Well I had my appeal board hearing in early Dec 07, it went rather well. It seemed unbiased and well run with no major surprises. The board member indicated 6 weeks for a decision. Nothing received yet, not sure if this is good or bad? Is this normal for the length of time to pass before getting a decision, I would think if it was no wouldn't they say so and send it out? Any comments are welcome, thanks.
Appeals Board Completed
- Thread starter 06Honda
- Start date
(1) First applied in Feb 06 for degenerative disc disease problems. 20 years in army as a rad op, several back injuries and problems documented in medical records at work.
(2) Denied withing weeks of applying
(3) Contacted the legion who assigned me a rep
(4) Had surgery since, removed some material/bone etc from my discs. Still have permanent nerve damage than cannot be fixrd with surgery.
(5) Hearing on 6 Dec 07, decision period indicated was 6 weeks
(6) Nothing heard since then.
If approved is it a montly amount or cash payment.
Is it back dated to Feb 06.
(2) Denied withing weeks of applying
(3) Contacted the legion who assigned me a rep
(4) Had surgery since, removed some material/bone etc from my discs. Still have permanent nerve damage than cannot be fixrd with surgery.
(5) Hearing on 6 Dec 07, decision period indicated was 6 weeks
(6) Nothing heard since then.
If approved is it a montly amount or cash payment.
Is it back dated to Feb 06.
the 48th regulator
Army.ca Fixture
- Reaction score
- 1
- Points
- 430
Call VAC and find out what the delay is, do not hang up with out an answer. If you can not get one then get;
a) Contact name and number of somone who can tell you of a status.
As opposed to the Monthly, if you applied for a descision before the new charter, and your appeal is a succes, then you more than likely will fall under the old System, which is a monthly payment.
In facrt call up both your VAC and LEgion rep. AS I am surprised that they have not ansered your questions.
I advise you have a pen and pad handy, write down everyone's name that you speak to (Tell them to spell it if you have to) and the times you spoke to them (and date of course).
dileas
tess
a) Contact name and number of somone who can tell you of a status.
As opposed to the Monthly, if you applied for a descision before the new charter, and your appeal is a succes, then you more than likely will fall under the old System, which is a monthly payment.
In facrt call up both your VAC and LEgion rep. AS I am surprised that they have not ansered your questions.
I advise you have a pen and pad handy, write down everyone's name that you speak to (Tell them to spell it if you have to) and the times you spoke to them (and date of course).
dileas
tess
- Reaction score
- 1,625
- Points
- 1,160
06Honda
Wow, what a surprise!! See below. Sounds like you just went through VRAB Review Hearing. You have other options, i.e. you can appeal. Forget Judicial hearing unless you have money for a lawyer.The whole process of dealing with VAC and VRAB is frustrating and time consuming, but do not give up. The members of the boards of the Review Hearing and Appeal Hearing, are with two exceptions, political appointed civilians, who with no medical qualifications, overturn medical practitioners reports. It is a joke, but launch an appeal ASAP.
On a personal note I just received the results of a Appeal Hearing which stated that the injury/condition was only partially a result of military service, but did not state what the Board thought was the actual cause if not from military service. At my request, I had the VRAB lawyer write to the Board Chairman to ask the Members of Board that heard my case, what, in their expert opinion was the cause, if it was not military service. They make arbitrary decisions .
If you need assistance to write your appeal, I will certainly help.
Veterans Review and Appeals Board (VRAB) http://www.vac-acc.gc.ca/clients/sub.cfm?source=department/organization/review
Departmental Review
If you have important new evidence after receiving a decision that you are not satisfied with, you have the option of having your claim reviewed again by VAC through a written submission called a Departmental Review.
VRAB Review Hearings
You attend in person before members of the Board (usually two) at VAC's expense. The lawyer will conduct the hearing by going through the documentation in your file with the Board members.
Appeal Hearings
If you are not satisfied with the decision of the VRAB Review Panel, you have the right to appeal that decision to the Appeal level of the VRAB. You may also be represented by a BPA lawyer at this stage, at no charge. Appeal Hearings are held in Charlottetown before a different panel from your Review level hearing. At the Appeal level, Bureau lawyers file a written submission with the VRAB prior to the hearing. Written or oral arguments are made by lawyers at the hearing, and other important written information can also be submitted.
Judicial Review
In very rare cases, you may be able to refer your claim to the Federal Court of Canada for Judicial Review.
Wow, what a surprise!! See below. Sounds like you just went through VRAB Review Hearing. You have other options, i.e. you can appeal. Forget Judicial hearing unless you have money for a lawyer.The whole process of dealing with VAC and VRAB is frustrating and time consuming, but do not give up. The members of the boards of the Review Hearing and Appeal Hearing, are with two exceptions, political appointed civilians, who with no medical qualifications, overturn medical practitioners reports. It is a joke, but launch an appeal ASAP.
On a personal note I just received the results of a Appeal Hearing which stated that the injury/condition was only partially a result of military service, but did not state what the Board thought was the actual cause if not from military service. At my request, I had the VRAB lawyer write to the Board Chairman to ask the Members of Board that heard my case, what, in their expert opinion was the cause, if it was not military service. They make arbitrary decisions .
If you need assistance to write your appeal, I will certainly help.
