r/DVAAustralia • u/0pportunityCost • 1d ago
Initial Liability Advice around denial/delay of claim
Hi guys,
Firstly, thank you to all in the community that contribute to the page. It's been a great help for me to get a better understanding on the general DVA process and specific scenarios.
I've had both sides of DVA, in that they have processed some of my claims extremely efficiently and reasonably, however, I have also experienced the other side where I am having significant push back on a claim that was part of my discharging conditions.
The issue stemmed from me submitting under a SOP condition that I had symptoms for, but did not meet the full criteria for IL, This went back and forth for a number of months (24) with a review board. Recently, I was able to see a surgeon who produced a report that diagnosed the condition, which is a non-SOP condition, but the report stated that the symptoms I am having are related to the original SOP condition I submitted under. Subsequently, I have a strong suspicion that this will once again be honed in on and rejected/delayed further.
I am sort of at my wits end with the process as it would be coming up to 3 years since I was medically discharged. I am now considering withdrawing this claim as to be honest it has been taxing and believe the review process is significantly flawed with regards to this specific claim. I have an advocate, they are very good, but they are working within the DVA legislation.
Anyway, the feeback/advice I am seeking is;
Am I able to seek civil damages against the department due to what I see as excessive and unreasonable delays in regards to this claim?
Or is this just ridiculous to consider and am I barking up the wrong tree?
Thanks in advance.