is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
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Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
Well if I can find these reviews I am going to use them with my appeal and if this still falls on deaf ears one would trust that if I get to the federal court the judge will not be thrilled that VA refused to follow a real judges previous rulings. Anyone know where to look would be a help.
RCN-Retired- CSAT Member
- Number of posts : 263
Location : Vancouver Island
Registration date : 2012-11-14
Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
Benefit of the doubt is not utilized at all with Vrab. They don't have to follow directions. They make they're own. I too had to prove things.
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Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
I will be dancing with you Supreme, these people one can only wish will get what is deserved for the god complex they have acquired. Now Whisky, where does one find these 16 examples, I am having to yet again appeal my shrinks diagnosis of PTSD because I have not provided witness statements verifying that I saw what I saw and did what I did. Total BS as far as I am concerned and have told them that this is the one that I will be taking to Federal Court and that I will not seek out past COs or members that can support my claims.
RCN-Retired- CSAT Member
- Number of posts : 263
Location : Vancouver Island
Registration date : 2012-11-14
Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
Wow whisky...your learning good...and he's correct. I think most know that Vrab are an independent entity responsible to know one...hence they're unjust decisions. The only way to change things would be to stop the review and appeal process altogether. Then there will be adjudicators twiddling they're thumbs...to only lose they're jobs because the GOC will in fact cut back due to no hearings. Just my opinion...they can't say no or give unjust decisions if there's no veterans having hearings...this is the only way to abolish that whole shithole they call fair decisions by adjudicators. Stop appeals, stop reviews...this is how we make a stand. There are other avenues to take prior to losing to Vrab idiots. John Larlee collects a hefty paycheck, while he screws the canadian people over stealing taxpayers money! But that prick got caught. He travels to I think it was Europe and tried to pay with his expense account for his wife's stay and flights. Thief! The day Vrab is abolished is the day I do my happy dance! Crooked bastards...I've seen too many veterans and heard they're stories on how they got the shaft!
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Unfair disability adjudication
I published a user friendly version of the case law from analysing Federal Court Judicial Reviews i.e. those that were denied to the bitter end, hired and paid for a lawyer resulting in the quashing of the VRAB decision and sent back with directions. In this judicial review analysis it identifies repetitive errors the VRAB had made 16 to be exact of which the one most noticed was the VRAB board was not medically qualified to dismiss medical evidence. These judges decisions are what is known as case law. Judges when making a decision refer to case law in order to make the correct decision. Read this and identify in your decision from VRAB which of the 16 errors made and use it to appeal. These are Federal Judges Rulings that have in the past been ignored by the VRAB because they do not have to advise the Federal courts of their decisions. VRAB are supposed to post their decisions again quasi case law because they are armatures being quasi adjudicators with the belief they are god because they tow a political rope. That is how they got their and are owned and controlled by the government. These VRAB adjudicators are supposed to abide by the Federal Courts case law decisions but they do not because they do not have to report back to the Federal Courts who govern them. When doing your appeal list all the cases for the issue of concern that was identified in the judicial review analysis. Then shove it up their asses. Can not argue with law. Whisky45
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Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
Bigrex, Everyone deployed during sailings is , and always has been , on duty. If I ever ordered any sailor to help depart or come alongside , there never would have been a reply "I'm not on duty" Really the military should by now, after all this time , inform VAC to stop with these very very stupid questions and assumptions.
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Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
RCN, they don't just pull those kids of stunts with PTSD. I suffered a back injury during part ship hands, and they wanted me to go back and get a letter from any of the 30 guys who would have been on the fos'cle, if they remembered the event. I told them that was impossible, because, not only am I not in contact with anyone I sailed with back then, but just trying to remember all the possible people who may have been there at the time, is a daunting task. They also stated that even though that if the accident did happen, as i described, that I was not on duty at the time. I was lucky, that I spoke with a retired Cox'n and he wrote a letter saying that during a hectic evolution, nobody is going to remember someone getting injured, unless the injury was drastic, like an amputation. That doesn't mean injuries don't happen, and that as an all ship evolution, part of the duties and responsibilities of ALL sailors, is preparing the ship to come alongside, and therefor was considered on duty, as per regulations. Honestly without his letter, I doubt they would have even granted me the 1/5 award that they did.
bigrex- CSAT Member
- Number of posts : 4060
Location : Halifax, Nova Scotia
Registration date : 2008-09-18
Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
Well the verdict is in, it is not just the VRAB that speaks from both sides of their face, VAC is also a party to assisting with PTSD. About a year ago my psychologist whom I have been seeing for almost 20 years including about 7 while I was still serving as he was contracted to be at the treatment centre ran me through what seemed to be hours of testing and determined that they miss diagnosed me with major depression and determined that I have had PTSD. I am already at 100% with VAC so no monetary effects to them but we submitted the paperwork along with about a 10 page report from my Dr. and low and behold like a boomerang it has come back, you guessed it DENIED. As part of the appeal I am know having to seek out a previous CO to verify what I have said are some of the situations that lead to my medical condition. Hell, you guys on here are the only military people I have had real dialogue with in 13 years, and now to prepare for a VRAB hearing I must find one of my previous COs and have them write indicating that while serving under their command I actually witnessed and/or dealt with some of the tragic occurrences that have lead to me having PTSD. Totally ridiculous, I guess VA win this one because I am not about to seek out a CO and have them write me a note to try and get out of jail. This all from these caring guys that say to come forward and get help...I call BS!