Veterans Review and Appeals Board (VRAB) http://www.vac-acc.gc.ca/clients/sub.cfm?source=department/organization/review
Departmental Review
If you have important new evidence after receiving a decision that you are not satisfied with, you have the option of having your claim reviewed again by VAC through a written submission called a Departmental Review.
VRAB Review Hearings
You attend in person before members of the Board (usually two) at VAC's expense. The lawyer will conduct the hearing by going through the documentation in your file with the Board members.
Appeal Hearings
If you are not satisfied with the decision of the VRAB Review Panel, you have the right to appeal that decision to the Appeal level of the VRAB. You may also be represented by a BPA lawyer at this stage, at no charge. Appeal Hearings are held in Charlottetown before a different panel from your Review level hearing. At the Appeal level, Bureau lawyers file a written submission with the VRAB prior to the hearing. Written or oral arguments are made by lawyers at the hearing, and other important written information can also be submitted.
Judicial Review
In very rare cases, you may be able to refer your claim to the Federal Court of Canada for Judicial Review.
- Reaction score
- 0
- Points
- 210
There is actually another means after the Appeal Hearing but this VAC does not talk about it. It is what we call the Compassionate Award, article 34(1) of the VRAB Act.
COMPASSIONATE AWARDS
Application for compassionate award 34. (1) A person who has been refused an award under the Pension Act, or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.
Panel (2) An application for a compassionate award shall be heard, determined and dealt with by a panel consisting of not fewer than three members designated by the Chairperson.
Granting of compassionate award (3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act, or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.
Amount (4) The amount of a compassionate award shall be any sum that the panel may fix, but may not exceed the amount to which the applicant would have been entitled if the applicant’s claim under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act had been upheld.
Review by Minister (5) The Minister may from time to time vary the amount of a compassionate award that is subject to being varied in accordance with the applicant’s dependent condition.
Adjustment (6) The amount of a compassionate award shall be adjusted at the same times and by the same percentage as the basic pension is adjusted under subsection 75(1) of the Pension Act. CanLII - Federal - S.C. 1995, c. 18 Page 5 of 10 http://www.canlii.org/ca/sta/v-1.6/whole.html 10/07/2007
Death of recipient (6.1) On the death of a person to whom a compassionate award has been granted, the Pension Act applies in respect of a survivor or surviving child of that person in the same manner as it would apply if the compassionate award had been an award within the meaning of that Act.
Meaning of “survivor” and “child”
(6.2) In subsection (6.1), “survivor” and “child” have the same meaning as in the Pension Act.
Reconsideration of decisions (7) The Board may, on its own motion, reconsider a decision made by it under this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Board.
Definition of “compassionate
award” (8) In this section, “compassionate award” means a compassionate pension, allowance or supplementary award. 1995, c. 18, s. 34; 2000, c. 34, s. 67; 2005, c. 21, s. 113.
COMPASSIONATE AWARDS
Application for compassionate award 34. (1) A person who has been refused an award under the Pension Act, or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.
Panel (2) An application for a compassionate award shall be heard, determined and dealt with by a panel consisting of not fewer than three members designated by the Chairperson.
Granting of compassionate award (3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act, or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.
Amount (4) The amount of a compassionate award shall be any sum that the panel may fix, but may not exceed the amount to which the applicant would have been entitled if the applicant’s claim under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act had been upheld.
Review by Minister (5) The Minister may from time to time vary the amount of a compassionate award that is subject to being varied in accordance with the applicant’s dependent condition.
Adjustment (6) The amount of a compassionate award shall be adjusted at the same times and by the same percentage as the basic pension is adjusted under subsection 75(1) of the Pension Act. CanLII - Federal - S.C. 1995, c. 18 Page 5 of 10 http://www.canlii.org/ca/sta/v-1.6/whole.html 10/07/2007
Death of recipient (6.1) On the death of a person to whom a compassionate award has been granted, the Pension Act applies in respect of a survivor or surviving child of that person in the same manner as it would apply if the compassionate award had been an award within the meaning of that Act.
Meaning of “survivor” and “child”
(6.2) In subsection (6.1), “survivor” and “child” have the same meaning as in the Pension Act.
Reconsideration of decisions (7) The Board may, on its own motion, reconsider a decision made by it under this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Board.
Definition of “compassionate
award” (8) In this section, “compassionate award” means a compassionate pension, allowance or supplementary award. 1995, c. 18, s. 34; 2000, c. 34, s. 67; 2005, c. 21, s. 113.
- Reaction score
- 1,625
- Points
- 1,160
VAC Salute! - January 2023
Compassionate Award application is now more accessible (not really, hard to find)
Choose a secure Sign-In Method - Access My Veterans Affairs Canada Account search for: "Compassionate Award"
You can now access and fill out an application form for the Veterans Review and Appeal Board’s Compassionate Award online through My VAC Account.
The Compassionate Award is a special discretionary award for Veterans, Canadian Armed Forces and Royal Canadian Mounted Police Members, and their families, who need assistance on compassionate grounds.
When a Compassionate Award is granted, it corresponds to the type of entitlement which had been previously denied under the Pension Act or the Veterans Well-being Act. The amount of the Compassionate Award will be based on the amount that would have been paid to the applicant if the earlier claim for entitlement had been approved.
Now, My VAC Account users can easily apply for the Compassionate Award directly through their account. My VAC Account users can also communicate with the Board via the secure messaging feature.
If you are being represented by the Bureau of Pensions Advocates or the Royal Canadian Legion, talk to your representative about applying.
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