LEGAL

TIM WHITE

Partner Tindall Gask Bentley

Compensation for ADF members and veterans

LEGAL

LIKE POLICE OFFICERS, Australian Defence Force (ADF) members are frequently injured while undertaking their service to protect our country. Thankfully, a compensation system exists, which the Department of Veterans’ Affairs (DVA) manages. It’s been very rewarding to help military personnel with their injury claims over the past 20 years. A sizable proportion of these clients have psychological conditions, many suffering from post-traumatic stress disorder.

Being a Reserve Legal Officer in the Royal Australian Air Force for more than two decades has assisted me with understanding many aspects of military duties. I won’t forget the shocking images and stories from war zones clients have shared with me.

SOME STATISTICS

A snapshot of just a few statistics illustrates Australia’s involvement in military campaigns and the ongoing costs associated with supporting our injured veterans.

More than 73,000 Australians have served in Middle East conflicts since 2000, while about 60,000 Australians served in Vietnam. The DVA’s annual expenditure for compensation payments and medical expenses is around $12 billion. There are approximately 340,000 veterans receiving money from the DVA due to injuries they sustained in military service. In the past four years, there’s been an 89% increase in the number of claims lodged with the DVA. Of the 15 most common injuries the DVA accepts, four are psychological conditions.

I’ve seen hundreds of veterans who’d initially claimed under the wrong Act. Without receiving legal advice, they would’ve missed out on considerable compensation.

WHICH LAWS APPLY TO DVA INJURY CLAIMS?

Determining which laws apply to claims can be complex. There are several pieces of legislation that may apply. The current legislation, which applies to injuries sustained after July 2004, is the Military Rehabilitation and Compensation Act 2004 (MRCA). Other Acts that may apply include the Veterans’ Entitlement Act 1986 (VEA) and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA).

The compensation levels vary greatly between these three Acts. Under the MRCA, the main types of compensation are weekly payments (if you’re unable to work), lump-sum payments (if you have a permanent injury) and medical expenses. A lump-sum payment could be tens of thousands of dollars.

WHY IS IT IMPORTANT TO SEEK LEGAL ADVICE EARLY?

First, I’ve seen hundreds of veterans who’d initially claimed under the wrong Act. Without receiving legal advice, they would’ve missed out on considerable compensation.

Second, what you submit with your initial claim is critical. Veterans who receive legal advice before sending their first form have a greater likelihood of the DVA accepting their claim.

Third, a confusing aspect of DVA injury claims is their use of Statement of Principles (SOPs). SOPs contain the criteria you must fulfil for the DVA to accept your military service caused your condition. Receiving legal advice about SOPs and their criteria early in the process is vital.

AVENUES OF APPEAL

Thankfully, if the DVA denies your claim, there are avenues of appeal. Depending on the legislation under which the DVA denies your claim, you could appeal to jurisdictions such as the Veterans’ Review Board, Administrative Appeals Tribunal and Federal Court of Australia. Time limits apply, but usually, the DVA pays the legal costs related to such appeals.

ROYAL COMMISSION INTO DEFENCE AND VETERAN SUICIDE

Veteran suicide is a confronting phenomenon that affects many Australian families every year, especially those with links to the ADF. According to a recent report, more than 1,200 Australian Defence Force personnel killed themselves over the past two decades. Veterans have a 24% higher risk of taking their own lives than members of the public. That’s an unacceptable difference, and clearly, one that needs addressing. I’ve aided many ADF families who’ve lost loved ones through suicide. I hope the commission makes constructive recommendations.

SUMMARY

It’s been extremely satisfying helping ADF members and veterans over the past 20 years. They’re incredibly brave people. I wish the DVA claims process was more straightforward, but sadly, it can be onerous without legal assistance, so make sure you seek good advice early.