DVA COMPENSATION

DVA Compensation Lawyers for Current and Former Defence Members

DVA COMPENSATION

DVA Compensation Lawyers for Current and Former Defence Members

When your health has been damaged by service it can be hard enough to get through each day. Trying to untangle DVA compensation, cards, assessments and appeals on top of that can feel impossible.

For many veterans DVA is the main gateway to treatment and income support. If you have also experienced abuse, harmful culture or a difficult transition out of Defence your legal position will often involve more than one system at the same time.

At Donaldson Law we help current and former Defence members understand what DVA can offer, why decisions have been made the way they have and how those decisions interact with ADF superannuation and civil claims for abuse or institutional mistreatment.

We are not a high volume claims shop. Our focus is on matters where DVA decisions are complex or where they link closely to abuse claims and other legal issues.

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DVA Compensation and Your Legal Rights

DVA administers several schemes that cover different eras and types of service. They use different tests and different language yet they all aim to answer the same core questions:

is your condition related to service
how serious is the long term impact
how has your ability to work and live been affected

In broad terms DVA can provide:

payment for permanent impairment
incapacity payments where your ability to work is reduced
pensions and related benefits for some service types
access to treatment cards such as White Cards and Gold Cards
rehabilitation and allied health support

Those benefits sit on top of or alongside any civil claim against the Commonwealth for abuse or negligence plus any military superannuation benefits you may have.

You do not need to know which Act or guideline applies before you speak to us. Our job is to map your service history and accepted conditions across to the right parts of the DVA system then give you straight answers about what that means.

Types Of DVA Compensation

Every scheme has its own detail yet most DVA compensation falls into a few key categories:

Treatment and rehabilitation

Cover for medical appointments, medications, psychology and allied health plus rehabilitation support where appropriate.

Permanent impairment payments

Lump sums or pensions that recognise the lasting impact of accepted conditions. These payments focus on the degree of permanent functional loss and the effect on your quality of life.

Incapacity payments

Regular payments that compensate for loss of earnings because accepted conditions affect your capacity to work. These can change if your work situation or income changes.

Pensions and related benefits

In some cases service pensions or similar benefits are available. These may bring access to Gold Cards or other concessions.

Supplements and allowances

Smaller payments to help with specific costs such as pharmaceuticals or some travel for treatment.

Which of these apply depends on your conditions, your service and how DVA has decided to structure your compensation.

Common DVA Problems We See

Many veterans manage their DVA claims with the help of ex service organisations or advocates. We become involved when there is a legal complication or when decisions do not match the reality of someone’s life.

Common problems include:

important conditions not accepted as service related even though they clearly trace back to events in Defence
permanent impairment ratings that are far lower than the real day to day impact of injury or PTSD
incapacity decisions that assume you can work more than you realistically can
confusion about why different conditions sit under different Acts
difficulty managing forms, deadlines and evidence because of psychological injury
tension between DVA decisions, superannuation decisions and any civil claim strategy

You do not have to know exactly where the error sits. If something about your DVA position feels wrong we can review the paperwork and give you a clear view of what is happening.

Reviews, Reconsiderations And Appeals

Most DVA decisions can be challenged in stages. That may involve:

asking DVA to reconsider an original decision
seeking a review through the Veterans’ Review Board
in some cases, appealing to a higher review body

We assist with targeted reviews and appeals where:

there is a clear legal or factual error
important evidence was overlooked or never gathered
the decision has serious flow on effects for your income, treatment or civil claim
the DVA position does not reflect the true impact of your conditions

We are always realistic about the prospects of success and about the cost and emotional toll of running a review. Sometimes the best answer is to press on. Sometimes it is to refocus effort on other entitlements or a civil claim.

How DVA Compensation Interacts With Superannuation And Civil Claims

DVA is only one piece of the puzzle. For many veterans the full picture also includes:

military superannuation such as invalidity pensions
civil claims for abuse, negligence or harmful culture in Defence
Centrelink or other income support

Key interactions can include:

incapacity payments that take superannuation income into account
the way a civil damages award might affect parts of your DVA package
choices between lump sums and ongoing payments that have tax and financial planning consequences

We do not give financial planning or tax advice. We do make sure that any civil claim we run is designed with your DVA and super position in mind and we will tell you when you should speak with a financial adviser or accountant before taking a particular step.

Why Defence Members Choose Donaldson Law For DVA Related Advice

Veterans choose Donaldson Law because:

We understand Defence and trauma

Many of our clients have PTSD, depression, anxiety or complex physical injuries. We recognise how those conditions affect energy, concentration and trust and we adapt our work accordingly.

We look at the whole landscape

We do not treat DVA compensation, superannuation and civil abuse claims as separate silos. We look at how each system affects the others then give advice that covers the full picture.

We focus on complex matters

We are not trying to replace free advocates or ex service organisations for straightforward DVA claims. We step in where there are legal complications or where DVA decisions are tightly linked to an abuse claim or superannuation issue.

We are clear and direct

We explain decisions and options in plain language. We are honest about the likely benefit of a review and about the limits of what the law can deliver.

We are trauma informed

We minimise unnecessary retelling, keep meetings as predictable as we can and encourage support people if that feels right for you.

Explore Your Options

Contact Our Team

(07) 4580 0900

◈ Related ADF Entitlements Services ◈

You can learn more about particular areas of ADF entitlements on these pages:

THE DL DIFFERENCE

How We Work With You on DVA Compensation

When you contact us about DVA compensation you do not need every piece of paper ready. We can start with:

a brief summary of your service
which conditions DVA has already accepted
which decisions worry you the most
any key letters or statements of reasons you have on hand

From there we:

Identify which schemes and provisions apply to your conditions
Map what you are currently receiving and why
Pinpoint decisions that seem inconsistent with the law or with your real level of impairment
Consider how your DVA position interacts with superannuation and any civil claim
Outline options, including staying as you are, seeking review or focusing on a different pathway
Work with you to decide how much involvement you want from us

Sometimes our role is a single advice letter that gives you clarity and a plan. Sometimes we stay alongside you through a targeted review or as part of a broader abuse or entitlements matter.

GOT A QUESTION?

DVA Compensation FAQs

If you are a current or former Defence member who feels that your DVA position does not reflect your service or your health you can contact us by phone, email or through our online form.

Speak With Us

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Do I need a lawyer to lodge a DVA claim?

Not in most cases. Many veterans are well supported by ex service organisations, advocates and DVA itself for initial claims. Legal advice is more important where decisions are wrong, complex or closely tied to superannuation or a civil claim.

What is the difference between permanent impairment and incapacity payments?

Permanent impairment payments recognise the lasting impact of your accepted conditions on your body and quality of life. Incapacity payments are about income and compensate you when those conditions reduce your ability to work or earn what you otherwise could.

What if DVA has rejected my claim or given me a very low rating?

You may have options to seek reconsideration or review. The right approach depends on the reasons DVA gave for the decision, the medical evidence and how your conditions affect you now. We can review the decision and give you clear advice about whether a challenge is worth pursuing.

Can a civil abuse claim affect my DVA compensation?

It can. Some DVA payments take account of other income and some decisions need to factor in the existence of a civil damages award. Before finalising a civil settlement we always consider your DVA position and we will suggest that you get financial or tax advice where needed.

Can I still seek DVA compensation if I left Defence years ago?

Often yes. Time limits and evidentiary issues do exist yet many veterans obtain acceptance of conditions long after discharge. If your current health problems trace back to service it is worth getting advice about whether a claim or review is still open.