DVA Compensation Claims: How Veterans Claim Under the MRCA (2026)

This guide explains how compensation for current and former members of the Australian Defence Force (ADF) works under Commonwealth law, administered by the Department of Veterans' Affairs (DVA). It covers the single-Act system that started on 1 July 2026, how liability is decided, what support exists in outline, how to claim and where to get free help, and how to challenge a decision. Information was checked against the Federal Register of Legislation and DVA's own pages on 26 October 2026. It does not cover civilian work injuries, which fall under state, territory or Comcare schemes explained in our workers compensation in Australia guide.

The 1 July 2026 change: one Act for new claims

Parliament passed the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025, which received Royal Assent on 20 February 2025. Its main changes started on 1 July 2026, which each of the three veterans' Acts now defines as the "date of commencement". A first set of changes, to the review pathway, started earlier, on 21 April 2025.

From that date the MRCA is the only Act for new compensation claims. Section 3 of the MRCA now says:

"From the date of commencement, the benefits and assistance provided for by this Act cover all members and former members, regardless of when they rendered service or the nature of that service, and this is the only Act under which a claim for such benefits and assistance can be made."

The two older Acts were closed to new claims, not repealed. Section 14AA of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) says a claim may not be made under its Part V on or after the date of commencement. Section 12AA of the VEA closes new claims and applications under Part II (other than Division 2A), Part IV, section 111 (other than bereavement payment under section 98AA) and instruments made under sections 105 and 106.

DVA puts it simply: "From 1 July 2026, new claims are assessed under the Military Rehabilitation and Compensation Act 2004 (MRCA)."

Which Act applies to you

What the transition means in practice

Your service date no longer chooses the Act. The MRCA itself began on 1 July 2004, and before 2026 the Act that applied could depend on when and how you served. Under the new transitional rules the MRCA applies to an injury, disease or death whether it happened, or relates to service rendered, before, on or after 1 July 2026.

Accepted conditions carry over. Section 24A of the MRCA says the Commission "is taken to have accepted liability" for a condition accepted under the DRCA or pensioned under VEA Part II or IV. Its note confirms you are not required to make a new claim and the Commission is not required to reassess liability.

A refusal is not the end. Note 2 to section 319 says that where a DRCA or VEA claim for an injury, disease or funeral "has been refused, a new claim may be made under this section in respect of the same injury or disease, or the same funeral, provided the new claim is supported by additional evidence". The new claim must include additional evidence (section 322(5B)); resubmitting the same file does not meet that requirement.

But not while the old claim is still open. A new MRCA claim for the same injury or disease cannot be made while the old VEA or DRCA claim is still pending, while a review of it is under way, or before the time to apply for a review has run out (section 322(5A) and (6)). So a new claim cannot run alongside a Veterans' Review Board application; you have to choose one route. If you are weighing the two, keep in mind that a new claim is dated from when you make it, and MRCA permanent impairment compensation under it cannot start before that date (section 68(3)). An advocate can help you compare the routes before a review deadline passes.

No double payment. The transitional rules stop you being compensated twice. For example, you cannot get MRCA permanent impairment compensation for an impairment you were already compensated for under the DRCA, or for which you are receiving a VEA Part II or IV pension. The transitional rules note that this does not rule out additional MRCA compensation for extra impairment caused by a deterioration of the original condition (MRCA s 71). The same logic applies to incapacity, death, funeral and treatment benefits.

Watch out: how existing VEA and DRCA payments are paid from now on depends on the payment type and on transitional rules not covered here. If you already receive a payment, ask DVA or an advocate how the change affects it before you make decisions based on it.

How DVA decides whether your condition is service-related

The Commission must accept liability under section 23 of the MRCA if your injury or disease is a service injury or disease, nothing in Part 4 of that Chapter prevents acceptance, and you have made a claim under section 319.

You do not carry the burden of proof. Section 337 says nothing in the Act imposes on a claimant "any onus of proving any matter". What changes is the standard the decision maker applies, and that depends on the kind of service connected to your condition.

