DVA claim rejected? How to appeal

The review pathway

For MRCA decisions from 1 July 2026, and decisions from 21 April 2025 under the single review pathway, there are two steps. There's no separate internal reconsideration step first.

1. Veterans' Review Board

   Apply to the VRB, usually within 12 months of DVA's decision. The VRB is informal and doesn't charge fees. Lawyers can't represent you at VRB hearings, but an advocate can.

2. Administrative Review Tribunal

   If you disagree with the VRB, apply to the ART within 3 months of the VRB decision. Late applications are possible up to 12 months, but back pay may be affected. There are no fees, and legal aid may be available.

The ART replaced the Administrative Appeals Tribunal on 14 October 2024.

Older VEA decisions

For VEA decisions, applications about the rate of pension or attendant allowance must be made within 3 months. For entitlement decisions you have 12 months, but you only get full back pay if you apply within 3 months.

Common reasons claims are knocked back

• No clear diagnosis, or a diagnosis that doesn't match the Statement of Principles wording.
• Service details that don't meet a SoP factor or the presumptive test, often because of how service periods were counted.
• For permanent impairment, specialist evidence that understates how the condition affects you day to day.

Before you appeal

Read the reasons in the decision letter closely. They usually tell you exactly which factor or piece of evidence was missing. If a condition was refused, a new claim for the same condition needs new evidence.

Common questions

Sources

• DVA: review pathway
• DVA: reviews and appeals
• Veterans' Review Board