Preparing for a hearing at the VRB

How can I prepare my case?
Matters
What should I bring to my hearing?
Forms

How can I prepare my case?

There are three types of matters that can be the subject of a VRB application:

Entitlement matters — these are about whether injury, disease or death has been caused by service.
Assessment matters — these are about how much pension should be paid for incapacity from injury or disease that has already been accepted as caused by service.
Attendant allowance matters — these are about whether there is a need for an attendant to assist in everyday living activities because of service caused injury or disease.

Matters

1. Entitlement matters

Understand what the VRB has to do

In entitlement matters, the VRB has to determine the cause (or possible causes) of the injury, disease or death. It then has to decide whether a cause can be related to eligible service. The causes of some medical conditions are well known. But with others, medical experts are only able to suggest possible causes and they may have differing opinions. The causes of some conditions are not known at all. In most cases, the Repatriation Medical Authority will have issued binding Statements of Principles determining the medical causation issues that concern your claim. A link to the Repatriation Medical Authority's page on the Internet, which contains copies of all Statements of Principles is on Links.

Understand why your claim was rejected

Study the Repatriation Commission's reasons for decision and the Report you have received from the Department of Veterans' Affairs' (the Departmental Report) carefully and ensure you understand why your claim was rejected.

Gather evidence to support your claim

Normally, the Department will have referred to the Statements of Principles that concern your claim and may have included them in the Departmental Report which it sent you. It is always a good idea to discuss this material and your claim with your Local Medical Officer or treating specialist. It will help if you show them your Departmental Report.
You should understand that the Statements of Principles issued by the Repatriation Medical Authority are binding on the Repatriation Commission, the VRB and the Administrative Appeals Tribunal. In other words, the VRB must follow them and cannot adopt other medical opinion on causation, however eminent the specialist.
You should be prepared to explain at your hearing why you believe the conditions of service may have caused the injury, disease or death being claimed. It would be a good idea to make a note of any particular reason why you think conditions or events on service were involved.
Think about whether there are other people who can give evidence to support your case on matters that are not known to you, or about accidents or illnesses that are not recorded in service documents. These people may be able to come with you to the hearing-if not, they may be able to give you a written statement or you could arrange for them to be available to speak to the members by phone during the hearing.

What happens if your claim is successful?

If the VRB accepts that injury or disease has been caused by service, it may ask the Repatriation Commission to assess the rate of your pension, or alternatively, the VRB may proceed to immediately assess your pension itself. So, you should also read the next section.

2. Assessment matters

Understand what the VRB has to do

There are three levels of pension that can be payable:

A percentage of the general rate of pension (0-100%).
The extreme disablement adjustment (an additional 50% on top of the general rate).
Earnings related rates of pension (the intermediate rate and the special (TPI) rate).

General rate of pension

In assessing a general rate of pension (0-100%), the law requires the VRB to apply the "Guide to the Assessment of Rates of Veterans' Pensions" (GARP). GARP combines a medical impairment rating (for physical or functional loss) with a lifestyle rating (effects of accepted disabilities on mobility, personal relationships, leisure activities, and home/work activities) to give a degree of incapacity, which, if you are not entitled to one of the higher levels of pension (see next page), becomes the percentage of the general rate of pension you will be entitled to receive. A copy of GARP can be downloaded as a PDF file (1.5Mb) on Links.
The VRB must therefore understand how your disabilities accepted as caused by your service have affected you in your daily life from the time you made your claim to the date of your hearing. The members might need to ask you some questions. They have to consider how your medical problems limit your ability to perform everyday functions and how your accepted disabilities restrict your social, recreational, occupational and domestic activities. You may have chosen to fill in a lifestyle report on these matters and the members might also need to ask you questions about that.

Extreme disablement adjustment (EDA)

If you have turned 65 and your degree of incapacity is determined either before or at your hearing to be 100% and you are ineligible for the special (TPI) or intermediate rates of pension, you might be eligible for the extreme disablement adjustment (EDA) which is an additional 50%.
To qualify for the EDA, you must be assessed under GARP as meeting certain minimum levels. Therefore, the members must again use GARP to assess how your medical problems limit your everyday functions and how your accepted disabilities restrict your lifestyle. This usually involves a number of detailed questions.

