REFERENDUM TO KEEP OR REMOVE VRAB

I currently have a special reconsideration pending, but was told that it is low priority, so could take several years. I don't have any new evidence, my request is because in the denial letter they claimed I had per-existing injuries and accidents, which limited my claim to 2/5ths, but they did not list any evidence, such as accident reports or medicals. They also questioned how my Dr came up with her own assessment of 3/5th, but again failed to state what exactly they had a problem with, or provide contradictory evidence or medical opinion.

Or at the appeal level , my memory is very poor.

It might have been for a reassessment. So at the departmental level.

Hey Firebird..

Ya I have been fighting VAC since 93, and will be forever a pain in my Butt...
But I do have one question though, your reconsideration that you had done with the new medical evidence that was available but not submitted, that reconsideration though was done by VRAB though right.

Just like you can ask for a reconsideration if there was an err in fact or law with VRAB, though it goes back to the same people
who did the initial 2nd level Appeal, and not by a different panel. As said here

What can I do if I am not satisfied with an Appeal decision?
Decisions of an Appeal panel are final and binding. That said, an Appeal decision may be reconsidered if it is found to contain an error of fact or law, or new evidence comes to light at a later date. If you are still not satisfied, you should contact your representative to discuss other options available to you.

Which is where the controversy would come in if you think of it, because As we all know VRAB states that VRAB decision is Final and binding something, which means screw you no one can change our decision.
Except as Sean has pointed out, Wrong, your file can again get sent to Veterans Affairs side, and the decision can be changed by the Minister
But VRAB will fight tooth and nail NOT to loose control of the File so their decision is final.
But this is an option to people though they don't tell you this, and or how to go about it, to get your file again sent back to the Minister.

I know about the reconsideration because I have done a reconsideration. I was told by Veterans Affairs. As I have mentioned before I have been fighting Veterans Affairs for 14 years , still fighting currently for PIA , to get what they say I am entitled to. I have submitted claims , done departmental reviews , first level appeals , second level appeals , reassessments and one reconsideration. The reconsideration was done when more medical evidence was available but not submitted with the documents before a decision was made so a reconsideration was requested after the decision to look at the new evidence.

Howdy Howdy..

So how many people can remember reading this Blog / Story From Sean Bruyea Back in 2012

http://www.seanbruyea.com/2012/01/just-one-more-reason-for-a-commission-of-inquiry-into-veterans%E2%80%99-issues/

What is so troubling about the Dornan case is that legislation governing both the board and the Department of Veterans Affairs Canada clearly state that “reconsideration” by the minister is an avenue open to applicants. However, VRAB has repeatedly failed to advertise this option or provide clear criteria as to how an applicant might exercise the option in sending a file back to the minister. The reality is that the board feels they have “control” over the file and that the “minister loses jurisdiction and cannot regain it unless the board so directs” as written by the previous chair Victor Marchand in correspondence to a veteran attempting to seek a reconsideration.

“That’s just stupid and undemocratic. What right do they think they have that they can own a veteran’s life and refuse to send it to the Minister? Does the Board work for the Minister or the Minister for the Board? The Board certainly doesn’t work for the veteran,” says Perry Gray, chief editor of VeteranVoice.info, a veteran community with more than 100,000 subscribers. “People in VRAB do not even know what they can and can’t do. They just make it up as they go along. It really is quite ridiculous.”

So how many people know they can get their file back to VAC for reconsideration, and if ya do spill the beans on what the process is, Oh wait, I think 99.5%
of use didn't know this, as mentioned they don't advertise, tell you that you can, or it's an option open to you.

I am reminded of a word. "Arms-length" It ain't the same as completely independent, unbiased, and 3rd party in my book. Kinda like a private lawyer would be if I went that route.
At least I would trust his true motivation a little bit more...

jmo pinger.

I have won everyone of my appeals and there has been many , through the Veterans Affairs lawyers if that is what you are referring to here , so keep. What I think is wrong about the whole thing is that Veterans Affairs ( Lawyers ) fight against Veterans Affairs , it is a very bad system for Veterans when the very system has lawyers to represent Veterans with their claim decisions as it is an indication that many decisions are no.

thanks trooper.

propat

Who polices the police?? An independent office!

That is what we need......Like Trooper said......VRAB has helped some.......but at what cost? Meaning how many have they shot down and denied!

Currently VRAB is untouchable and answers to no one, frig the Federal Court cannot even dictate but can only recommend!! how wrong is that. VAC is not always right, they miss evidence, conveniently miss the casual link, neglect to use qualified medical expertise and too often fail to apply the benefit of doubt liberally.

We need someone to "police" VAC.....just not VRAB....they are paid by the government to save the government money and that is what they will continue to do.

Riddick

Welcome back propat !

Canada disability !!!!!!! need I say more ???????

the right system is already in place . why cant we use it ??

propat

Apsolutely no military involved what so ever bigrex, no judges just mediators ie social worker, RN'S or volunteer board members every non profit organization has a board like this. and nobody own's them completely non bias.

Personally, I vote to abolish it completely, and have all appeals heard by a federal judge, who would look at all the evidence and arguments from both sides. becuase right now, VRAB are acting as the defense lawyers and the judge rolled into one. IF they refuse to get rid of VRAB, what should happen, and I've said it before, is have three board member at every hearing. Have a senior NCO (MWO/CPO2) from the claimants element, this can be a three year posting, for say up to three from each element. then have a pool of specialists, that they can use, so that there is a medical professional that deals with the claimed disability. IE a Psychiatrist/Psychologist if the claim is for PTSD, or a orthopedic surgeon if the Veteran is claiming about a back injury, etc. Or at least a GP, so that the board isn't getting their entire medical knowledge from Mercks. And finally the third member should be a social worker, that understands the social and family impact that a disability has. No more businessmen and lawyers, because they are not qualified to tell a Veteran whether or not they are suffering, or what can reasonably be expected from someone who has sustained an injury.

Regardless of what happens, Veterans need some recourse to argue against unfavorable decisions

I say remove, but remove it physically from the same bldg. Being close to DVA here, I am not sure if everyone is aware that DVA, VRAB, and BPA all share the same building. I truely think there is something wrong with that picture. No rep from these depts should be able to walk down the hall, or down the stairs and compare notes on the first decision. Am I wrong or off base on this one? At least put them in another bldg, or province for that matter..just my thought.VVV...