Supporting Veterans with DVA claims
Self-Representation
To assist you in self-representing, Australian Veteran Advocacy has put together the following four step self-representation guide, and has also worked with the Navy Transitions Team to collaborate on a self-representation guide for initial liability claims, available here.
While the team at Australian Veteran Advocacy understands that some veterans will want to take the lead on their DVA journey, it is our firm belief that an experienced, quality Advocate is generally the best option to ensure the full range of DVA entitlements are accessed and that all applicable injuries and illnesses are recognised.
If you find that after reading our self-representation guide, or the Navy Transitions self-representation guide, that you are lost or don’t know how to proceed, please contact the Australian Veteran Advocacy team for advice and possible representation.
Step One - Understand which legislative Acts your service is covered by
There are three main legislations that cover veteran’s who are injured or suffer an illness as a result of their military service. Veterans can be covered by one or more legislation Acts, depending on when and how they served.
Veterans' Entitlement Act 1986 (VEA)
In general, the VEA covers service in wartime and certain operational deployments, as well as certain peacetime service between 7 December 1972 and 30 June 2004.
For peacetime service eligibility, a veteran who did not complete at least three years full-time service prior to 7 April 1994 is not covered under the VEA, unless they were medically discharged.
For more information on the VEA, speak to one of the team at Australian Veteran Advocacy or check out the DVA information page at https://www.dva.gov.au/financial-support/compensation-claims/laws-cover-claims/vea
Defence Rehabilitation and Compensation Act 1988 (DRCA)
Previously known as the Safety Rehabilitation and Compensation Act (SRCA), in general the DRCA covers service in peacetime and peacekeeping circumstances up to and including 30 June 2004, and operational service between 07 April 1994 and 30 June 2004.
There can be, in certain situations, dual-eligibility overlap between the DRCA and the VEA for a single injury/illness.
For more information on the DRCA, speak to one of the team at Australian Veteran Advocacy or check out the DVA information page at https://www.dva.gov.au/financial-support/compensation-claims/laws-cover-claims/drca
Military Rehabilitation & Compensation
Act 2004 (MRCA)
The MRCA covers all service including and post 01 July 2004.
There is no dual-eligibility over-lap between the MRCA the other Acts for a single injury/illness, although a veteran can have injuries/illnesses covered under one Act and different injuries/illnesses covered under another Act if they served both pre-01 July 2004 and post-01 July 2004.
For more information on the MRCA, speak to one of the team at Australian Veteran Advocacy or check out the DVA information page at https://www.dva.gov.au/financial-support/compensation-claims/laws-cover-claims/mrca