We're not going to sugarcoat it - getting your DVA claim denied can feel like a genuine punch to the guts. So much so, many veterans give up after receiving their first claim denial. To stop you from quitting prematurely, we've compiled a comprehensive step-by-step guide on how to challenge the decision so you're significantly more likely to receive a successful outcome the second time around.
What Should I Do If My DVA Claim Is Denied?
If your DVA claim is denied, follow these 8 critical steps: stay determined (75% of appeals succeed), carefully review the denial reasons, seek professional advocacy help from TAG, request formal reconsideration with new evidence, submit VRB appeal if reconsideration fails, escalate to ART if necessary, consider legal assistance for complex cases and maintain comprehensive records throughout. Don't give up - most denials can be overturned with proper evidence, strategic preparation and expert representation. TAG provides comprehensive appeal support from reconsideration through ART.
The Reality of DVA Claim Denials
First, understand that claim denials are unfortunately common, but they're absolutely not the end of your journey. Statistics show that approximately 75% of DVA claims have been overturned or changed when properly appealed. This means your chances of success on appeal are genuinely high when you approach it strategically with proper support.
Common Reasons for Initial Denial:
Insufficient Medical Evidence:
- Medical reports lacking detail on functional impacts
- Missing specialist assessments
- Outdated medical information
- Inadequate documentation of condition severity
Unclear Service Connection:
- Failure to explicitly link condition to service activities
- Missing service records or incident reports
- Statements of Principles (SOP) requirements not met
- Causation not clearly established
Incomplete Application:
- Missing required forms or documentation
- Lifestyle effects not properly documented
- Treatment history incomplete
- Inadequate explanation of how condition affects daily life
Procedural Issues:
- Wrong form used for claim type
- Application lodged under incorrect Act (MRCA vs DRCA vs VEA)
- Missing supporting documentation
Understanding why your claim was denied is the first step toward successfully overturning that decision.
Step 1: Don't Give Up! (Most Critical Step)
Sure, you're going to be disappointed, frustrated and probably angry with the outcome. Those feelings are completely valid and normal. But remember: this decision absolutely isn't the be all and end all.
Critical Statistics to Remember:
- 75% of appeals result in changed determinations
- Most initial denials can be overturned with proper evidence
- Many veterans succeed on appeal who gave up on their first attempt
- Professional advocacy significantly increases appeal success rates
Your Mental Health Matters:
Take Space If You Need It:
- Allow yourself to feel the disappointment
- Talk to family, friends or fellow veterans
- Contact Open Arms if you need support (1800 011 046)
- Don't make hasty decisions in the immediate aftermath
Set a Deadline to Act: Give yourself a specific date (within 2-3 weeks) to jump back on the horse and begin your appeal process. Having a deadline prevents indefinite delay while allowing emotional processing time.
Remember Your Worth: Your claim denial doesn't reflect on your service, your sacrifice or your worthiness of support. It's a bureaucratic decision that can and often should be challenged.
Step 2: Carefully Review the DVA Denial Decision
Once you're ready to proceed, thoroughly analyse the denial to understand DVA's reasoning and identify weaknesses in their decision.
Understanding the Reasons for Denial
Read the Determination Letter Carefully:
The denial letter (formal determination) should explain:
- Which conditions were denied and why
- What evidence DVA considered
- Which Statements of Principles (SOPs) were applied
- What additional evidence was needed
- Your appeal rights and timeframes
Identify Specific Deficiencies:
Common issues in denied claims:
- "Insufficient medical evidence" - what specifically was missing?
- "Service connection not established" - which service factors weren't addressed?
- "Does not meet SOP requirements" - which factors weren't satisfied?
- "Condition not related to service" - what causation evidence was lacking?
Check for DVA Errors
Sometimes DVA Makes Mistakes:
Review for Errors:
- Did they consider all your medical records and evidence?
- Was your service history accurately understood?
- Were relevant SOPs correctly applied?
- Were there factual errors in their reasoning?
- Was evidence misinterpreted or overlooked?
Missing Information:
Sometimes claims are denied because DVA didn't receive crucial information:
- Medical reports you thought were submitted but weren't
- Service records DVA should have accessed but didn't
- Evidence lost or misfiled during processing
- Information requests you never received
If You Identify Clear Errors: These strengthen your appeal significantly. Document them carefully and raise them explicitly in your reconsideration request or VRB submission.
Step 3: Seek Professional Advocacy Help Immediately
Don't try to navigate the appeals process alone. The system is complex, and professional advocates dramatically increase success rates.
