Your DVA Claim Was Rejected. What Now?

A refused claim lands hard. It reads as though someone has decided you were not really injured, or not really telling the truth. Almost always, that is not what has happened.

What a rejection usually means

In our experience most refusals turn on something the delegate could not find rather than something untrue:

• No formal diagnosis — a symptom was claimed rather than a named condition.
• The wrong Statement of Principles was applied, or only one standard of proof was considered.
• A factor was genuinely met, but nothing in the material demonstrated it.
• The clinical history was never connected to service in writing.

Each of those is fixable, because each is an evidentiary gap rather than a verdict.

Read the determination properly

The determination letter sets out the reasons for the decision. Those reasons are the brief for the appeal. An appeal that argues in general terms about how hard your service was, without answering each stated reason, will fail no matter how sympathetic the story.

This is what a Determination Analysis does: it goes through the decision line by line and records every factual, medical and procedural error, so you can see what actually has to be answered before deciding whether to proceed.

Review is decided on evidence, not argument

Whichever review path applies to your matter, the body reviewing the decision decides on the material in front of it. New submissions rarely change an outcome. New evidence does.

In practice, overturning a determination usually means producing the document that was missing the first time: a diagnosis where there was none, imaging where the diagnosis was doubted, or a Diagnostic Assessment that names the correct SoP and works through each factor against the record.

Time limits are real

Review rights come with deadlines, and some are short. If a determination has arrived and you disagree with it, get advice quickly rather than waiting until you feel ready — the clock does not care.

If a deadline has already passed, that is not always the end. A fresh claim supported by new evidence can often be lodged for the same condition.

Who does what

Advocates and lawyers lodge appeals and appear at hearings, and free advocacy support is available through ex-service organisations. We are doctors, not advocates: we produce the analysis, the medical evidence and the appeal document, and hand them over ready to lodge. The two roles work well together, and most of our appeal work is done alongside someone else acting for the veteran.

Frequently asked questions

How long do I have to appeal?

It depends on the Act and the type of review, and some limits are short. Send us the determination as soon as it arrives and we will tell you which deadline applies.

My claim was refused years ago. Is it too late?

Not necessarily. A new claim with new evidence can often be lodged for the same condition, and Statements of Principles are periodically reissued — a factor that did not exist then may exist now.

Do you lodge the appeal or attend the hearing?

No. We write the evidence; you or your advocate lodge it and appear. The documents are written to stand on their own.

What does an appeal cost?

A Chart Review is $600 + GST for new patients and the appeal report is $600 + GST. If we already hold your Chart Review, only the report is charged.

Talk to us

If you want to know where you stand before spending anything, call 0429 146 039 or email reception@vhc.org.au for a no-obligation consult with the Veterans Health Centre in Ipswich, Queensland.

This article is general information for Australian veterans and is not legal or financial advice. Your entitlements depend on your service, your conditions and the evidence available.