Whether you actually have the injury or disease you claim is always decided to the Commission's reasonable satisfaction, whatever your service.

Statements of Principles

Both standards run through Statements of Principles (SOPs). The Repatriation Medical Authority describes SOPs as legislative instruments that "exclusively state what factors must exist to establish a causal connection between particular diseases, injuries or death and service". The RMA makes them under two provisions, one for each standard of proof (MRCA ss 370CB and 370CC), and they are published on the RMA website and the Federal Register of Legislation.

Under section 338(3), a hypothesis is reasonable only if an SOP (or a Commission determination) upholds it. The SOP gate does not apply where the RMA has neither made an SOP for that kind of condition nor declared that it will not make one. If the RMA has given notice that it is investigating a condition, claims of that kind cannot be decided until it makes an SOP or declares it will not.

Pro tip: before you claim, find the SOP for your condition and read its factors. If a factor such as a specified exposure, activity or time period fits your service, say so in your claim and point to records that show it.

Presumptive liability for claims made from 1 July 2026

A new section 27A lets the Commission specify conditions that are taken to be caused by particular service "unless the contrary is established". The instrument made under it, the Military Rehabilitation and Compensation (Injuries and Diseases Attributable to Defence Service, Presumptive Liability) Determination 2026, applies to claims "made on or after 1 July 2026".

It covers conditions linked to specified service, secondary conditions, service involving abuse, Point Cook firefighting work, F-111 deseal/reseal work, cancers linked to firefighting work, occupational diseases and occupational asthma. Two examples from its tables:

• Posttraumatic stress disorder, for warlike service of more than 28 days (excluding the first 28 days of warlike service).
• Acute meniscal tear of the knee, for any defence service.

DVA says that if your condition and service meet the requirements, it "can accept the condition as service-related without you needing to provide evidence showing how your service caused it". The list is long and is amended over time, so check the current determination for your condition and service rather than relying on a summary.

What you can receive, in outline

These are the main MRCA benefits for new claims. Payment rates are indexed and change over time, so this guide does not quote dollar amounts; check current rates with DVA.

Permanent impairment compensation (MRCA Chapter 4, Part 2). Paid where an accepted condition has caused an impairment that is likely to continue indefinitely and has stabilised. You generally need at least 10 impairment points, or at least 5 points for hearing loss, loss of use of a finger or toe, or loss of taste or smell (section 69). Points from more than one condition can be combined. It is paid weekly unless you choose to convert all of it, or a set share of it, to a lump sum. That choice must be made in writing within 6 months after the Commission's notice of the weekly amount (the Commission can extend this in special circumstances), and once made it cannot be changed (section 78). Interim compensation can be paid while a condition has not yet stabilised.

Incapacity payments (Chapter 4, Parts 3 and 4). If an accepted condition stops you working, the weekly amount depends on the difference between your normal earnings and your actual earnings for the week (section 117). There are separate rules for serving members and former members, and age-related rules apply as you approach pension age.

Special Rate Disability Pension (Part 6). An option for people with at least 50 impairment points who cannot do paid work for more than 10 hours a week, where rehabilitation is unlikely to increase that capacity. It is paid instead of incapacity payments, at a rate set by reference to section 24 of the VEA, which may be reduced if you also receive permanent impairment compensation or a Commonwealth superannuation benefit. You generally must be under pension age, and once you make the choice you cannot change it. You have 12 months from the offer to choose it, and the Act requires you to get advice from a suitably qualified financial adviser before you choose.

Treatment. Once liability is accepted on an MRCA claim, former members (and some others, such as part-time Reservists) can get treatment for the accepted condition. If your condition was accepted under the VEA or DRCA, ask DVA which arrangement covers its treatment. Treatment for any condition, not just accepted ones, is available if your impairment reaches 60 or more points, if you are eligible for the Special Rate Disability Pension, or if you meet the Additional Disablement Amount criteria (sections 281, 282 and 282A). DVA shows what you are covered for through its Veteran Card - All Conditions and Veteran Card - Specific Conditions.

