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Re: Old claim new review

Post by bigrex on Sun 12 Aug 2018, 20:30

No, it's based on the level of disability now, when approved, Because even if it had been approved at 5% years ago, you are always entitled for a reassessment any time the condition worsens, and have the pension increased appropriately .
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Re: Old claim new review

Post by Artie Simm on Sun 12 Aug 2018, 11:53

bigrex wrote:well, if it's approved at 20%, one of two things will happen. You will either be granted a LSA of around $72000, or granted a pension under the Pension Act, of $698/mo, for a married pensioner, with up to 3 years in back pay. No one can say what will definitely happen, because VAC seems to treat legislation more like guidelines, than laws, and will bend them in ways to either suit them, or sometimes, even benefit a Veteran.
thx,20% is just a number l threw out there my main point is my injury has grown in the decades since l left the service,how does VAC,view that,so they turn back the clock and say " were not pentioning you for that amount, you were not that banged up the day you retired/put in your original claim
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Re: Old claim new review

Post by bigrex on Sun 12 Aug 2018, 06:47

well, if it's approved at 20%, one of two things will happen. You will either be granted a LSA of around $72000, or granted a pension under the Pension Act, of $698/mo, for a married pensioner, with up to 3 years in back pay. No one can say what will definitely happen, because VAC seems to treat legislation more like guidelines, than laws, and will bend them in ways to either suit them, or sometimes, even benefit a Veteran.
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Re: Old claim new review

Post by Artie Simm on Sat 11 Aug 2018, 16:55

bigrex wrote:Yes, if it's a claimed condition, that had initially applied for, under the Pension Act, it will get a monthly pension, if it is resubmitted after 2006. But it has to be the same diagnosis. I had a claim in under the PA, for lumbar OA, but someone at VAC changed it to mechanical lower back pain, but was denied, because they said they didn't think I was suffering from a disability. But a few years later when a CT scan showed major soft tissue damage, and spinal stenosis, I was told that I had to resubmit a new claim using degenerative disk disease, instead of appealing that earlier claim. So even though it was still the same lumbar spine disability, they gave me a LSA, because of the words on a piece of paper.
l find the whole process so slimy, when l got out l didnt even own a computer, never filed a claim in my life,all l knew was that l had an prolonged injury my whole career.to be honest l dont even know if l filled out forms I may have just submitted a hand written note.VAC didnt like my explanation, wrong wording,wrong claim form whatever,so l was awarded 0,


Last edited by Artie Simm on Sat 18 Aug 2018, 00:32; edited 2 times in total
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Re: Old claim new review

Post by bigrex on Sat 11 Aug 2018, 16:25

Yes, if it's a claimed condition, that had initially applied for, under the Pension Act, it will get a monthly pension, if it is resubmitted after 2006. But it has to be the same diagnosis. I had a claim in under the PA, for lumbar OA, but someone at VAC changed it to mechanical lower back pain, but was denied, because they said they didn't think I was suffering from a disability. But a few years later when a CT scan showed major soft tissue damage, and spinal stenosis, I was told that I had to resubmit a new claim using degenerative disk disease, instead of appealing that earlier claim. So even though it was still the same lumbar spine disability, they gave me a LSA, because of the words on a piece of paper.
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Re: Old claim new review

Post by pinger on Sat 11 Aug 2018, 15:39

Happened to me to also Iceman.

My circa 2014 VAC application printout read a disability award scratch

But when it was approved, I didn't get a lump DA.
It bumped up my old PA % instead.

Was very Very Happy , but what can of worms.
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Re: Old claim new review

Post by Artie Simm on Fri 10 Aug 2018, 12:35

bigrex wrote:They would use the new Table of Disabilities to determine the level of disability. The old ToD were too broad, and open to interpretation, merely stating a minimum percentage, or a range of assessment. For example, if you could not bend you knee past 90 degrees, the old table only listed a minimum of 15%, So most Veterans would get the 15%, but if the adjudicator knew the Veteran, or a family member, they could give them any amount they wanted.
so a decision made under the old evaluation results in 0 , they changed how assessments were made,so if my injury was said to be 6% l would now start getting a monthly income because the injury was before 2006.plus back pay of 6% going back 2 years , correct?
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Re: Old claim new review

