About Veterans Affairs
Given the complexity of the military compensation system and the unique environment ADF service-people experience, it is important that our veterans are able to explore all options and entitlements open to them in the context of their circumstances. We understand that the military context is different to the civilian context and that your needs are different.
The Department of Veterans’ Affairs (DVA) is responsible for determining entitlement for compensation for current or former ADF members. Three different pieces of legislation – the Veterans’ Entitlements Act 1986 (VEA); Safety, Rehabilitation and Compensation (Defence-Related Claims) Act 1988 (DRCA); and, the Military Rehabilitation and Compensation Act 2004 (MRCA) — apply to veteran’s compensation in relation to eligibility In addition, countless legislative instruments relate to DVA legislation.
From 12 October 2017, all claims made under the Safety, Rehabilitation and Compensation Act 1988 (SRCA) are now considered under the DRCA. All existing claims under the SRCA are now treated as claims under the DRCA.
At Lander & Co, we devote the first Wednesday morning of every month to providing free, professional and expert initial advice to ex- and current service members. The complexity and extensiveness of the legislation and policy governing veteran’s and military compensation can be overwhelming and confusing for members and their advocates who try to tackle this system without legal advice.
We encourage all members and their advocates to seek legal advice in relation to compensation so the member’s interests are fully protected and injured veterans and current service members receive all entitlements they are provided under law.
Our process for Veterans Affairs claims
During this interview, we will take a history from you and, if warranted, seek instruction to obtain your service records, including your medical records. It is important that clients are open and honest with us and understand that we will represent their best interests.
We will review your service record, including medical record, and determine which compensation scheme(s) applies to your situation. We will discuss pros and cons of each scheme if you are eligible for more than one scheme.
Further Medical Evidence
It may be necessary for more in-depth and/or current and/or specific medical evidence to be obtained in relation to your condition. We may seek to your instructions to view your current medical record and/or arrange a medical appointment with a specialist.
Seek Further Advice
We may seek further evidence to support your claim with the DVA – for example, affidavits from friends and family.
Submit Your Claim/Review
We will submit your application in the format most likely to assist the decision-maker to come to a timely decision.
Follow the reconsideration/review process
If liability is denied in relation to your claim, we can help you follow the review/reconsideration process, both through the DVA and the Administrative Appeals Tribunal. We may engage the services of a barrister to assist with this process.