Last reviewed: 30 October 2026 by TAG Legal Team
Quick answer: For most DVA compensation decisions, your DVA appeal time limit is 12 months to apply to the Veterans' Review Board (VRB), counted from when you receive the decision. The VRB has no power to extend it. If you then disagree with the VRB, you usually have 3 months to apply to the Administrative Review Tribunal (ART).
Key facts
- For most decisions under the MRCA, and DRCA decisions made on or after 21 April 2025, you have 12 months to apply to the VRB. Your decision letter states your exact time limit. (VRB: When to apply)
- DVA says the 12 months runs from when you receive your decision. (DVA: About the VRB)
- The VRB has no power to extend the time limit. (VRB: When to apply)
- For most decisions made on or after 21 April 2025, you apply straight to the VRB rather than asking DVA to reconsider. (CLIK: 3.5.6 Reasons for decision, CLIK: Notes regarding requests for reconsideration)
- To take an MRCA decision of the VRB to the ART, you usually have 3 months after you receive it. You can ask the ART, in writing, to extend that time. (ART: Veterans' entitlements)
How long is my DVA appeal time limit?
For most compensation decisions, you have 12 months to apply to the VRB. That covers decisions made by the Department of Veterans' Affairs (DVA) under the Military Rehabilitation and Compensation Act 2004 (MRCA) and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA). (VRB)
Some decisions under the Veterans' Entitlements Act 1986 (VEA) have a shorter limit. Every decision letter states its own time limit, so the letter in your hand is the one to go by. (VRB)
- MRCA decision to the VRB: 12 months for most decisions (VRB).
- DRCA decision (made on or after 21 April 2025) to the VRB: 12 months for most decisions (VRB).
- VEA decision on a claim to have a condition accepted, or about a veteran's death, to the VRB: 12 months, but maximum arrears can only be paid if you apply within 3 months of receiving notice (VRB).
- VEA decision assessing a rate of pension, or on attendant allowance, to the VRB: 3 months (VRB).
- MRCA decision of the VRB to the ART: Usually 3 months after you receive the VRB decision (ART).
Who this covers: decisions on compensation claims made on or after 21 April 2025. That includes most claims lodged under the VEA or DRCA before 1 July 2026, which are generally still decided under those Acts. (DVA: The VETS Act) It doesn't cover VEA income support or qualifying service decisions. Those go straight to the ART, not the VRB. (DVA: Single review pathway) Older decisions followed earlier pathways, and the letter says which one applies.
Recent change (1 July 2026): new compensation claims are now decided under the MRCA. The review route for those decisions is the same: the VRB first, then the ART if you are eligible. (DVA: Single review pathway)
New to the process? Our guide to how DVA claims work shows where review fits.
Does the clock start from the date on the letter or when I got it?
DVA says the 12 months runs from when you receive your decision. (DVA: About the VRB) The VRB also asks for the date you received the decision when you apply. (VRB: How to apply)
Some DVA guidance counts from the date of the letter instead. (CLIK: 3.5.6) So don't bank on the gap. Work to the date printed on the letter, and treat any delay in it reaching you as margin, not extra time.
Keep anything that shows when the letter arrived, like the envelope or the email.
Can I ask DVA to reconsider instead?
Not for most decisions made on or after 21 April 2025. For those, you apply directly to the VRB rather than to DVA. (CLIK: 3.5.6, CLIK: Notes regarding requests for reconsideration)
DVA can still choose to reconsider a decision on its own motion. (CLIK: 3.5.6) That's DVA's call, not a review right you can rely on, so it's no substitute for lodging with the VRB on time.
Should I wait for new evidence before I lodge?
No. Lodge your VRB application inside the time limit, then build the evidence. The VRB's own practice direction says the proper time to gather evidence is during its dispute resolution process. (VRB: General Practice Direction)
The VRB can also look at relevant evidence DVA didn't have when it made the original decision. (CLIK: VRB hearings) Waiting months for a specialist report before you lodge puts the whole review at risk, because the deadline can't be moved.
Here's the order to do it in:
- Find the time limit in your decision letter and write the deadline down.
- Lodge the application with the VRB. The VRB recommends sending its application form by email to reviews@vrb.gov.au. You can also post it to VRB, GPO Box 1631, Sydney NSW 2001, or lodge it in person at a VRB registry. (VRB: How to apply)
- Say why you disagree with the decision. You must state your reasons, and attach any extra evidence you already have. (DVA: About the VRB)
- Keep proof of when you lodged.