Veteran Payment. Part IIIAA of the VEA provides for a payment while a claim for certain mental health conditions is being decided. The claim can be an MRCA or DRCA claim. Conditions include that you cannot work more than 8 hours a week, you are an Australian resident and in Australia on the day you claim, you are under pension age, and the claim has not yet been decided. A partner payment may also be available. Ask DVA about the current rate.

Rehabilitation. The MRCA provides rehabilitation programs for current and former members, including some who have not made a claim and need not have a service injury or disease (section 3).

Dependants. The MRCA chapter on dependants (from section 231) provides compensation and other benefits for dependants, mainly where a member died from a service death or had a serious impairment from a service condition before death. It covers wholly dependent partners, children (including an education scheme), other dependants and funeral costs.

Other benefits exist, including household and attendant care, an acute support package, additional compensation for children of severely impaired veterans (80 or more impairment points) and decoration allowances. Ask an advocate which ones fit your situation.

Help you can get without an accepted claim

Mental health treatment. DVA says it provides "fully funded treatment of all mental health conditions" and that "you do not need to prove that your Australian Defence Force (ADF) service caused these conditions". This is Non-Liability Health Care (NLHC). It is open to current and former full-time ADF members, including reservists with at least one day of continuous full-time service. Some reservists without it may still be eligible through Disaster Relief Service, Border Protection Service or a serious service-related training accident.

NLHC covers GPs, psychiatrists, psychologists, mental health social workers and occupational therapists, hospital admissions, prescribed medication, DVA-recognised alcohol and drug programs, and Open Arms services. You need a Veteran Card - Specific Conditions that covers mental health (Veteran Card - All Conditions holders are already covered). Apply through MyService, by calling 1800 VETERAN (1800 838 372), by emailing NLHC@dva.gov.au or by paper form. If approved, DVA can reimburse eligible costs from up to 3 months before it received your application. The cover does not extend to treatment overseas.

Cancer and pulmonary tuberculosis. A separate determination that started on 1 July 2026 gives certain groups, including some people with VEA eligible war service and members of a Peacekeeping Force, access to non-liability treatment for malignant neoplasia (cancer) and pulmonary tuberculosis. A written request in the approved form is required. Check your eligibility with DVA.

Provisional Access to Medical Treatment (PAMT). Under PAMT, DVA "will pay for your treatment for certain conditions before we have accepted liability for them". You must claim one or more of 20 listed conditions under the MRCA (or under the DRCA, for claims made before 1 July 2026). The conditions are:

• achilles tendinopathy and bursitis, chondromalacia patella, plantar fasciitis and shin splints
• cut, stab, abrasion and laceration; dislocation; fracture; sprain and strain
• internal derangement of the knee, joint instability, labral tear and rotator cuff syndrome
• intervertebral disc prolapse, lumbar spondylosis and thoracic spondylosis
• osteoarthritis
• non-melanotic malignant neoplasm of the skin and solar keratosis
• sensorineural hearing loss and tinnitus

The dates matter. DVA says you must submit your claim "by 30 June 2027", and treatment is available "until 31 December 2027, or your claim is determined, whichever occurs first". If your claim is refused, treatment can continue while a reconsideration or review is finalised, still within the 31 December 2027 end date. Your GP completes a Treatment confirmation form, and DVA says it will not ask you to pay back the cost of care while it assessed your claim. PAMT is open to former ADF members, part-time reservists, cadets and declared members.

Open Arms. Open Arms - Veterans and Families Counselling is available 24/7 on 1800 011 046.

How to make a claim

A claim under section 319 of the MRCA can be for acceptance of liability for an injury, disease or death, for loss of or damage to a medical aid, or for compensation. A liability claim must be in writing, given to the Commission, and meet any form requirements.

