Following passage of the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act), the first level of external merits review for all compensation claim decisions made from 21 April 2025 will be to the Veterans’ Review Board (VRB), regardless of which Act a veteran or dependant has claimed under.
This extends access to the VRB for veterans and dependants whose claims came under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) creating a ‘single review pathway’ that aligns the review process for all compensation claim decisions.
The new single review pathway takes effect from 21 April 2025. Decisions made under the DRCA from this date will be open to review by the VRB.
Currently, if a veteran or dependant appeals a decision under the DRCA the first level of external merits review is by the Administrative Review Tribunal (ART). This change allows an appeal to the VRB without having to go straight to the ART.
This means that all appeals lodged from 21 April 2025 can go to the VRB for the first level of external merits review.
The internal own motion review process will remain. This means if DVA made an error, section 347 of the MRCA can be used to conduct an own motion review and resolve the error. If the client is seeking a formal appeal, this will progress with an application directly to the VRB.
From 21 April 2025, instead of applying for a VRB review through DVA, veterans will be able to apply directly to the VRB.
Information about how veterans or dependants can request a review is available on the VRB website (www.vrb.gov.au/how-apply), with options including:
- lodging it online
- posting it
- sending an email
- in person at a VRB registry.
Important administrative changes include:
- Section 137 reports will continue to be needed but will be re-titled as s352D reports to reflect the relevant section of the MRCA.
- The target time for DVA to process a s352D report is 28 days.
- From 21 April 2025, requests for s352D reports will be sent via email from the VRB to DVA. The VRB will notify DVA of such requests within 24-48 hours of being received (which is ‘as soon as practicable’ as per section 352C of the MRCA).
- The 28 days will commence the day following when VRB requested the s352D report.
- Veterans can request a VRB review within 12 months of receiving a determination (this is no change).
A single review pathway will harmonise the appeal pathways across each of the three Acts bringing consistency to the way veterans appeals are treated regardless of the timing of their service.
Further information on the single review pathway is available on the DVA website at Single Review Pathway | Department of Veterans' Affairs