- Line up the medical evidence while the VRB process gets under way.
Applying to the VRB doesn't cost anything. (DVA: About the VRB) If you're not sure whether a review is worth it, a free claims assessment will give you a straight answer. And if your claim was knocked back, what to do when DVA rejects your claim walks through your options.
What if I've missed the 12-month VRB deadline?
The VRB can't help with a late application. It says plainly that it has no power to extend the time limit. (VRB: When to apply) DVA advises applying for a review as soon as possible. (DVA: About the VRB)
So the best protection is acting early. DVA counts the 12 months from when you receive the decision, and it doesn't pause while you think about it or wait for reports.
If you've already missed it, your options are limited and depend on your situation. Get advice quickly, about your own circumstances, before you do anything else.
How long do I have to go from the VRB to the ART?
Usually 3 months after you receive the VRB decision, for an MRCA matter. (ART) DVA also gives 3 months from a VRB decision as the usual ART time limit. (DVA: Single review pathway) Your VRB decision tells you the timeframe for your case. (DVA: ART)
Unlike the VRB, the ART can extend its time limit. You apply in writing and explain why the application is late. You can do this when you lodge, or by separate email or letter. (ART)
DVA says the ART may accept a late application, at its discretion, up to 12 months after the decision. Acceptance isn't guaranteed, and a late application may affect how far your payments are backdated. (DVA: ART) Treat the 3 months as the real deadline.
There are no fees for ART review of decisions under the VEA, DRCA and MRCA. (DVA: ART)
Do all DVA decisions have the same time limit?
No. The limit depends on which Act the decision was made under and what kind of decision it is. The VRB pathway covers decisions on initial liability, disability compensation, permanent impairment, incapacity payments and related entitlements. (DVA: Single review pathway)
Each letter carries its own review rights and its own date. Read every one, even a decision on a claim you thought was settled. If it's about a mental health condition, our PTSD DVA claim guide covers the claim side.
Where does TAG Legal fit in?
TAG Legal helps veterans with DVA claims Australia-wide. On a review, that means reading the decision letter, working out the time limit and getting the application in well inside it, then building the evidence behind it.
The law prevents lawyers from appearing for you at a VRB hearing. Lawyers can still help prepare your application, take part in the VRB's dispute resolution events and prepare written submissions for a hearing. (VRB: Representatives) Many ex-service organisations also provide advocates free of charge. (VRB: Representatives)
If you have a letter and you're not sure where you stand, start with a free claims assessment.
Frequently asked questions
How long do I have to appeal a DVA decision?
For most MRCA and DRCA decisions, you have 12 months to apply to the Veterans' Review Board. Some VEA decisions have 3 months. Your decision letter states the exact time limit for your decision.
Does my DVA appeal time limit start from the date on the letter or when I received it?
DVA says the 12 months runs from when you receive your decision, but some DVA guidance counts from the date of the letter. To be safe, work to the date printed on the letter.
Can the VRB give me more time?
No. The Veterans' Review Board says it has no power to extend the time limit to apply for a review. If you've missed it, get advice about your situation quickly.
Can I ask DVA to reconsider my decision?
Not for most decisions made on or after 21 April 2025. You apply directly to the Veterans' Review Board instead. DVA can still reconsider a decision on its own motion, but that's its choice, not a right you can rely on.
Should I lodge before I have my new medical report?
Yes. Lodge inside the time limit, then gather the evidence. The VRB says the proper time to gather evidence is during its dispute resolution process, and the deadline can't be moved.
How long do I have to take a VRB decision to the ART?
Usually 3 months after you receive the VRB decision. The Administrative Review Tribunal can extend the time if you apply in writing with reasons, but a late application isn't guaranteed to be accepted.
Does it cost anything to apply to the VRB or the ART?
No. A VRB review is free, and there are no fees for ART review of decisions under the VEA, DRCA and MRCA. Costs of a paid representative are a separate matter.
Get a free claims assessment.
If this brings things up for you
- Open Arms: Veterans & Families Counselling, free and confidential, 24/7: 1800 011 046
- Lifeline, 24/7 crisis support: 13 11 14
- In an emergency, call 000.
General information only. This article is general information about Australian veterans' entitlements as at the "last reviewed" date above. It is not legal advice and does not take your circumstances into account. The law and DVA policy change. Before acting, get advice about your own situation. TAG Legal Pty Ltd is an incorporated legal practice regulated by the Law Society of New South Wales.
