Last reviewed: 30 October 2026 by TAG Legal Team
Quick answer: If DVA rejected your claim, you can usually ask the Veterans' Review Board (VRB) for an independent review. For decisions made on or after 21 April 2025, you generally have 12 months, and the VRB can't extend that. Check the deadline in your letter, read the reasons, and work out what evidence was missing.
Key facts
- DVA must give you its decision in writing, with the reasons, and the letter should set out your review options. (CLIK: Reasons for decision)
- For compensation decisions made on or after 21 April 2025, the first review step is the VRB, whichever Act your claim was under. (DVA: Single review pathway)
- The VRB has no power to extend the time limit to apply. (VRB: When to apply)
- The VRB is independent of DVA, and a VRB review is free. (DVA: About the VRB)
- If the VRB doesn't resolve it, you can usually apply to the Administrative Review Tribunal (ART) within 3 months of receiving the VRB's decision. (ART: Veterans' entitlements, DVA: Administrative Review Tribunal)
DVA rejected my claim, what now?
A rejection is a decision you can have reviewed. For most decisions made since 21 April 2025, that review is done by the VRB, an independent body that takes a fresh look at the facts, the law and the policy and makes its own decision. (DVA)
Who this covers: compensation claim decisions by the Department of Veterans' Affairs (DVA) made on or after 21 April 2025. That includes decisions on new claims under the Military Rehabilitation and Compensation Act 2004 (MRCA), which since 1 July 2026 is the Act for all new claims. Decisions made before 21 April 2025 follow the older pathways, and claims lodged before 1 July 2026 are generally decided and reviewed under the Act they were lodged under. (DVA: Making a claim) Your decision letter tells you which pathway applies to you. (DVA: Single review pathway, CLIK: MRCA manuals)
Recent change (1 July 2026): new claims are now made under the MRCA, and DVA has new rules on lodging a fresh claim for a condition that was rejected before (see "What are my options" below).
If you want the bigger picture first, our guide on how DVA claims work shows where a decision sits in the process.
How long do I have to challenge a DVA decision?
Generally 12 months to apply to the VRB, for decisions made on or after 21 April 2025. The VRB says it has no power to extend that time limit, so the date in your letter is the one that counts. (VRB: When to apply, DVA)
One thing to know if your decision was made under the Veterans' Entitlements Act 1986 (VEA) and was about whether a condition is service related: the VRB says maximum arrears can only be paid if you apply within 3 months of receiving the decision. (VRB: When to apply)
Always confirm the deadline in your own decision letter. Our guide to the DVA appeal time limit goes through the time limits in more detail.
Why did DVA reject my claim?
The reasons are in your letter. DVA's policy manual says the reasons should cover the condition claimed, the diagnosis, the evidence considered, the standard of proof applied, and why the condition is or isn't related to service. A rejection should also confirm that all the Statement of Principles factors were considered. (CLIK: Reasons for decision)
That gives you a checklist for reading your letter:
- The condition claimed: Is it the condition you actually have, named the way your doctor names it?
- The diagnosis: Did DVA accept a diagnosis? If not, what was missing?
- The evidence considered: Is anything you sent left off the list? Is there evidence you never sent?
- The standard of proof: Which test was applied to your type of service?
- The link to service: Which Statement of Principles factors were looked at, and why weren't they met?
The gap between what DVA had and what it needed is usually where the work on a review starts.
How does DVA decide if a condition is related to service?
For most conditions, it uses a Statement of Principles (SoP). SoPs are made by the Repatriation Medical Authority (RMA), have the same legal effect as legislation, and list the factors that can link a condition to service. (RMA: FAQs, DVA: Statements of principles)
The decision-maker asks two questions: does one of the SoP factors apply to you, and if so, is it connected to your service? At least one factor has to be related to your service. Most conditions have two SoPs: a "reasonable hypothesis" version for operational service and similar service, and a "balance of probabilities" version for other service. (RMA: FAQs)
For example, the current SoPs for sensorineural hearing loss and tinnitus both include factors about noise exposure. (RMA: SoP factor search) The SoPs are published at rma.gov.au.
So a "not related to service" finding is a finding about the evidence measured against a listed factor. It isn't a judgement about you. If your claim was for post-traumatic stress disorder, our PTSD DVA claim guide covers the evidence for that condition.
What are my options after a DVA claim is rejected?
For a decision made on or after 21 April 2025, the main option is a review by the VRB. Asking DVA to reconsider and lodging a fresh claim are both limited.
- Review by the VRB: Most compensation decisions made on or after 21 April 2025. Time limit: Generally 12 months, no extensions.
- Ask DVA to reconsider: You can't formally request this for decisions made on or after 21 April 2025. Time limit: Not applicable.
- Lodge a new claim for the same condition: Only once the old claim is finalised and the time to appeal has run out, and you have new evidence. Time limit: Not applicable.
- Review by the ART: After the VRB has decided. Time limit: Usually 3 months from receiving the VRB decision.
