Increased Disability Award & Retro

I'm assuming that Trudeau is making us wait until next fiscal year for the "top up" because of the massive deficit the Feds are running this year. The only thing in budget 2016 for veterans is the increase to ELB and reopening of some VAC offices.

Is April 1st when they cut the cheques?
or is it when the legislation becomes law, and we wait until they get around to doing the math and signing the cheques?

That 25% = 11k is very up in the air as well since it depends on the year the person was approved for a disability award. I will be fairly upset if I don't get very close to the difference of 310k-360k. As I received the majority of my 100% in 2015.

As for the waiting. It is making the days go by slowly. I am right there with you counting the days.

My question is why is the GOC waiting till the end of 2016 budget year end on 1sr of April. (Yes I know the government goes from 1 April (fools day) to 31 March.

Well, 207 days to go. Not like I am not counting the days off. Tap tap.

Does the 2016 Budget not fund every other department throughout the year and let them operate their budget in their own department.

In a way this feels like cruel and unreasonable to make us all just sit and hold are breaths.

At least I see they have stated for every 25% disability u will receive 11k.

Your tort comment would be a valid legal defense if the gov't decided NOT to pay it retroactive. In other words, all the tort laws mean is that the gov't couldn't be COMPELLED to pay it retroactively.

But nothing whatsoever in tort law (or any other law) prevents the gov't (or any other party) from paying retroactive payments IF THEY SO CHOOSE. And in this case, the gov't CHOSE to make the payments retroactive.

This changes nothing in terms of precedent for law. It still doesn't compell any future payments from any party to be retroactive.

1st of all, I realize this post might rub people the wrong way BUT I am a stickler for the law... ☺

Canada is not supposed to make retroactive adjustments to Lump Sum Damage awards. In Tort, there is judicial finality when the case is over. You get your money & that is it. You can't go back later, for more.

VAC is setting a dangerous precedent. Changing Tort law without debate. It is unlawful to do that.

This doesn't affect me, VAC denied my Awards. Funny thing, they said 5 medical conditions led to my medical release as they happened on duty by letter on 13NOV12 when my Rehab application was approved.

I'm disgusted they say no ELB retroactive to 06 if they approved DA to 06.

They are supposed to work together. ELB/PIA/PIAS for ECONOMIC loss & DA for pain & suffering (ref: MVA Blackburn, FEB11 in Hansard)

I would say your retro will be set at the total percentage of approval.

If your total was 20% since 2006 an there was a re-evaluation and your total has been down scaled by 5% which now changes your total to 15%.
So I'm going to guess 15% is what your retro will be set at.

If you look at the example given by DVA 15% comes out to about $6600 retro.

a person who has received a lump sum in 2010 by 20% and that had a revaluation has the 5% drop in 2014 will he be penalized during the retroactive disability compensation will be in 2017ou he will lose money that thinks because he will receive duty

Although, I would prefer to keep as much as possible out in the public, without breaching anyone's privacy, because if you have a question or concern, chances are there may be others out there that have are wondering the same thing, and possibly get the answers they are seeking.

Phase, if you have a question, and are uneasy with it being made public, them I will gladly answer any PM's you send me

Phase you can send Bigrex a PM by clicking on top (You have no new messages ) click on NEWPM top left and send your message in that way.

bigrex can you send your e-mail

That's the one we are all waiting for. I just sent a letter to my MP explaining the need for monthly pension and how far behind it leaves NVC Veterans.

No, I think you are right there. The cost of living will only be paid up to the year you received your lump. The thing some are concerned with, and have tried to get confirmation from Hehr about, is whether or not those who have been granted lump sums, will still be eligible to get the monthly pensions once they are brought in. Unfortunately, he was non committal either way.

My apologies brother, didn't mean to say no back pay, everyone should get their percentage of the top-up between whatever the baseline is over 310 and the new 360. I just don't think we're going to see backpay for the years of cost of living increases.