Supporting Veterans with DVA claims
Self-Representation
To assist you in self-representation, 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 4 - Access post-liability entitlements
Once your initial liability claim has been accepted, there are a range of entitlements accessible through DVA. What you can access specifically will depend on your particular circumstances at the time of application, so it is important to periodically check what your your entitlements might be.
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The common entitlements that Veterans access post initial liability determination include (but are not limited to):
Once you have a condition accepted, whether an injury or illness, you can access all reasonable medical treatment and management costs for that condition by using your related White Card.
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If you have a Gold Card, you can access all reasonable medical treatment and management costs for all conditions, irrespective of whether they are accepted conditions or not.
Note that DVA only pay the Medicare scheduled rates for treatment and it is your responsibility to obtain treatment and management from a provider that accepts DVA clients under those terms.
For treatment or management from allied health providers or specialists you might need to obtain a GP referral first, and DVA normally require referrals to be accompanied by DVA form D0904; GPs have electronic access to this form, but it is also available here:
https://www.dva.gov.au/about-us/dva-forms/d0904-dva-request/referral-voucher
Note:
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referrals are valid for 12 months or for 12 visits
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if you require further treatment or management, a D0904 will need to be re-issued by your GP
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If you incur medical expenses while waiting for your claims to be accepted, you can claim reimbursement for some of these out of pocket expenses through the Medical Expenses Privately Incurred (MEPI) scheme:
Financial support when you are unable to work
If you have lost income as a result of your accepted condition(s), you may be able to claim Incapacity Payments from DVA. Incapacity Payments are similar to private Income Protection Insurance in that:
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they must be applied for with supporting evidence
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they cover loss of income up to 100% for 45 weeks and up to 75% beyond that time (unless the veteran is participating in a DVA authorised or funded vocational rehabilitation program)
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they are generally only available until a veteran reaches the Age Pension age
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Incapacity Payments can be used for short or extended periods such as:
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when a veteran is off work post ankle reconstruction surgery for six weeks
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when a veteran is unable to return to the workforce for several years or more
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If you do need to apply for Incapacity Payments, information can be found at the following DVA page:
https://www.dva.gov.au/financial-support/income-support/support-when-you-cannot-work
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Access to Home Support Services
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If, as a result of your accepted condition(s), you have difficulties in completing ‘domestic employment activities’ you can apply for assistance through the Home Support Services scheme (HHS).
If approved, you can access support for a range of household services such as cleaning, shopping, cooking, gardening, ironing, home maintenance and more.
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Access to the scheme and specific entitlements differs based on what Act your condition(s) are accepted under.
To apply for HHS, you need to complete DVA form D9319 with your GP and submit this to DVA: https://www.dva.gov.au/sites/default/files/dvaforms/d9319.pdf. DVA will organise for an Occupational Therapist to do a home visit and from there, determine what extra support you may be entitled to and for how long.
Further information about HHS can be found on its DVA page:
Other in-home support that veterans may be entitled to can include:
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help so you can stay in your own home such as attendant or personal care
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home nursing visits
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home appliances, aids and building modifications
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respite care for you or your carer
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convalescent care
In-home support is tailored to a veteran’s specific circumstances, so if you need to claim one or more of the above entitlements it is best to contact DVA in the first instance. Further information can be found on the DVA page:
https://www.dva.gov.au/health-and-treatment/care-home-or-aged-care/services-help-you-home
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Access to financial compensation for permanent impairment
If, as a result of your accepted condition(s), you have suffered a permanent impairment - ie. loss of function - there may be financial compensation payable to you for this loss.
Compensation is not paid because you suffer a condition, but for the impact that condition has on your daily life. The extent of the impairment is determined at the time of assessment, not as it was in the past or might be in the future. If the functional impact of your condition does change over time then compensation can be re-assessed.
Compensation varies significantly between the three Acts, so what you can be compensated for and how you can be compensated will depend on what condition(s) you have accepted and under which Act they are accepted:
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​Veterans' Entitlements Act
Under the VEA, compensation is assessed at the same time as initial liability.
If compensation entitlement is determined, this is known as a Disability Compensation Payment and is always paid as a tax-free fortnightly pension.
VEA compensation assessment is a single assessment of all conditions accepted under the VEA.
Depending on the severity of the impact of your condition(s), there are several types of Disability Compensation Payments you may access:
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General Rate
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Intermediate Rate
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Special Rate
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Extreme Disability Adjustment
Compensation is assessed using Guide to the Assessment of Rates of Veterans' Pensions (GARP V) which is available at:
https://www.dva.gov.au/sites/default/files/garp5.pdf
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To be awarded any compensation, impairment must be assessed at more than 10% for the totality of all VEA accepted conditions. For compensation re-assessment, an increase of 10% impairment must be determined.
If you are awarded a General Rate disability compensation payment of 100%, you will also be awarded a Gold Card.
For further information about VEA permanent impairment compensation, refer to the DVA page at:
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Safety, Rehabilitation and Compensation (Defence-related Claims) Act
Under the DRCA, compensation assessment has to be specifically requested. If compensation entitlement is determined, this is always paid as a tax-free lump sum payment.
DRCA compensation assessment is based on each individual condition accepted under the DRCA.
Compensation is assessed using Part 2 of the Guide to the Assessment of the Degree of Permanent Impairment (the Approved Guide), which is available at: https://www.comcare.gov.au/about/forms-publications/documents/publications/claims/assessment-of-degree-of-permanent-impairment.pdf
To be awarded any financial compensation under the DRCA, the impairment for a single condition must exceed 10 impairment points. For compensation re-assessment, an increase of 10 impairment points must be determined.
There is no compensation under the DRCA for ‘pain’ which is unique to this Act. There is also no entitlement to a Gold Card under this Act.
For further information about DRCA permanent impairment compensation, refer to the DVA page at:
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Military Rehabilitation and Compensation Act
Under the MRCA, compensation assessment has to be specifically requested.
If compensation entitlement is determined, the veteran can generally elect how they receive this compensation, whether as a fortnightly pension, lump sum payment or combination of the two. The exception to this rule is that if the veteran is already receiving a VEA compensation payment then they must receive the MRCA compensation payment as a lump sum.
MRCA compensation assessment is an assessment of whole of person impairment, which means impairment is determined for all accepted conditions against all Acts, but compensation is only paid for the impairment caused by MRCA accepted conditions.
Compensation is assessed using the Guide to Determining Impairment and Compensation (GARP M), which is available at:
https://www.legislation.gov.au/Details/F2005L01293/Download
To be awarded any financial compensation under the MRCA, the impairment for the MRCA-accepted conditions must exceed 5 impairment points. For compensation re-assessment, an increase of 5 impairment points must be determined.
If the MRCA compensation assessment for whole of person impairment (including MRCA, DRCA and VEA accepted conditions) exceeds 60 points, you will also be awarded a Gold Card
For further information about MRCA permanent impairment compensation, refer to the DVA page at: