Tips for dealing with the Department of Veterans’ Affairs

Confusion over what scheme you and your family may be covered by

It may be more than one scheme depending on the dates and places of your service. And to make it even more confusing, you or your dependants may have multiple entitlements for the same injury, disease or death under more than one scheme. This is on top of entitlements under one or more government ex gratia schemes, a Commonwealth-funded superannuation policy and/or a personal insurance policy.

Feeling like just another number

Sadly, in my experience, the DVA often treats veterans and ex-service personnel as numbers, not as men and women who have served and made sacrifices to protect their country and now need help in their time of need. Many veterans find the service provided by the DVA to be bureaucratic, inefficient and unhelpful. The complex legal framework also makes it difficult for veterans to get the correct help they need. As a result, veterans may end up feeling stressed and powerless to move forward and may even miss out on all their entitlements.

Not getting the best independent legal advice that has your interests top of mind

The DVA has its own lawyers advising the agency about your claim. These lawyers will not give you, the claimant, independent legal advice, nor will you automatically be paid your full compensation entitlement.

Don’t go it alone

When trying to get much-needed compensation, people often think they can ‘go it alone’ or get advice from someone who’s not legally qualified or insured to help with their claim. The military compensation legal framework is considered the most complex in Australian law, and with the DVA using its own lawyers for your claim, you’re not getting the best independent legal advice, nor will you automatically be paid your full compensation entitlement.

To get the most from your claim, it’s important to get independent expert advice from a lawyer who is qualified and experienced in dealing with the system and who will stand up for your rights.

Don’t solely trust that the MRCC knows best

Once your claim has been submitted, it’s over to the MRCC delegate to decide which compensation scheme is best for you. Often veterans just accept the delegate’s view without question. It’s important to remember that delegates are public servants employed by the government – they don’t necessarily understand your unique circumstances or have your best interests at heart.

Don't think it’s too late

While it’s important to act on a claim as soon as you know you’re eligible, if you’ve been knocked back before or you think you’ve missed your time frame, you should still seek professional advice. In many cases, we’ve been able to help clients who think they’ve missed the boat.

Get independent advice

My biggest tip for dealing with the DVA is to do so with the support of a qualified, independent lawyer. You’ll benefit from working with someone who knows the system inside out and can look forward to much less stress as you work to move on with your life.

The Military Compensation Group at Slater and Gordon is the largest legal practice in Australia acting on behalf of ADF personnel and Veterans. My team understands the range of different schemes that cover military compensation and rehabilitation, and, unlike the DVA, we are genuinely interested in getting the best possible outcome from your claim for you and your family.