RCN-Retired- CSAT Member
- Number of posts : 263
Location : Vancouver Island
Registration date : 2012-11-14
Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
Propat, I agree with you. I have had to endure 5 appeals I believe and each and every one I was made feel like I was a criminal. The VRAB are so tainted and bias that it is near impossible to be treated fairly. I am of the opinion that they look far a wide for people that will say no, and most have virtually no military experience and especially no medical background. I have always said the panel should be made up of retired military personnel that way they will at least understand the elements that those that go to appeal served in. Fire them all and change he criteria of who is appointed to these panels. Hell I would do it for free, just pay my expenses. But wait, some of us only lead several hundred men and women, conducted technical and summary investigations and oversaw things like meret boards, etc etc. But the clowns in VAC need to pick their little yes people. Stay the course, in the end hopefully those that appeal are successful.
RCN-Retired- CSAT Member
- Number of posts : 263
Location : Vancouver Island
Registration date : 2012-11-14
Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
posted in wrong thread
was moved to the VRAB thread
sorry
propat
was moved to the VRAB thread
sorry
propat
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Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
OK time to shut down as I am repeating myself in another post.
prawnstar- CSAT Member
- Number of posts : 296
Location : on an island
Registration date : 2012-09-20
Re: is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
Who hires these clowns in the first place? Is it strictly a you scratch my back I'll scratch yours? Years ago I was before a board in Toronto and I had an advocate that was useless. I did my own defence. I use this word because it felt like I was on trial being judged by some incompetent people with fancy expensive suits. Luckily I had my wits about me not like now since my ptsd surfaced. I feel sorry for the soldiers that have to go through the BS. VAC actually worsens many of their conditions.
prawnstar- CSAT Member
- Number of posts : 296
Location : on an island
Registration date : 2012-09-20
is VRAB prejudice against PTSD clients ore are they simply taking advantage of them????
talked to a guy yesterday who told me about his VRAB experience and its kinda peeing me off.he like myself 20 years Cpl infantry allways in a fighting position never posted to a school ore range controle ore any other such thing just wanted to do the job. you know the type a litte rough around the edges the last guy you would want to be with at a fancy social function (exept me I think it would be priceless) but given a choice the first guy you would want as a fire team partner.
now keep in mind he is suffering big time and he really ist that guy anymore.
I listened to his story read his notes and read his refusal letter.
he was asking to have his 2/5 of 10% of hearing loss changed to 5/5 . his audiologist has a crap load of experience with DVA and knows their criteria perfectly. after testing and reading his medical history wrote a great report showing no hearing loss prior to service and none in all the years since service ended . she also showed by their own criteria this was service related and deserving of no less than 4/5 .
they acknowledged the report then ignored it . the guy lost a few years of memory including the tome of his release when he did his final hearing test and did the back to work program twice one day each time . this is what they focused on not the 20 years less two days just the two days of back to work witch was prior to his final medical.asking him questions like was it in a sawmill were you exposed to loud noises at this time were you running chainsaws at this time. they had his records and knew very well he could not answer these question.
the reason they gave for the refusal was because of his condition he was unable to assist them in verifying his claim.
IE; they refused his claim on his hearing loss because he has PTSD!!!!!!!!!!!
they also ignored the medical evidence ta boot.
my opinion is that these VRAB members need to be fired as they are prejudice against PTSD clients and a full investigation needs to be done on all VRAB members to insure this is not an isolated incident but a systematic one.
your thoughts???????
propat
now keep in mind he is suffering big time and he really ist that guy anymore.
I listened to his story read his notes and read his refusal letter.
he was asking to have his 2/5 of 10% of hearing loss changed to 5/5 . his audiologist has a crap load of experience with DVA and knows their criteria perfectly. after testing and reading his medical history wrote a great report showing no hearing loss prior to service and none in all the years since service ended . she also showed by their own criteria this was service related and deserving of no less than 4/5 .
they acknowledged the report then ignored it . the guy lost a few years of memory including the tome of his release when he did his final hearing test and did the back to work program twice one day each time . this is what they focused on not the 20 years less two days just the two days of back to work witch was prior to his final medical.asking him questions like was it in a sawmill were you exposed to loud noises at this time were you running chainsaws at this time. they had his records and knew very well he could not answer these question.
the reason they gave for the refusal was because of his condition he was unable to assist them in verifying his claim.
IE; they refused his claim on his hearing loss because he has PTSD!!!!!!!!!!!
they also ignored the medical evidence ta boot.
my opinion is that these VRAB members need to be fired as they are prejudice against PTSD clients and a full investigation needs to be done on all VRAB members to insure this is not an isolated incident but a systematic one.
your thoughts???????
propat
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