INTERESTING VRAB DECISION

"Thank you for your message. I would be happy to assist you with
a review of your Hearing Loss claim.

In order to have the new policy applied to your claim, I will
require an updated audiogram to submit with your claim. If you
have had an audiogram completed since your application was approved
in 2016, please have your hearing clinic forward a copy of the
audiogram by fax to our office at (204) 983-8682. If you have
not had an audiogram since that time, please arrange to get another
one completed and have the results forwarded to our office.

Upon receipt of your updated audiogram, this office will prepare
a Departmental Review of your hearing loss claim in relation
to the new VAC policy."

bigrex wrote:Proving a link to military service, for some of these lesser medical conditions, like IBS or Bruxism, without a diagnosis of a larger underlying medical condition, like PTSD, is different than proving how severe the condition is. You could have a case of IBS that has you sitting on the toilet every hour, and not be able to prove how it links to military service. But because it is a known side effect of PTSD, it can be approved as a consequential condition.

so when a vet wants to inquire about the hold up on a disability claim, that is now at the 20 week mark or longer on a supposed 16 week time frame, where do you begin. Do you call/myvacaccount your Cm.? And if so what can they do for you.? Or are you supposed to start the inquiry somewhere else, with someone in more authority?

Newfie wrote:I was granted a consequential claim for IBS of 20% on my first application. PTSD was listed as aggravating factor as I receive Disability pension for PTSD. I was surprised that it was 20%. My Physician report was very detailed right down to how many pull up underwear and medication use and their side effects.

not to pry but can you tell me/us what year this was? Did the 20% come as a lump or a monthly payment,would 20% be considered 5/5 consequential? Do you know your % of PTSD , was the " high" ratio of IBS related to the high or low % of your PTSD, or do you think the 20% was based solely on good documentation? If all of this is too private you can just not answer, but if you feel like telling me these answers but not in an open forum, feel free to PM me,thx

I was granted a consequential claim for IBS of 20% on my first application. PTSD was listed as aggravating factor as I receive Disability pension for PTSD. I was surprised that it was 20%. My Physician report was very detailed right down to how many pull up underwear and medication use and their side effects.

Proving a link to military service, for some of these lesser medical conditions, like IBS or Bruxism, without a diagnosis of a larger underlying medical condition, like PTSD, is different than proving how severe the condition is. You could have a case of IBS that has you sitting on the toilet every hour, and not be able to prove how it links to military service. But because it is a known side effect of PTSD, it can be approved as a consequential condition.

bigrex wrote:They would use the corresponding table, for that disability. Being a consequential claim, only provides the required link to military service. Then VAC would use the table of disabilities to assess the severity of the disability, based on reported symptoms. You could get a 4/5 entitlement on a consequential claim, and still get next to nothing, if they feel the condition is very mild. Like with IBS, even with a confirmed diagnosis, if you do not require a special diet and/or medication for it, the assessment is 0%.


http://www.veterans.gc.ca/eng/services/after-injury/disability-benefits/benefits-determined/table-of-disabilities

a friend of mine told me his cm told him that Vac has never granted a claim of ibs on its own merit, it always had to be consequential of something else

They would use the corresponding table, for that disability. Being a consequential claim, only provides the required link to military service. Then VAC would use the table of disabilities to assess the severity of the disability, based on reported symptoms. You could get a 4/5 entitlement on a consequential claim, and still get next to nothing, if they feel the condition is very mild. Like with IBS, even with a confirmed diagnosis, if you do not require a special diet and/or medication for it, the assessment is 0%.


http://www.veterans.gc.ca/eng/services/after-injury/disability-benefits/benefits-determined/table-of-disabilities

bigrex wrote:No. A consequential disability's overall assessment would be based on their own table of disability. If the absolute maximum of a specific condition is 15%. then a partial entitlent could only be 12%

thx. So are there separate charts depending on whether the disability is a primary or secondary condition..? Ie , if a person already had a claim granted at PTSD at say 40% disability, and then developed IBS because of the PTSD and submitted a consequential claim, does VAC go to a consequential claim chart for tha5 injury, as you said topping out at say 15% , vs, what if a vet had no PTSD but submitted a claim for IBS, would VAC assess it on a 1 to 100% disability chart as it is a primary disability.?

No. A consequential disability's overall assessment would be based on their own table of disability. If the absolute maximum of a specific condition is 15%. then a partial entitlent could only be 12%

By the Bay wrote:I reached out to BPA via my account to ask this question because there has been too many rumours that the new Entitlement Policy changes only applies to Hearing Loss/Tinnitus. 




Dear BPA Avocate, 
I have a question regarding the policy changed by VAC that
has resulted in a more generous approach to rewarding entitlements.
I was wondering if this new 'generous approach' to rewarding
entitlement of partial entitlements of 4/5th and full entitlements
of 5/5th is applied to all service related injuries such as PTSD
or is it just applied to the recent updated Hearing Loss/ Tinnitus policy? 




Dear xxx xxxxxxx, 


The new policy applies to ALL service related conditions.


Please forward any other questions you might have, or call me at
(902) 566-6951.


Kind Regards, 

so to understand this, if a person has PTSD at 55%, and developed a secondary condition awarded st 4/ 5 that would equate to 44% on the lump sum chart ? I never understand this

Newfie, you are correct the legion article talks about hearing loss but the new policy covers all service related conditions.

Changes to hearing-loss disability benefits
September 7, 2018 by Legion Magazine


If you are in receipt of partial entitlement (1/5, 2/5, 3/5 or 4/5) for hearing loss, you should contact a Royal Canadian Legion command service officer to review your file. Why?

Because on Feb. 23, 2018, Veterans Affairs Canada promulgated a new partial entitlement policy. The new policy provides guidance in awarding partial or full disability entitlement benefits for:

• Disabilities arising from both service-related and non-service-related injury or disease (causation);

• Disabilities arising from non-service-related injury or disease that was aggravated by service (aggravation); and

• Disabilities arising from a consequential relationship (consequential).

Where it is determined that hearing loss was documented during service, or at the time of discharge, and/or service is reasonably found to be the initiating factor causing the current hearing-loss disability, then full entitlement to disability benefits may be awarded.

If the first injury/event factor to cause a hearing loss is service-related, then causation is considered and full entitlement is awarded. There would be no need to consider other possible contributing factors.

Prior to Feb. 23, partial entitlement was awarded where the disability was the result of both service and non-service-related factors. When it is discovered that partial entitlement has been granted for causation, the department will initiate a departmental review on the minister’s own motion and provide full entitlement.

In cases where entitlement was granted by the Veterans Review and Appeal Board, the department does not have the jurisdiction to do a departmental review unless the case has been referred back to Veterans Affairs Canada.

Members or veterans in receipt of partial entitlement for a hearing-loss disability can contact a command service officer to review their file by calling 613-591-3335 or toll-free at 1-877-534-4666 to speak with a service officer. They can also e-mail veteransservices@legion.ca or visit the website www.legion.ca to contact a local command service officer.




https://legionmagazine.com/en/2018/09/changes-to-hearing-loss-disability-benefits/






Cheers

I think there is a write up wrt partial entitlements in the last Legion magazine. I recall reading something about partial entitlements. Sorry I no longer has the magazine.

yes, because it is proof that it doesn't matter if it's the Pension Act, or the NVC, or when the appeal was filed. I just wish they didn't force everyone to get the increase through the appeal process though, because it just causes unnecessary red tape, delays and stress.

WOW very interesting indeed . thank you very much for this airlog great find buds this will help a lot of people .

you rock buds.

propat