VEAB decision in the case of Tā Harawira Gardiner

The Veterans’ Entitlement Appeal Board (VEAB) recently released its decision on the appeal made to it by Tā Harawira Gardiner. The Board decision was that his claim for glioblastoma must be treated as a service-related condition under the Veterans' Support Act 2014.

Veterans' Affairs is appealing the VEAB decision on two grounds. The appeal maintains that:

• the VEAB followed a wrong interpretation by the High Court in July 2023 of section 14 of the Veterans' Support Act 2014; and
• the VEAB followed a wrong interpretation by the High Court in July 2023 of section 10(b)(ii) of the Veterans' Support Act 2014.

While waiting for the outcome of the appeal, we will implement new procedures to reflect the interpretations of the High Court in July 2023 and the VEAB's recent decision.

Background

In 2021, Tā Harawira Gardiner submitted a claim to Veterans' Affairs, which was declined because his condition was not considered to be service-related. Tā Harawira made an appeal to the VEAB, and the Board decided that his glioblastoma must be treated as service-related.

The Crown appealed this decision to the High Court. The presiding Judge asked the VEAB to consider the claim again, taking into account the guidance she provided to them on the law.

Read the High Court decision about the appeal of Lt. Col. Tā Harawira Gardiner’s claim

The VEAB issued its final decision in October 2024. They confirmed that the glioblastoma must be treated as service-related.

Read the Veterans' Entitlements Appeal Board decision [PDF, 417 KB]

Questions and answers

What is happening now?

Veterans' Affairs has lodged an appeal with the High Court. The appeal will seek clarification about how the Act should be interpreted.

Pending the outcome, we are updating and implementing new procedures to reflect the High Court’s guidance and the VEAB’s decision.

What does this mean for me?

It will likely take us longer to process some of the more complex claims.

Is submitting a claim still worthwhile?

Yes, absolutely. If you have a health condition that you think is related to your qualifying service, please submit a claim.

I’ve been declined by Veterans’ Affairs previously — does this mean that my application will be reviewed?

No. We will not be automatically reviewing past decisions.

You can seek a review within six months of receiving notification of a declined claim. An appeal can be made within six months of a review decision confirming a decline.
Once these periods have passed, you need to reapply, particularly if you have new information to support your application.