1. Get a diagnosis. DVA asks for "a confirmed medical diagnosis from a GP or specialist for each condition you're claiming".
2. Gather what you have. Add any relevant medical evidence and service information, such as records that link the condition to the factors in its SOP.
3. Do not pay for extra reports first. DVA says: "Do not arrange or pay for additional medical assessments before lodging your claim unless DVA has requested and approved them."
4. Lodge in MyService. Sign in to myGov and link DVA, then select Apply now, then Initial Liability. A paper form is also available.
5. Ask for interim support. While the claim is assessed, ask about NLHC for mental health, PAMT, and the Veteran Payment if a mental health condition stops you working.

For help with the claim itself, DVA lists 1800 VETERAN (1800 838 372), Monday to Friday, 8:00am to 5:00pm, the email primary.claims@dva.gov.au, its Veterans' Access Network offices and its Claims Lodgement Assistant program.

Free advocates, paid advocates and scams

DVA says "free advocacy services are available through ex-service organisations (ESOs)". Its Advocacy Register lists those organisations, not individual advocates.

Advocates trained through the Advocacy Training and Development Program (ATDP) have completed units from the Course in Military Advocacy. DVA says they are generally volunteers, are not DVA staff, and are covered by professional indemnity insurance. ATDP training is only open to advocates working with ESOs that do not charge a fee, although they may ask you to cover small incidental costs. They can help with MyService claims, review requests and appeals, and can represent you at Veterans' Review Board and Tribunal hearings.

Paid advocacy services also exist. DVA suggests checking that a paid advocate is adequately trained and holds professional indemnity insurance, and that you understand the fees before signing an agreement.

Watch out: DVA says "no-one should ask for your MyService sign in details, and you should never share your sign in information with anyone". If someone contacts you out of the blue offering to run your claim, you can report it to DVA through its Report an integrity concern process.

For general free legal help, see our legal aid in Australia guide.

Challenging a decision: Veterans' Review Board, then the Tribunal

Since April 2025 compensation decisions under all three Acts follow the same review path: the Veterans' Review Board (VRB) first, then the Administrative Review Tribunal (ART). The VEA and DRCA both now apply Part 4 of Chapter 8 of the MRCA to their decisions. Older guidance may still refer to the Administrative Appeals Tribunal; the Tribunal named in the MRCA today is the ART, which started on 14 October 2024.

There is no right to ask for reconsideration first. Under the MRCA and DRCA the Commission may reconsider a decision on its own initiative, but the Acts do not give you a right to demand it. The review you can apply for is to the VRB, so lodge within the time limit even while you are talking to DVA about the decision.

How the VRB works. Your application must be in writing. After you apply, the Commission prepares a report on the decision within 28 days, and you have 28 days after receiving it to comment. Alternative dispute resolution is available, and hearings are held in private unless there are special circumstances.

New evidence at the Tribunal. Sometimes you give the ART a document the Board did not have. If you could have given it to the Board without unreasonable expense or inconvenience, and it would have led to a better result, the Tribunal can send the matter back to the Commission. The Commission must reconsider within 28 days; if it does not, it is taken to have affirmed the decision, and the Tribunal review then continues.

Pro tip: your decision notice must tell you that you can apply to the Board. Write the date you received it in your diary along with the 12-month (or 3-month) deadline, and bring the notice to your advocate straight away.

If you also receive the Disability Support Pension from Services Australia, its reviews are a separate process; see DSP reviews and appeals and our Disability Support Pension guide.

Frequently Asked Questions

I served before 2004. Can I still claim, and under which Act?

Yes. From 1 July 2026 the MRCA applies to an injury, disease or death whether it relates to service rendered before, on or after that date, and section 3 of the MRCA says it is the only Act under which a new claim can be made. Your service date still matters for the facts of your claim, such as the kind of service you rendered, but not for which Act you claim under.

I lodged a VEA or DRCA claim in early 2026 and it has not been decided. What happens to it?

