Based on an article by Geoff Lund - Edited and further added to by Fred Grigg

Should you eventually establish medically that the reason for all, or some, of your health problems stem from your War Service in Vietnam (or any other conflict or hazardous service for that matter), you may be entitled to medical treatment and to be compensated for them under the Australian Veterans' Entitlement Act 1986, as Amended (known as the 'VEA').

A word of extreme caution at this point: There are very sound reasons why you should seek advice from a qualified Veterans' Advocate before making any claim for what you believe are war-caused disabilities from our Depertment of Veterans' Affairs (DVA). There is a saying in legal circles that you would be well-advised to heed, "He who represents himself - has a fool for a client"!

Why you may ask? Because sadly, there is a "trail of human suffering and wreckage" that is 'bobbing in the wake' of years of Repatriation Delegate's (read 'Veterans' Affairs clerk') erroneous decisions who have absolutely no idea of war and its horrors and the long-term effects it can have on a person. Sadly, some of those 'Delegates' have perhaps delighted (as a self-opinionated and self-appointed 'Keepers of the Public Purse') in rejecting a Veterans' self-completed claim, often because 'the Veteran shot himself in the foot'!

Another caution! The Australian Returned Services League (RSL), the Vietnam Veterans' Association of Australia (VVAA) and the Vietnam Veterans' Federation of Australia (VVF) all have experienced and fully trained Welfare/Pension Officers and Advocates to assist you free-of-charge in making a claim under the Act. Sadly, there are also people, some of whom are quite legitimate, who charge for their services to assist Ex-Service personnel in the claims process. However, that is your choice - but, always remember to check the credentials of those who charge a fee for service. Because many are not qualified and are simply just in it for the money - they have been known in the past to charge exhorbitantly for things which are provided free by DVA and the above mentioned Ex-Service organisations!

Where 'angels fear to tread':

To enter into the claims process with DVA is not a task for the faint-hearted. You will need to learn about GARP, Impairment Points, Lifestyle Ratings, Statements of Principle, the Repatriation Medical Authority, the Military Compensation Scheme and a whole host of other mysteries. So, even with the assistance of a well-trained and experienced pensions officer/advocate, you may still lodge a claim for a single disabilty, or several and then have the Repatriation Delegate (others are not so nice in what they call them!) reject your deserving and JUST claim (Yes, it happens all the time!).

Here are some examples of just some of their recent rejection reasons, "...your smoking is not causually related to your Service", "...there is no entry on your service records that states you ever broke your arm", "...at your age you would probably be suffering from your disability whether you served in Vietnam or not" (In other words, they are saying you are approaching your 'use by date', so forget it!). One of the rippers was, "I note from your records that your basic trade was that of a carpenter and joiner, therefore you were in Vietnam in a non-combatant role" (The Veteran was a member of a the Army's Engineers!) Sound familiar to those of you who have tried and given up in disgust? Well, none of the foregoing rejections are a reason to give up. So, what should you do? The answer is to APPEAL, APPEAL and APPEAL!

How Do You Appeal a DVA Seemingly Unfair Rejection or a Assessment?

It is possible that your appeal could eventually end up in the High Court of Australia and you could even become famous by having your name, for posterity, assigned to a landmark case decision. Your appeal could help hundreds of other veterans by setting what is called 'legal precedent' - so, if you don't appeal you may lose an opportunity forever! You can appeal simply by telling the unsympathetic sods at DVA that you totally disagree with their ridiculous decision!

However, there is a form provided for the purpose, so use the form. Their are two types of appeal you can make. One is called an 'Entitlement Appeal' and the other an 'Assessment Appeal' . The former is where you are applying for a disability to be accepted. The latter is where your disability has already been accepted, but you feel your assessed pension that DVA granted you for that disability should be increased.

The 1st Step - The Section 31 Review: Section 31 means that it is a Section of the VEA. It is better understood as an "Internal Review" by a senior Repatriation Delegate [read DVA]. This is the first level of review open to the veteran, but not used very often by pensions officers or advocates unless it is a 'cut and dried' matter. The reason being that at DVA it is really only a more senior clerk's review of a lesser clerk's decision - perhaps better understood as meaning 'only a cursory glance' by the one doing the 'reviewing' - it's really DVA reviewing its own decision!

Another reason is that what is said during the review, can be taken down and used against you at the Veterans' Review Board (VRB) which is the next level of appeal. Be aware that every appeal by a Veteran is automatically 'reviewed' by the DVA without any further input by you or your advocate! DVA has the right to intervene and vary the decision or the assessment as the case may be. (The writer has not known of an 'intervention' by DVA at this level in years!)

The 2nd Step - The Veterans' Review Board: Each Board, or panel, consists of three members, in other words it is a nice name for a 'Tribunal'. It is supposed to be an 'informal' hearing, but how more formal can you be when you see what you are up against! One is the Senior Member who is legally qualified as a solicitor or barrister. Another is an Ordinary Member who may come from various areas, but is frequently from the Public Service - on some occasions he is one who was previously employed by the DVA! The third member is called the Services Member, and you should read absolutley nothing into that - he is an Ex-Service Organisation nominee who is supposed to advise the other two on service matters and conditions.

However, from personal experience, the Services Board Member is frequently the biggest obstacle to overcome to be successful in your appeal. For example, you may be an infantry soldier and the Services Member could be a former high-ranking Naval Officer - I ask you, "What would he know about an infantry soldier's lot?"

Fred's Experience:  In my own VRB hearing, which was unsuccessful, I was before them as a former RAAF No 36 Squadron Hercules Loadmaster who was discharged in November 1968. The VRB Services Member at my Appeal, served as an Army National Serviceman who was a 'Scheyville Wonder' (ARMY types will know what is meant by this term!) who served in Vietnam in 1971(?) The sum total of his input at the hearing was to infer that I was telling lies, for he boldly and wrongly stated, "...Mr Grigg, 36 Squadron never flew MEDEVAC flights out of South Vietnam !" His comment, of course 'clouded' the thinking of the other two members of the Board! One member of the Board made comment, "We noted that you typed your Primary Claim?" - the inference being, of course, was that there was nothing wrong with me because I could type! Little did they realise that it took me more than a week to complete the form and additional paperwork!

Within time constraints, my advocate advised me to appeal the VRB decision to the Administrative Appeals Tribunal (AAT), [the Federal Court tasked with reviewing descions made by Federal Governmetn Agencies, like the ATO, Centrelink, Customs, DVA and etc.]. He encouraged me [I wnated to chuck the whole thing in!] by telling me that he wasn't worried and that I would obtain the justice that I was denied by the VRB! And it truly was! After waiting on Appeal for yet another two years, and despite DVA requiring a further specialist medical report (to try and find reasons to deny my claim!) I was finally granted the Medical Treatment I needed and a Special Rate Pension  to which I had been justly and fairly entitled to since my discharge in November 1968! However, I was only compensated with Back-pay from the date of  the AAt's decision to 3 months before I lodged my Primary Claim!

If I had known back there whilst still in the Service, that I had an entitlement to medical treatment and counselling, my lifestyle posssibly may have been far better than it was. Instead I was discharged without a proper and full medical examination, no hearing test and no counselling of any description at all! On my last day in the Service, after completing my discharge clearances, I then handed over my Service ID Card at the Guardhouse and simply drove out of the Main Gate of RAAF Base Richmond for the very last time. It felt like I was driving into a vaccuum as that I was being discarded like a mangy dog who had been kicked out the place!