative that seeks to help veterans and their families to recognise mental health warning signs, identify treatment options and engage in daily behaviours that promote good mental health.
- More information about At Ease is available at http://at-ease.dva.gov.au.
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