Legal Project Management Plan & Checklist
Practitioner plan for a veteran's DVA compensation claim under the MRCA, from evidence and lodgement to Veterans' Review Board and ART review.
Which Act applies to a veterans' compensation claim lodged after 1 July 2026?: The Military Rehabilitation and Compensation Act 2004 (MRCA). From 1 July 2026 no new compensation claim can be made under Part V of the DRCA (s 14AA) or under Parts II and IV of the Veterans' Entitlements Act 1986 (s 12AA), and DVA says every claim lodged on or after that date is assessed under the MRCA whatever the date of service or injury. Claims lodged under the DRCA or VEA before 1 July 2026 continue under those Acts, and conditions already accepted under them are recognised under the MRCA.
Can a lawyer represent a veteran at the Veterans' Review Board?: No. At a VRB hearing a party may appear in person or be represented only by a person other than a legal practitioner, and for this purpose a legal practitioner includes anyone holding a law degree (s 352G(2) and (4) MRCA). Nobody may take a fee for representing a party at the VRB (s 352G(3)). A lawyer can still prepare the case, gather evidence and draft written submissions, and can represent the veteran before the Administrative Review Tribunal.
How long does a veteran have to challenge a DVA decision?: For an MRCA decision the application for review by the Veterans' Review Board must be in writing and given to the Board within 12 months after notice of the decision was given (s 352B). An application to the ART for review of the Board's decision must be made within 3 months after notice of the Board's decision, and the ART cannot extend that time beyond 12 months (s 355, items 3 and 4).
Can a veteran sue the Commonwealth instead of taking permanent impairment compensation?: Only for non-economic loss, and only by an irrevocable written choice given to the Commission before permanent impairment compensation for the condition is paid (s 389). After the choice permanent impairment compensation for that condition is not payable. A claim for damages against the Commonwealth or a third party must be notified to the Commission in writing within 7 days of making it (ss 390 and 391).
Jurisdiction: Commonwealth. Claims are determined by the Military Rehabilitation and Compensation Commission through the Department of Veterans' Affairs (DVA), with merits review by the Veterans' Review Board and then the Administrative Review Tribunal.
The Process at a Glance: The lawyer confirms that the claim falls under the MRCA, records the veteran's service and the type of service, and is appointed as the veteran's representative with DVA. A confirmed diagnosis and supporting service and medical evidence are gathered for each condition, and the head of liability is identified: presumptive liability, injury on duty, or a link to service tested against the Statements of Principles. The claim is lodged online through MyService (which DVA says must be used when an advocate is helping) or on the D2051 paper form, with a D9333 Veteran Payment application for a mental health claim. After liability is accepted DVA carries out a needs assessment, and incapacity payments (D1360) and permanent impairment compensation are claimed, with advice on the common law election and the lump sum choice. Adverse decisions go to the Veterans' Review Board within 12 months and then to the ART within 3 months of the Board's decision.
Key Legislation: Military Rehabilitation and Compensation Act 2004 (Cth) ss 5, 6, 23, 27, 27A, 68, 69, 75, 78, 81, 118, 126A, 319 to 330, 333, 335, 346, 347, 349, 352A to 352H, 352J, 352U, 353C, 354, 355, 357, 388 to 391, 400 and 401 (compilation in force from 29 September 2026); Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth) s 14AA; Veterans' Entitlements Act 1986 (Cth) s 12AA; Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (Cth).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Veterans' Compensation Claim (Veteran) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Personal Injury cases, outlining the standard ADMINISTRATIVE process. Utilize these tracking templates to manage your legal cases efficiently.
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| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
Start the claim under the right Act with authority to act and a client who understands what the firm will and will not do.
Lodge a complete claim that DVA can register and progress without being placed on hold.
Fix the date the claim was made (s 323 MRCA) and secure interim support while it is assessed.
Obtain and understand a liability decision for each condition and protect the review timetable.
Convert accepted liability into the compensation the veteran is entitled to without forfeiting rights by an uninformed election.
Obtain the correct and preferable decision on review, using the forum where a lawyer may appear when it matters most.
Prevent overpayments and offences after the firm's retainer ends.
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