Reconsideration by DVA. For decisions made on or after 21 April 2025, you can't request a reconsideration by the Commission. The Commission can still reconsider a decision on its own motion. (CLIK: Notes regarding requests for reconsideration, CLIK: Reasons for decision (MRCA), DVA)
A new claim. From 1 July 2026, DVA says you may be able to lodge a new MRCA claim for a condition that was rejected before. All three of these must be true: the previous claim is fully finalised, there are no appeal options left and the time to appeal has expired, and you have new additional evidence. New evidence can include new medical information, a changed SoP or new witness statements. (DVA: New claim after a previously rejected claim)
That means a new claim isn't a shortcut while your 12 months to apply to the VRB is still running. If you're unsure which route fits your letter, a free claims assessment can help you work it out.
What should I do next, step by step?
- Find the deadline. Look for the review section of your decision letter and write the date down. (VRB)
- Read the reasons. Use the checklist above to see what DVA found on the diagnosis, the evidence and the link to service.
- Work out the gap. List the evidence that would answer each reason.
- Apply to the VRB. For decisions made on or after 21 April 2025, apply directly to the VRB. The VRB recommends sending its application form by email to reviews@vrb.gov.au. You can also post it to GPO Box 1631, Sydney NSW 2001, or lodge it in person at a VRB registry. (VRB: How to apply) For older decisions, applications go through DVA. (DVA: Single review pathway)
- Gather the evidence. The VRB can consider information the original decision-maker didn't have. (DVA: About the VRB)
Want someone to look at your letter with you? Start with a free claims assessment.
What evidence can change the outcome on review?
Evidence that answers the reasons in your letter. The VRB looks at all the material in front of it, including new information the original decision-maker didn't see, and can ask DVA to arrange extra medical reports or further investigation. (DVA: About the VRB)
Depending on what your letter says was missing, that might be:
- a diagnosis from a suitable doctor, if the diagnosis wasn't accepted;
- service records that place you in the role or at the event;
- statements from people who served with you;
- a medical report that deals with the specific SoP factor, not just your symptoms.
What happens at the VRB?
Most cases start with dispute resolution rather than a hearing. The first step is usually an "outreach": a private, confidential discussion with a Conference Registrar or Member, by phone, video or in person, to identify the issues and the next steps. (VRB: Dispute resolution events, VRB: General Practice Direction)
In some cases the VRB suggests a favourable decision "on the papers" and sends you a draft to accept. If the case isn't resolved, you can choose to go to a hearing, usually before a panel of three VRB members. Hearings are held in private. (VRB: Dispute resolution events, VRB: Questions you may have, DVA: About the VRB)
Can a lawyer help with a VRB review?
Yes, with the preparation, but not at the hearing itself. The VRB says lawyers can help prepare an application, take part in its dispute resolution events and prepare written submissions, but the law prevents lawyers from appearing at VRB hearings. (VRB: Representatives and the rules they must follow, VRB: Questions you may have)
At the hearing you can be represented by someone who isn't a lawyer, and a number of ex-service organisations provide representatives free of charge. (VRB) At the ART, the next step after the VRB, you can be represented by a lawyer. (ART: What happens during a hearing)
TAG Legal is a fee-charging law firm that helps veterans with DVA claims Australia-wide. On a review, we read the decision against the SoP, gather the evidence that was missing, help prepare your VRB application and written submissions, and take part in the dispute resolution stages. Your first chat is free, and you can read how our fees work.
What if the VRB says no?
You can usually apply to the ART. For a VRB decision under the MRCA, the ART says you generally have 3 months after you receive the VRB's decision. If you're late, you can ask the ART in writing for more time, with your reasons, and the ART decides whether to extend. There's no fee to apply to the ART about an MRCA decision. (ART: Veterans' entitlements, DVA: Administrative Review Tribunal)
If the ART is reviewing a VRB decision, Legal Aid may be available. (DVA: Administrative Review Tribunal)
Once a condition is accepted, it also counts towards your health care: a White Card covers treatment for accepted conditions. See Gold Card vs White Card.
Frequently asked questions
How long do I have to appeal a DVA decision?
For decisions made on or after 21 April 2025, you generally have 12 months to apply to the VRB. The VRB can't extend that time, so check the exact deadline in your own decision letter.
Can the VRB give me more time to apply?
No. The VRB says it has no power to extend the time limit to apply for a review.
Can I add new evidence at the VRB?
Yes. The VRB can consider new information that wasn't available to the original decision-maker, and it can ask DVA to arrange extra medical reports.
Can I ask DVA to reconsider its decision?
Not formally, for decisions made on or after 21 April 2025. The review step is the VRB. DVA's Commission can still reconsider a decision on its own motion.
Can I just lodge a new claim instead?
Only in limited cases. From 1 July 2026, DVA says a new MRCA claim for a previously rejected condition needs the old claim to be finalised, the time to appeal to have expired, and new additional evidence.
Can a lawyer represent me at the VRB?
Not at the hearing. Lawyers can help prepare your application and written submissions and take part in dispute resolution, and you can be represented by a lawyer at the ART.
Does it cost anything to apply for a review?
A VRB review is free, and there's no ART fee for reviewing an MRCA decision. Lawyers and other professional representatives are a separate cost. At the VRB, DVA can't pay your representative's fees. At the ART, the Tribunal can award legal costs in limited circumstances.
Can TAG Legal help with my rejected claim?
Yes. We help veterans prepare VRB applications, evidence and written submissions. Your first chat is free.
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.