It usually keeps going under the Act you lodged it under, including any later reconsideration or review. The transitional provisions make some exceptions: a pending DRCA claim for incapacity compensation, and some pending VEA claims and applications (such as for prisoner of war recognition supplement or the Veterans' Children Education Scheme), are taken to be MRCA claims or applications from 1 July 2026. DVA says claims lodged before 1 July 2026 that met the old eligibility requirements will continue to be processed under those Acts. While the old claim is pending, you cannot make a separate MRCA claim for the same injury or disease.

Do I lose my existing DVA pension or accepted conditions because of the 1 July 2026 change?

The change closes the old Acts to new claims; it does not cancel decisions already made. Section 24A of the MRCA treats a condition accepted under the DRCA, or one for which a VEA Part II or Part IV pension was granted, as accepted under the MRCA, without a new claim. You cannot be compensated twice for the same impairment, incapacity or treatment across the Acts, although additional MRCA compensation can still be possible if an accepted condition gets worse. For how a payment you already receive will be paid from now on, check with DVA, because those transitional rules depend on the payment type.

Can I appeal a refused VEA claim from years ago?

If the refusal was years ago and no review is under way, the usual route is a fresh claim, not an appeal. Note 2 to section 319 of the MRCA allows a new MRCA claim for the same injury or disease after a refused VEA or DRCA claim, provided the new claim is supported by additional evidence. If the decision is recent and you are still inside the review time limit, you have to choose: apply to the Veterans' Review Board, or let the time limit pass and then make a new claim. You cannot do both at once, because section 322 of the MRCA bars a new MRCA claim for the same condition until the old claim is finally decided. A new claim is dated from when you make it, and permanent impairment compensation under it cannot start before that date, so talk to an advocate before you choose.

Do I need a diagnosis before I claim?

DVA asks for a confirmed medical diagnosis from a GP or specialist for each condition you claim, plus any relevant medical and service information you have. DVA also says not to arrange or pay for extra medical assessments before lodging unless DVA has requested and approved them.

Can I get mental health treatment while my claim is being assessed?

Yes, if you are eligible for Non-Liability Health Care. DVA says current and former full-time ADF members, including reservists with at least one day of continuous full-time service, can get fully funded treatment for all mental health conditions without proving service caused them. You need a Veteran Card - Specific Conditions that covers mental health; Veteran Card - All Conditions holders are already covered. DVA can reimburse eligible costs from up to 3 months before it received your application.

What is a Statement of Principles and why does it matter?

A Statement of Principles is a legislative instrument made by the Repatriation Medical Authority that sets out the factors that must exist to connect a particular injury, disease or death with service. For most claims, a decision maker can only find the connection if a Statement of Principles (or a Commission determination) supports it, so the factors in the relevant Statement of Principles largely decide what evidence your claim needs.

How long do I have to appeal a DVA decision?

For MRCA and DRCA decisions, apply to the Veterans' Review Board within 12 months after you were given notice of the decision. For VEA decisions about the rate of a pension, refusing a pension because the incapacity is not enough, refusing an increase, reducing, cancelling or suspending a pension, or refusing attendant allowance, the limit is 3 months; for other VEA decisions, check the time limit stated in your decision letter or confirm it with DVA. After the Board decides, you have 3 months from the notice of its decision to apply to the Administrative Review Tribunal.

Can I ask DVA to reconsider before going to the Veterans' Review Board?

Under the MRCA and DRCA the Commission may reconsider a determination on its own initiative, but the Acts do not give a claimant a right to demand reconsideration. The review you can apply for is to the Veterans' Review Board, so do not let a request for an informal second look run past the 12-month Board limit.

Do I have to pay an advocate to make a claim?

No. DVA says free advocacy is available through ex-service organisations listed on its Advocacy Register. ATDP-trained advocates are generally volunteers, are covered by professional indemnity insurance, and work with organisations that do not charge a fee, though they may ask you to cover small incidental costs. Paid advocates exist; DVA suggests checking their training, insurance and fees before you sign anything.

I am in crisis or need someone to talk to now. Who do I call?

Open Arms - Veterans and Families Counselling is available 24/7 on 1800 011 046.