Too slow processing of veterans’ compensation claims
Services for veterans are being jeopardised by Ministry of Defence’s lack of legally trained staff and a case monitoring system
The Ministry of Defence’s Full Compensation Regulation (RVS) is the final step in the procedure for awarding compensation to veterans who have suffered physical or psychological harm as a result of being deployed on missions. According to veterans claiming this compensation, the RVS procedure is both complex and protracted, and often causes additional stress. In 60% of cases, the Minister of Defence failed to meet the aim to process all claims within two years.
Collaboration between Netherlands Court of Audit and Ombudsman for Veterans
Alongside the focus investigation conducted by the Court of Audit, the Ombudsman for Veterans investigated the follow-up to earlier recommendations on how the RVS should operate. Compensation paid by the Minister of Defence between 2016 and 2024, along with charges, legal fees and the costs of medical and other experts, totalled €469 million. While the investigation by the Ombudsman was based on complaints by veterans, the Court of Audit investigated how central government policy translated into practice and specific services provided. In this way, the two High Councils of State are contributing to improving government performance and effectiveness.
Average of three years to process RVS claims
While the minister’s aim is for RVS claims to be processed within two years, our investigation found that this target failed to be met in 60% of cases and that claims handling took an average of three years to complete. However, examples were also found of cases taking five and sometimes even eight years to process. This has a substantial impact on veterans and their families.
Conclusions of investigation by Ombudsman for Veterans
Interviews conducted by the Ombudsman showed that veterans continue to regard the procedure as lacking transparency and taking too long. According to the Ombudsman, cooperation between the Ministry of Defence and veterans’ representatives was seen as less than optimal and focusing too little on individual veteran needs.
Structural shortage of legally trained staff and no case monitoring system at the Ministry of Defence
Our investigation found there to be a structural shortage of legally trained staff in the Ministry of Defence’s Legal Affairs Department. According to the ministry’s personal injury lawyers, this adversely impacts on the services provided to veterans, including the extent of personal contact. Similarly, the ministry does not have a system in place for monitoring RVS claims. Lawyers consequently have to record each step manually, thus making the procedure both prone to error and labour-intensive.
Time-consuming use of external experts
External experts, including medical advisers, are regularly involved in determining harm suffered. Their expertise may be requested by veterans themselves or by the ministry if opinions on the compensation due differ. The experts most commonly engaged (in 70% of cases) by the ministry or veterans are medical advisers. Cases involving such advisers can easily take a year longer to complete than otherwise. In 10% of RVS claims, the ministry also seeks advice from other external parties, such as occupational health consultants. This, too, results in longer processing times.
Veterans view communications as complex
Veterans reported that they often found Ministry of Defence communications to be complex and impersonal. As veterans themselves explained, and as specifically highlighted in the investigation by the Ombudsman, the fact that 80-90% of those applying for compensation under the RVS have psychological complaints (PTSD) often makes it difficult for them to understand letters and forms.
System scheduled for review, but no completion date has been set
In responding to the focus investigation, the minister stated that the Personal Injury Claims department was currently being restructured so as to create the additional capacity required, while initial steps have been taken to establish a case monitoring system. Since 2019, the minister has also been working on a review of the system of pensions and benefits for veterans (HVUS). However, no date for announcing details of any changes has been set. In 2021, the Ombudsman for Veterans asked the minister to clarify the review’s implications for RVS claims. Both the Ombudsman and the Court of Audit hope that the facts and figures presented will now help the minister to progress this matter.