Internal Reconsideration
Internal Reconsideration is the first formal review step available when you disagree with a DVA decision. A different DVA delegate reviews the original decision, applies the same legislative tests, and can reach a different conclusion. New evidence can be submitted as part of the reconsideration.
Reconsideration is faster and less formal than a Veterans Review Board appeal. Many cases are resolved at this stage, particularly where the original rejection was based on missing evidence or an error in applying the Statement of Principles.
There are time limits for requesting reconsideration. Acting promptly after receiving an unfavourable decision is important.
Who is eligible
You have received an unfavourable DVA decision in the last 12 months
The decision relates to an initial liability claim, PI assessment, incapacity payment, or health card application
You have grounds for challenge, whether based on new evidence or an error in the original decision
How it works
Review the Decision
We read the DVA decision letter and identify specific errors in the delegate's reasoning or gaps in the evidence that was considered.
Identify Grounds
We identify the factual or legal basis for challenging the decision and assess whether the grounds are strong enough to proceed.
Lodge Reconsideration Request
We prepare and lodge a written reconsideration request with any additional evidence, setting out the reasons the original decision should be overturned.
How Clear Path helps
We review the original decision and identify specific errors or gaps in the delegate's reasoning
We advise honestly on whether grounds for reconsideration exist and what the realistic prospects are
We gather additional medical or factual evidence where the original claim was rejected for lack of evidence
We prepare the written reconsideration request and manage the process through DVA
Common questions
Is there a time limit to request reconsideration?
Yes. Under most DVA Acts, you have 12 months from the date of the original decision to request reconsideration. Acting promptly is important. If you're outside the time limit, there may still be options depending on the Act and the type of decision.
Can I submit new evidence with a reconsideration request?
Yes. Submitting additional evidence is one of the main reasons to pursue reconsideration. If the original claim was rejected because of missing medical records or an incomplete supporting statement, reconsideration with a fully evidenced submission often produces a different outcome.
What happens if reconsideration fails?
If the reconsideration decision is still unfavourable, the next step is an appeal to the Veterans Review Board. We'll advise you on whether the prospects justify proceeding and prepare your VRB case if they do.
Ready to get started?
Book a free consultation and we'll walk you through what this means for your situation.
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