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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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