Why TAG Advocacy Makes the Difference
At Tactical Advocacy Group, we're experienced veteran advocates who:
Understand the Appeals System:
- Know exactly what DVA looks for in successful appeals
- Understand VRB and ART processes intimately
- Have relationships with medical specialists experienced in DVA requirements
- Know how to address specific denial reasons strategically
Provide Comprehensive Support:
- Review denial decisions and identify appeal grounds
- Gather additional evidence addressing deficiencies
- Prepare compelling reconsideration submissions
- Represent you at VRB hearings
- Coordinate ART representation if necessary
- Handle all communication with DVA throughout the process
Veterans Supporting Veterans: We're veterans ourselves who understand military culture, service-related conditions and what you've experienced. We don't just process appeals - we fight for fellow veterans who've been denied what they've earned.
Free Consultation: We provide free initial consultations to assess your appeal prospects and explain how we can help.
Free DVA Resources
DVA Client Services: If unsure about denial reasons, contact DVA directly:
- Phone: 1800 838 372 (Mon-Fri 8am-5pm local time)
- Ask for clarification of the decision
- Request copies of evidence considered
- Understand specific deficiencies identified
However: While DVA can clarify decisions, they cannot advocate for you or help overturn them. Professional advocacy provides strategic support DVA cannot.
Step 4: Request Formal Reconsideration (Section 137)
If you believe DVA's decision is incorrect or you have new evidence, request formal reconsideration under Section 137 of relevant legislation.
Understanding Reconsideration
What Is Reconsideration?
Reconsideration is your first appeal opportunity where DVA reviews the original decision internally. A different DVA delegate (decision-maker) reviews your case with fresh eyes.
Why Request Reconsideration:
- Faster than VRB or ART appeals (typically 3-6 months)
- Opportunity to submit additional evidence
- No formal hearing required
- Can strengthen your case before proceeding to VRB if unsuccessful
Grounds for Reconsideration:
New Evidence:
- Additional medical reports not available during original assessment
- Specialist opinions providing clearer diagnosis
- Service records recently obtained
- Witness statements from fellow veterans
Clarified Service Connection:
- More detailed explanation linking condition to service
- Additional incident documentation
- Expert medical opinion on causation
- Reference to specific service activities meeting SOP factors
Addressed Deficiencies:
- Medical evidence with greater detail on functional impacts
- Completed lifestyle documentation
- Updated treatment history
- Corrected factual errors in original application
Preparing Your Reconsideration Request
Submit Within Timeframes: While there's technically no deadline for reconsideration requests, submitting within 3 months of the original decision is advisable to maintain continuity.
Required Elements:
Formal Request Letter:
- State you're requesting reconsideration under Section 137
- Reference your original claim and DVA file number
- Clearly state which decision you're challenging
- Briefly summarise grounds for reconsideration
New or Enhanced Evidence:
- Updated medical reports addressing denial reasons
- Additional specialist assessments
- More detailed functional impact documentation
- New service connection evidence
Detailed Submission:
- Point-by-point response to denial reasons
- Explanation of how new evidence addresses deficiencies
- Clear argument for why decision should be reversed
- Reference to relevant SOPs and legislation
TAG's Reconsideration Services:
We prepare comprehensive reconsideration packages including:
- Detailed written submissions addressing every denial reason
- Coordination with medical specialists for targeted reports
- Compilation of all necessary supporting evidence
- Strategic framing maximising reversal prospects
Many TAG clients' claims are accepted at reconsideration stage, avoiding the need for VRB or ART appeals.
Step 5: Submit Veterans Review Board (VRB) Appeal
If reconsideration is unsuccessful or you prefer independent review, appeal to the Veterans' Review Board.
Understanding the Veterans Review Board
What Is VRB?
The VRB is an independent statutory body reviewing DVA decisions. VRB members are not DVA employees and make independent determinations.
VRB Advantages:
- Independent review (not internal DVA process)
- Veteran-friendly, less formal than courts
- Can accept new evidence
- Personal hearings allow you to tell your story directly
- Free service (no filing fees)
- Can completely overturn DVA decisions
What VRB Reviews:
- Original DVA decisions (not just reconsideration outcomes)
- All evidence (original plus anything new)
- Service connection and medical evidence
- Impairment ratings and compensation levels
- Any DVA decision you disagree with
VRB Appeal Process
1. Lodge VRB Application:
Timeframes: Must lodge within 12 months of DVA decision you're appealing (original determination or reconsideration outcome).
How to Lodge:
- Complete VRB application form
- Submit online via VRB website or by mail
- Include copy of DVA decision being appealed
- Outline grounds for appeal
2. Prepare Your Case:
Gather Evidence:
- All medical reports and assessments
- Service records and incident documentation
- Witness statements
- Personal impact statements
- Expert opinions addressing denial reasons
Legal Representation: While not required, having an advocate represent you at VRB significantly improves success:
- TAG provides VRB representation for clients
- We present evidence strategically
- Cross-examine DVA representatives if necessary
- Ensure your case is fully heard
3. VRB Hearing:
What Happens:
- Informal hearing (less formal than court)
- VRB panel (typically 3 members) hears your case
- You can attend in person, by phone or video conference
- You (or your advocate) present evidence
- DVA representative may attend
- VRB asks questions to understand your case
Hearing Preparation:
- Review all evidence thoroughly
- Prepare opening statement
- Anticipate questions VRB may ask
- Bring additional supporting documentation
- Consider having family members provide observations
4. VRB Decision:
Timeframes: VRB typically makes decisions within 3-6 months of hearing.
