Re: How would anyone here interpret the Critical injury benefit policy...

by Unknown Soldier Tue 12 Mar 2024, 20:58

My argument will be that a veteran doesn't always know he's injured until a Dr confirms it. While he/she was in the injury was not visible/recognized.
Once diagnosed it was after Mar 31 2006, and then everything else about the CIB applies, which is stringent enough to meet as it is.

by **Kramer** Tue 12 Mar 2024, 12:17

Well it will.be an interesting court battle because, a veteran doesn't have an injury until a Dr. Tells them they do. Which was after Mar 31 2006., and that service related injury was then aggravated by a single sudden incident that destroyed my QOL, so well see what happens. The court always sticks to the letter of the law, and the wording of vacs policy seems open to interpretation in my mind
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If you believe you are right.....pursue it! if you believe the decision is flawed ....keep fighting! There is the Benefit of Doubt one needs to consider. I agree with you in regards of interpretation. There are numerous types of veterans that add to the confusion/eligibility ......PA veterans, VWA, PFL veterans and hybrid veterans (a veteran under 2 or more plans) etc. What information one veteran is provided is not necessarily the same as the next. Answers and information from VAC is rarely consistent....which can lead to interpretation and precedents.

Just look at the latest ongoing class action with Sean Bruyea......many times a veteran can miss out on benefits because of the information given to us from VAC personnel. If that VAC employee assisting you/us is not as well-versed/experienced as another, that adds to many variables that affect our decisions and or what we receive (or don't) in terms of benefits.

And......things/policies change/can change.

by Unknown Soldier Mon 11 Mar 2024, 23:15

Kramer wrote:
Kramer wrote:Relocated. Originally posted by Unknown Soldier

"The Critical Injury Benefit recognizes and compensates for the immediate impact of severe and traumatic service-related injuries or illnesses sustained by Canadian Armed Forces members and Veterans as a result of a sudden, single incident after March 31, 2006.Feb 14, 2024"

[size=44]I was just denied after an 8 month wait to have my application viewed. The reason for the denial stated " you were released in 2005"[/size]
[size=44]But the details of the CIB happened after apr 1 2006. Which is how l read the policy, it says " CAF or veterans" , well how can you be a Veteran and still be serving? VAC is telling me l don't qualify because CIB is only for soldiers who suffered a 1 time incident, while still in the military. That's not how I read it, anyone else?[/size]

I don't believe one can qualify for this, if the incident happened other than to a serving member? It makes sense to me, that one would initially need to be a CAF member? There are often consequential injuries that can occur afterwards/post....this is not my understanding.
The CIB policy states "March 31, 2006 (so NVC/MWA). So if you were released prior to March 31, 2006, it sounds to me, that you do not meet the criteria? But that is just my opinion. Every case needs to be assessed individually.

Well it will.be an interesting court battle because, a veteran doesn't have an injury until a Dr. Tells them they do. Which was after Mar 31 2006., and that service related injury was then aggravated by a single sudden incident that destroyed my QOL, so well see what happens. The court always sticks to the letter of the law, and the wording of vacs policy seems open to interpretation in my mind

by sgtppcli95 Mon 11 Mar 2024, 16:31

What type of review did you ask for? When did you originally apply?

by **Kramer** Mon 11 Mar 2024, 14:36

Kramer wrote:Relocated. Originally posted by Unknown Soldier

"The Critical Injury Benefit recognizes and compensates for the immediate impact of severe and traumatic service-related injuries or illnesses sustained by Canadian Armed Forces members and Veterans as a result of a sudden, single incident after March 31, 2006.Feb 14, 2024"

[size=31]I was just denied after an 8 month wait to have my application viewed. The reason for the denial stated " you were released in 2005"[/size]
[size=31]But the details of the CIB happened after apr 1 2006. Which is how l read the policy, it says " CAF or veterans" , well how can you be a Veteran and still be serving? VAC is telling me l don't qualify because CIB is only for soldiers who suffered a 1 time incident, while still in the military. That's not how I read it, anyone else?[/size]

I don't believe one can qualify for this, if the incident happened other than to a serving member? It makes sense to me, that one would initially need to be a CAF member? There are often consequential injuries that can occur afterwards/post....this is not my understanding.
The CIB policy states "March 31, 2006 (so NVC/MWA). So if you were released prior to March 31, 2006, it sounds to me, that you do not meet the criteria? But that is just my opinion. Every case needs to be assessed individually.

by **Kramer** Mon 11 Mar 2024, 14:21

Relocated. Originally posted by Unknown Soldier

"The Critical Injury Benefit recognizes and compensates for the immediate impact of severe and traumatic service-related injuries or illnesses sustained by Canadian Armed Forces members and Veterans as a result of a sudden, single incident after March 31, 2006.Feb 14, 2024"

[size=31]I was just denied after an 8 month wait to have my application viewed. The reason for the denial stated " you were released in 2005"[/size]
[size=31]But the details of the CIB happened after apr 1 2006. Which is how l read the policy, it says " CAF or veterans" , well how can you be a Veteran and still be serving? VAC is telling me l don't qualify because CIB is only for soldiers who suffered a 1 time incident, while still in the military. That's not how I read it, anyone else?[/size]

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