What are the 5 most important things to know about lodging a DVA Claim?
Serving in the Australian Defence Force (ADF) can be rewarding, but it often comes with challenges that can impact your health and wellbeing. If you have been injured, developed an illness, or experienced a psychological condition because of your military service, you may be entitled to support and compensation through the Department of Veterans’ Affairs (DVA).
Lodging a DVA claim can feel daunting. The process is detailed, the paperwork can be overwhelming, and delays are not uncommon. Having the right information at the start can make a big difference. Below, our experienced DVA lawyers outline the five most important things you need to know before starting a claim.
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You Must Link Your Condition to Your Service
The DVA will only approve a claim if there is evidence that your injury or illness is connected to your ADF service. This is called “service connection.”
That connection might be:
- Warlike or non-warlike service (e.g. overseas operations),
- Peacetime service (e.g. training or day-to-day duties), or
- Reserve service, if linked to an approved activity.
For example, if a veteran develops Post-Traumatic Stress Disorder (PTSD) following deployment, or sustains a back injury during training exercises, those conditions may be accepted as service-related. Without this link, claims are unlikely to succeed.
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Medical Evidence is Crucial
Even if your condition is clearly related to service, the DVA requires medical evidence to back it up. This usually involves reports from your GP, specialists, or psychologists. The more comprehensive your medical documentation, the smoother the process.
Unfortunately, many veterans underestimate how important medical records are. Delays often occur because evidence is incomplete or not clearly worded. Having DVA claims lawyers assist with gathering and presenting this evidence can strengthen your case and reduce setbacks.
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The Right Scheme Matters
Different legislation governs different military compensation claims, depending on when and where you served:
- MRCA (Military Rehabilitation and Compensation Act 2004) – usually applies to service after 1 July 2004.
- DRCA (Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988) – covers service before 1 July 2004.
- VEA (Veterans’ Entitlements Act 1986) – generally applies to older claims and focuses on pensions and treatment.
Choosing the wrong pathway can affect your entitlements. An experienced defence force lawyer or military compensation lawyer can help you understand which scheme is right for your situation and ensure your compensation claim is lodged correctly.
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The Process Takes Time
It’s important to be realistic: DVA claims can take months – sometimes longer – to finalise. Delays are common due to high demand, complex medical assessments, or requests for further evidence.
One of our clients, a former Army mechanic, waited nearly 12 months for his claim for a shoulder injury to be accepted. With the help of our DVA lawyers, we ensured his medical evidence was thorough, followed up regularly with the DVA, and secured the full compensation he was entitled to.
Knowing this in advance can reduce frustration and help you plan financially and emotionally while waiting for an outcome.
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You Don’t Have to Do It Alone
The most important thing to remember is that you don’t have to navigate this system on your own. DVA claims lawyers can guide you through the paperwork, ensure your evidence is strong, and fight for your entitlements if there are delays or disputes.
At TGB, our team of DVA lawyers and military compensation lawyers has, for more than 20 years, helped countless veterans and their families secure the support they deserve. Our team is led by Tim White, a current Reservist with the ADF, so we truly understand the process, the legislation, and – most importantly – the sacrifices you’ve made in service.
Final Thoughts
Lodging a DVA claim is not always straightforward, but being prepared can make all the difference. Remember these five key points:
- Link your condition to service.
- Gather strong medical evidence.
- Understand which scheme applies to you.
- Be prepared for delays.
- Get help from experienced DVA claims lawyers.
If you’re considering making a claim, or if you’ve already lodged one and are facing delays or complications, our defence force lawyers are here to support you.
Find out more information here, or speak with our dedicated DVA claims lawyers today about your situation:
Call TGB Lawyers on 1800 730 842
Email Tim White – twhite@tgb.com.au
Or complete this brief form and one of our team will get back to you.