Possible Outcomes:
- Affirm DVA decision: Denial upheld
- Vary DVA decision: Partially overturn (accept some conditions, deny others)
- Set aside and substitute: Completely overturn denial and accept claim
- Set aside and remit: Send back to DVA for reconsideration with directions
If Successful: Your claim is accepted and you receive entitled compensation and benefits.
If Unsuccessful: You can appeal to the Administrative Review Tribunal (ART).
TAG's VRB Services
Comprehensive VRB Representation:
- Assess appeal prospects before lodging
- Prepare detailed VRB submissions
- Coordinate additional medical evidence
- Represent you at hearings
- Present evidence strategically
- Cross-examine DVA representatives
- Ensure your voice is heard effectively
Different Service Model: VRB representation involves additional costs beyond standard claims services. We discuss this transparently during consultation and provide clear fee structures.
Step 6: Appeal to Administrative Review Tribunal (ART)
If VRB doesn't overturn DVA's decision, the Administrative Review Tribunal provides another appeal opportunity.
Understanding ART Appeals
What Is ART?
The ART (formerly Administrative Appeals Tribunal/AAT) conducts full merits review of government decisions including DVA determinations.
ART Characteristics:
- More formal than VRB (quasi-judicial)
- Full review of facts and law
- Can accept new evidence
- Can make any decision DVA could have made
- Independent of DVA
- Legally binding decisions
When to Appeal to ART:
- VRB decision unsuccessful
- Believe VRB made errors in decision
- Have substantial new evidence
- Complex legal issues involved
ART Appeal Process
1. Lodge ART Application:
Timeframes: Must lodge within 28 days of VRB decision.
Requirements:
- Complete ART application form
- Pay filing fee (fee waivers available for veterans)
- Include copy of VRB decision
- Outline grounds for appeal
2. Case Preparation:
Legal Complexity: ART appeals are more legally complex than VRB. Consider:
- Legal representation (lawyers specialising in veterans' law)
- TAG can coordinate legal representation
- Comprehensive evidence compilation
- Legal argument preparation
Additional Evidence: ART can consider evidence not available at VRB:
- New medical assessments
- Additional specialist reports
- Changed circumstances
- Expert testimony
3. ART Hearing:
Formal Process:
- Tribunal member presides
- Legal representatives present cases
- Witnesses may be called and cross-examined
- DVA presents defence of their decision
- More formal procedures than VRB
Hearing Duration: Can range from one day to multiple days depending on complexity.
4. ART Decision:
Timeframes: Typically 6-12 months from lodgement.
Possible Outcomes:
- Affirm VRB decision (deny appeal)
- Vary decision (partially accept)
- Set aside and substitute (completely overturn)
- Set aside and remit to DVA with directions
ART Decisions Are Binding: ART decisions bind DVA and are final unless appealed to Federal Court on legal grounds.
TAG's ART Coordination
We Facilitate ART Appeals:
- Assess whether ART appeal is appropriate
- Connect you with experienced veterans' law solicitors
- Coordinate evidence gathering for legal representatives
- Provide comprehensive case background
- Support you throughout the process
Legal Representation Costs: ART typically requires specialist legal representation. We discuss costs transparently and help you access appropriate legal support.
Step 7: Seek Legal Assistance for Complex Cases
For particularly complex appeals or final ART appeals, specialist legal representation may be beneficial.
When Legal Assistance Helps
Complex Cases:
- Multiple denied conditions with complicated medical evidence
- Novel legal arguments required
- Competing medical opinions
- Significant compensation at stake
- Federal Court appeals (rare)
Legal Specialists in Veterans' Law: Some solicitors and barristers specialise in DVA legislation and veterans' appeals. They understand:
- MRCA, DRCA and VEA legislation intricacies
- SOPs and how they apply
- DVA assessment processes
- VRB and ART procedures
- Relevant case law and precedents
Accessing Legal Support
Free or Low-Cost Options:
Veterans' Legal Services:
- Some states offer free or subsidised legal support for veterans
- Veterans' advocacy organisations may provide legal referrals
- Community legal centres sometimes assist with DVA appeals
Private Solicitors:
- Specialists in veterans' law (fees apply)
- TAG can provide referrals to experienced practitioners
- Some offer no-win-no-fee arrangements for strong cases
Important: Discuss costs upfront before engaging legal representation. Understand fee structures and potential outcomes.