The special (TPI) and intermediate rates of pension

The VRB cannot grant you pension at the special (TPI) or intermediate rates unless you first have a degree of incapacity of at least 70% and you then meet certain other tests set out in the Veterans' Entitlements Act 1986. The special rate is normally payable to veterans who are totally incapacitated for work by their accepted disabilities alone. The intermediate rate is normally payable to those who are fit only for part-time work as a result of accepted disabilities alone. If factors like age or non-accepted disabilities affect your ability to work or played a part in causing you to stop work, these pensions might not be payable. Stricter tests apply if you had turned 65 years before you made your claim.
To apply these tests, the members will have to know when and why you left your last work, what other work you might have done, and what steps you may have taken to find alternative work. They will also need to know what other disabilities you may have that have not been accepted as caused by your service, and how they affect your ability to work.

Gather evidence to show how your disabilities affect you

You might show the Departmental Report to your treating doctor and ask if he or she agrees with the opinions expressed by the Departmental Medical Officer about the degree of your impairment and incapacity. The VRB might find it difficult to change your pension assessment without written medical evidence supporting your claim.
Re-read the answers you may have given in your lifestyle report and be prepared to explain them if required. Think about whether other people can help you to explain how your service-related disabilities affect you.
If you are seeking pension at the special or intermediate rates, it might be in your interests to get a statement from your last employer explaining whether your disabilities affected your work or why you ceased work. Medical reports for any workers' compensation, superannuation or invalid pension claim you made might also be helpful if you can get copies.

3. Attendant allowance matters

Understand what the VRB has to do

Attendant allowance is generally payable if, because of service caused injury or disease, the veteran needs the services of an attendant. The service caused injury or disease must affect the cerebro-spinal system or be similar in effect or severity to such an injury or disease. A higher rate of the allowance is payable if you are blind as well as being either deaf or cannot speak because of service caused injury or disease.

Gather evidence to show how your disabilities affect you

You might show the Departmental Report to your treating doctor and ask if he or she agrees with the opinions expressed by the Departmental Medical Officer about how your injuries or diseases affect your capacity to perform activities such as as feeding, bathing, dressing and other activities of normal daily living. The VRB might find it difficult to grant an allowance without written medical evidence supporting your claim.

What should I bring to my hearing?

First, you should bring your copy of the Departmental Report which was sent to you by the Department of Veterans' Affairs. You should also bring any other papers you will rely upon to support your case-for example, doctors' reports, service records, diaries. However, it is important that you send copies of these to the VRB as early as possible before your hearing. If your representative has these documents, you should make sure he or she has sent copies to the VRB.

Forms

Application for review (PDF 224 KB)
Application for review (including section 31 request) (PDF 346 KB)
Application for Summons (PDF 94 KB)
Applicant's advice form — for applicants (PDF 22 KB)
Certificate of readiness (for unrepresented applicant) (PDF 24 KB)
Certificate of readiness (for representative) (PDF 24 KB)
Advice of case preparation (for representative) (PDF 18 KB)
Application for reimbursement of medical expenses (PDF 106 KB)
Application for reimbursement of travelling expenses (PDF 46 KB)
Travelling Expenses Information (PDF version 47 KB) | (DOC 27 KB)
Claim for disability pension and/or application for increase in pension (PDF 41 KB)
Lifestyle questionnaire (PDF 35 KB)
Lifestyle rating form (PDF 88 KB)
Application for attendant allowance (PDF 124 KB)
Claim for dependant's pension (widow/ widower/ orphan) (PDF 240 KB)
MRCA claim forms
- Claim for liability and/or reassessment of compensation (PDF 209 KB)
- Claim for compensation for dependents of deceased members and former members (PDF 233 KB)
- Injury or disease details sheet (PDF 100 KB)
Withdrawal of Application for Review (DOC 42 KB)