Can someone explain this better for me?

Actually, under the VWB, if there is an unreasonable delay, that is outside the control of the Veteran, that kept a decision from being reached earlier, VRAB can award an additional amount, up and above the actual disability assessment, for a period of two years. as long as that amount does not exceed the actual % of the pension.

So say that VAC says that it needs a medical opinion from a specialist, to support a Veterans' disability claim, but it takes several months before even getting an appointment, and another few months before the report is sent. Then that veteran would likely be entitled to the extra award amount.

"Additional payment


(2) Despite subsection (1), if the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Board is of the opinion that, were it not for delays in securing service or other records or other administrative difficulties beyond the control of the member or veteran, pain and suffering compensation would have been granted earlier, the Minister or the Board, as the case may be, may grant an additional payment to the member or veteran in an amount not exceeding an amount equal to the pain and suffering compensation payable to the member or veteran for two years."

The legislation doesn't specify that it has to be a delay of three years, but that appears to be the time frame VAC/VRAB is using.

What it is saying is that there will be a monthly pain and suffering compensation. X% of 1150 / month. Backdated to April 1

There won’t be a lump sum disability award.

This is not my case, but I do have a case pending, in reading this decision it sounds like the board agreed that the vet has a disability but that they are not entitled to any form of settlement?......
"Given the evidence above, the Appellant meets the above Hearing Loss Guideline. Accordingly, full entitlement, or entitlement on a five-fifths basis, is merited.

In consideration of the above-mentioned factors, in drawing all inferences from the evidence favourable to the Appellant, and in weighing the evidence while resolving all doubt in favour of the Appellant, the Appeal Panel rules to grant five-fifths entitlement for hearing loss.

DECISION

The Panel grants pain and suffering compensation in the amount of five-fifths for hearing loss for Regular Force service pursuant to Section 45 of the Veterans Well-being Act.



EFFECTIVE DATE - RETROACTIVITY

As part of the “Pension for Life” amendments to the Veterans Well-being Act which came into effect on 1 April 2019, the disability award was eliminated and replaced by pain and suffering compensation. Section 177 of the Veterans Well-being Act provides that any application for review, appeal or reconsideration that is heard by the Board on or after 1 April 2019, in relation to a decision respecting a disability award, will be determined as if it had been an application for pain and suffering compensation. In such cases, the date of application for pain and suffering compensation is deemed to be 1 April 2019.

Entitlement for hearing loss is payable on 1 April 2019, or on the first day of the month that is three years before the date of this Panel’s decision, whichever date is later.

As the application for compensation was not made more than three years before this decision, there is no entitlement to an additional award under subsection 51(2) of the Veterans Well-being Act."