Step 8: Maintain Comprehensive Records Throughout
Successful appeals require meticulous documentation. Proper record-keeping is crucial from initial denial through final resolution.
Essential Records to Maintain
Correspondence:
- All DVA letters and decisions
- Your submissions and responses
- Email correspondence
- Dates and names of people you speak with at DVA
- Summary notes of phone conversations
Medical Evidence:
- Copies of all medical reports and assessments
- Specialist letters and diagnoses
- Treatment records and prescriptions
- Imaging results and pathology reports
- Mental health treatment notes
Service Records:
- Complete service history from PMKeyS
- Deployment records and posting history
- Training and course records
- Incident reports and unit records
- Discharge documentation
Appeal Documents:
- Reconsideration requests and submissions
- VRB application and supporting documents
- ART applications if lodged
- All decisions at each appeal stage
Timeline Documentation:
- Key dates (original claim, denial, reconsideration, VRB)
- Deadline tracking for lodging appeals
- Response timeframes for requests
- Hearing dates and outcomes
Organisational Strategies
Create a Claims File:
- Physical folder or digital system
- Chronological organisation
- Separated by category (medical, service, correspondence)
- Backed up regularly (digital files)
Document Everything:
- Symptom diaries tracking condition impacts
- Activity logs showing functional limitations
- Pain and medication records
- Impact on work and daily life
TAG's Record Management: When you work with TAG, we maintain comprehensive files for all clients including all correspondence, medical evidence, service records and appeal documentation. This ensures nothing is lost and everything is immediately accessible when needed.
Time Limits: Critical Deadlines to Remember
Missing appeal deadlines can forfeit your rights. Be aware of these critical timeframes:
Reconsideration Requests:
- No formal deadline, but submit within 3 months of decision for best results
VRB Appeals:
- Must lodge within 12 months of DVA decision you're appealing
ART Appeals:
- Must lodge within 28 days of VRB decision
- Can request extension in exceptional circumstances
Federal Court:
- Generally 28 days from ART decision
- Complex legal issues only (not factual disputes)
Don't Miss Deadlines: Calendar critical dates immediately upon receiving decisions. TAG tracks all deadlines for clients, ensuring nothing is missed.
How TAG Supports You Through the Appeals Process
At Tactical Advocacy Group, we provide comprehensive support at every stage of the appeals process:
Our Complete Appeals Services
Initial Assessment:
- Review denial decision and reasons
- Assess appeal prospects realistically
- Identify strongest grounds for appeal
- Develop strategic appeal approach
Evidence Enhancement:
- Coordinate additional medical assessments
- Obtain specialist reports addressing deficiencies
- Gather service records and witness statements
- Compile comprehensive supporting documentation
Reconsideration Preparation:
- Prepare detailed written submissions
- Address every denial reason systematically
- Present compelling service connection arguments
- Submit strategically for maximum success
VRB Representation:
- Prepare comprehensive VRB submissions
- Represent you at hearings
- Present evidence strategically
- Cross-examine DVA representatives when necessary
- Ensure your story is fully heard
ART Coordination:
- Assess whether ART appeal appropriate
- Connect you with specialist legal representation
- Provide comprehensive case background to legal team
- Support you throughout the process
Ongoing Management:
- Track all deadlines and timeframes
- Maintain comprehensive documentation
- Handle all DVA correspondence
- Keep you informed throughout the process
Our Philosophy: Persistence Pays Off
We believe every veteran deserves proper recognition of their service and sacrifice. A single denial doesn't change that. With proper evidence, strategic preparation and dedicated advocacy, most denials can be overturned.
Our Track Record:
- High success rate in appeals
- Comprehensive support from reconsideration through ART
- Veterans supporting veterans with genuine dedication
- Transparent communication throughout
Final Thoughts: Don't Give Up on What You've Earned
Getting a DVA claim denied is genuinely disheartening, but it's absolutely not the end of your journey. Statistics show that 75% of claims have been overturned or changed when appealed - your chances of success are real and substantial.
Remember:
- You served your country with honour
- You've earned proper recognition and support
- The appeals process exists specifically to correct wrong decisions
- Professional advocacy dramatically improves success rates
- TAG is here to fight alongside you
Sometimes the sheer amount of paperwork and bureaucracy can be genuinely overwhelming. That's precisely why seeking help from experienced advocates makes such a significant difference.
You're not alone in this. If you need guidance, strategic support or just want to discuss your options with someone who understands, reach out.
DVA claim denied? Contact TAG today for a free consultation. We'll review your denial, assess your appeal prospects and provide clear guidance on your path forward. We're here to help you fight for the recognition and support you've earned through your service. Don't give up - let us help you get what's rightfully yours.