Post by bigrex on Fri 10 Aug 2018, 10:53

They would use the new Table of Disabilities to determine the level of disability. The old ToD were too broad, and open to interpretation, merely stating a minimum percentage, or a range of assessment. For example, if you could not bend you knee past 90 degrees, the old table only listed a minimum of 15%, So most Veterans would get the 15%, but if the adjudicator knew the Veteran, or a family member, they could give them any amount they wanted.
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Re: Old claim new review

Post by BinRat on Thu 09 Aug 2018, 21:53

Hmm well here is the Duel Disability Policy Document..
http://www.veterans.gc.ca/eng/about-us/policy/document/887

"Adjudication

   In specific circumstances, applications submitted for disability awards after the coming into force of the Veterans Well-being Act must be re-directed to the Pension Act.
   If after the coming into force of the Veterans Well-being Act, a new claim is submitted for the same disability (i.e., the same medical condition or a different medical condition resulting in the same disability) which has been the subject of an application for pension under the Pension Act and the Minister (or the Canadian Pension Commission) has rendered a decision in respect of that application, the Department will invoke the provisions of section 56 of the Veterans Well-being Act and the claim will be re-directed to the Pension Act for adjudication.
   Once under the authority of the Pension Act, the specifics of the new claim will be reviewed and the case will be adjudicated accordingly as follows:
       If the evidence presented in the new claim supports a Departmental Review, the application will be dealt with as a Departmental Review and the effective date will be determined in accordance with Departmental Review provisions;
       If the evidence presented in the new claim does not support a Departmental Review, the claim will be adjudicated as a "first decision" and the effective date will be established in accordance with subsection 39(1) of the Pension Act; or
       If it is determined that the original application has been the subject of a decision of the Veterans Review and Appeal Board (VRAB), the Department will have no jurisdiction on the new application and as such, the claim will be referred to the VRAB for consideration."

But Yes the % doesn't determine if it is under the Old PA or NVC or WBA

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Re: Old claim new review

Post by Artie Simm on Thu 09 Aug 2018, 00:34

BinRat wrote:Actually under the Old PA, VAC could only go back 3 year's, tho in some special cases, where you can prove that it took longer to get information that was beyond your control
they could grant an additional 2 year's so all in all it could go back 5 year's.

Mine went 3 year's, then I was awarded 10 months and 9 days additional for things I had no control on getting the information
but the % itself does not matter or effect things,let's say it was 5% what charts do they use to determine payment,old or new?
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Re: Old claim new review

Post by BinRat on Wed 08 Aug 2018, 22:42

Actually under the Old PA, VAC could only go back 3 year's, tho in some special cases, where you can prove that it took longer to get information that was beyond your control
they could grant an additional 2 year's so all in all it could go back 5 year's.

Mine went 3 year's, then I was awarded 10 months and 9 days additional for things I had no control on getting the information

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Re: Old claim new review

Post by Artie Simm on Wed 08 Aug 2018, 19:13

Iceman wrote:i had this happen to me.

i had a claim from 92 that was denied.
a few years ago (post NVC) , i put in a new claim for the old issue with some other claims.
they granted me a percent this time for that injury, and realizing it was the same as the prior claim, so changed it to PA pension instead an NVC payout.
pa pensions are backdated to the initial application date or 2 years prior to the decision date, the greater of.

So it was back paid 2 years from the decision.  (would have been nice if it was backdated to 92)

the other decisions were post NVC, so those were still paid out under the NVC charter
so if I'm reading you right,no matter how many years have passed VAC only credits you 2 years back pay.my second question,what was your percentage does above or below 5 % have an effect?
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Re: Old claim new review

Post by Iceman on Wed 08 Aug 2018, 17:14

i had this happen to me.

i had a claim from 92 that was denied.
a few years ago (post NVC) , i put in a new claim for the old issue with some other claims.
they granted me a percent this time for that injury, and realizing it was the same as the prior claim, so changed it to PA pension instead an NVC payout.
pa pensions are backdated to the initial application date or 2 years prior to the decision date, the greater of.

So it was back paid 2 years from the decision. (would have been nice if it was backdated to 92)

the other decisions were post NVC, so those were still paid out under the NVC charter

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Old claim new review

Post by Artie Simm on Wed 08 Aug 2018, 10:13

What happens if you submitted a disability claim in say,2003,but VAC decided against you,but now today through the veterans lawyer group,VAC reassess it at a %. What happens about all the dead time between then and now,inconsequential? And how do percentages work,my understanding is that because it was before 2006 l would be entitled to a monthly income,unless that % is 5 or lower is that correct?
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