Re: Diminished Earning Capacity (DEC)

by rabbit1 Wed 03 Jul 2019, 00:59

i just looked at my vac account. it was showing my income replacement benifit, but now it doesnt show up at all. on the list of completed forms?. they were talking about a DEC, now but i am wondering about everything now seeing i get a additional pain and suffering benefit. vocational and occupational all have said not to work only volunteer work, sometimes. wondering what is going on now?

by **bigrex** Thu 20 Jun 2019, 10:54

Yes, unfortunately, when the legislation was first made public, it included transitional policies, that explained how outstanding claims would be handled when the new legislation came into force. These have since been removed

by derngt Wed 19 Jun 2019, 18:13

Unknown Soldier wrote:
Justagrrl wrote:
Ppclicaper wrote:As I understand it prior apr 1 2019 . You are back dated to the date CIAS application went in .. a DEC decision is required prior to or during the application process as it is a determining factor. If you had been already receiving CIA prior to the DEC decision .. you will need to apply for a CIA review / reassessment. CIA level 2 is not guaranteed on a DEC designation as there are other factors. The backdate in CIA level would be to the date you requested a review. This is my take on it.. But I would wait for one of the Big forum guys to give their take on it.

What would be some examples of "other factors" in order to receive Level 2? Thanks in advance.

Have a good weekend...

they are the same as Level 1 only more severe

How many years did you serve

by derngt Wed 19 Jun 2019, 17:59

AirLog wrote:Thanks By the Bay, I submitted a review of my CIA grade level early March as suggested by me Guidance Counsellor. She indicated to me that it would be a very good idea to request one. Especially after having been approved DEC. I read in the new policy that a review is grandfathered if submitted before April 1st and that the review would take into consideration both policies and give the veteran the benefit of the doubt in accessing either policy during the review. This is good for me as I have served 33.5 years. Under the new policy, based on being DEC and a recent visit by a Field Nurse where I was approved CRB, I believe that I would have a better chance of being approved Grade 2 than under the old policy. I should know the results of my review as it as been just over 12 weeks since I submitted my request. I will let you know the outcome.

AirLog

by AirLog Sat 08 Jun 2019, 18:55

Thanks By the Bay, I submitted a review of my CIA grade level early March as suggested by me Guidance Counsellor. She indicated to me that it would be a very good idea to request one. Especially after having been approved DEC. I read in the new policy that a review is grandfathered if submitted before April 1st and that the review would take into consideration both policies and give the veteran the benefit of the doubt in accessing either policy during the review. This is good for me as I have served 33.5 years. Under the new policy, based on being DEC and a recent visit by a Field Nurse where I was approved CRB, I believe that I would have a better chance of being approved Grade 2 than under the old policy. I should know the results of my review as it as been just over 12 weeks since I submitted my request. I will let you know the outcome.

AirLog

by By the Bay Sat 08 Jun 2019, 17:24

Justagrrl wrote:@By The Bay: Thank you for your help in explaining. Your assistance makes navigating these things much easier.

Enjoy the rest of your weekend.

You're welcome Razz

Cheers,
By the Bay

by By the Bay Sat 08 Jun 2019, 17:22

AirLog wrote:Hi By the Bay, How does this apply now that the years of service have been removed? I have requested a review of my CIA Grade Level, prior to April 1st, and haven't heard back as of yet. The years of service wouldn't have applied to me as I have 33.5 years of service.

AirLog

Hi Airlog,

This is where it gets a little cloudy...if you applied for the review before April 1st, 2019, common sense would tell us that your assessment would be performed under the former CIA policy where years of service applies. However, the Service Officer (Stewart) at my Legion mentioned that one of our members received his CIA reviewed (Grade 2) approval letter submitted before April 1st. According to Steward, the veteran's review was performed under the new Additional Pain and Suffering Compensation Policy. Therefore, his years of service did not get in the way of granting him a grade 2 increase. As you know, the APSC is based on the extent and severity of your impairment. I wish the policy makers would have clarified this when writing up the documents. They mentioned that the CIA and CIAS was deemed grandfathered and protected to those who had applied before April 1, 2019. There is no mention on what policy the CIA review would fall under for those who had request their reassessment prior to APSC enactment date. Maybe Bigrex or Propat can find this information hidden in the APSC policy. They are amazing at finding a needle in a haystack.

I also inquired to the date of when our Legion Member submitted his request for CIA review just to get an idea what month of CIA Applications and Reviews VAC was working on. He told me that this veteran jumped the queue due to financial difficulties.

Cheers,
By the Bay

by Guest Sat 08 Jun 2019, 15:52

@By The Bay: Thank you for your help in explaining. Your assistance makes navigating these things much easier.

Enjoy the rest of your weekend.

Cool

by AirLog Sat 08 Jun 2019, 15:32

Hi By the Bay, How does this apply now that the years of service have been removed? I have requested a review of my CIA Grade Level, prior to April 1st, and haven't heard back as of yet. The years of service wouldn't have applied to me as I have 33.5 years of service.

AirLog

by Unknown Soldier Sat 08 Jun 2019, 15:22

By the Bay wrote:Whoopsies! I forgot to add the CIA Payment Calulations pages. I swear if my head wasn't attached to my neck, I would have lost it years ago

Cheers,
By the Bay

the thing I don’t understand is why VAC even has these 3 levels of CIA , because regardless of how many injuries you have mental or physical or what your disability % or QOL rating is, VAC will not deem a veteran to be CIA level 2 UNLESS, they have a DEC.

by By the Bay Sat 08 Jun 2019, 14:30

Whoopsies! I forgot to add the CIA Payment Calulations pages. I swear if my head wasn't attached to my neck, I would have lost it years ago Razz

Cheers,
By the Bay

Diminished Earning Capacity (DEC) 05bbb810

Diminished Earning Capacity (DEC) E2748810

Diminished Earning Capacity (DEC) 81a2aa10

Diminished Earning Capacity (DEC) 5a3e1210

Diminished Earning Capacity (DEC) 5b51df10

by By the Bay Sat 08 Jun 2019, 14:07

Hi Justagrrl,

Here is a copy of my CIA Grade 2 and CIAS Approval letter. It may provide you with some insight on what key evidence VAC uses when approving a grade level increase. (Please ignore the highlighted areas, I did that when I was explaining the CIA benefit to another veteran on this forum)

Forum members, if you all notice, in the first paragraph it explains that this letter has replaced the original CIA approval letter. VAC forgot to add my years of service which didn't allow for a grade level increase to a grade level 2. I noticed the error and contacted my CM who requested an emergency review. The error was corrected and my years of service added allowing for the CIA level increase. This is why it is imperative to review your decision letters and appeal any decision that VAC makes if you feel it is wrong....they make mistakes all the time especially in their Accounting Department.

I have also included the payment information for anyone who is curious on how VAC calculates the payments.

Hope this helps Very Happy

Cheers,
By the Bay

Diminished Earning Capacity (DEC) F7ef1410

Diminished Earning Capacity (DEC) 1346b510

Diminished Earning Capacity (DEC) 7d5c3f10

Diminished Earning Capacity (DEC) 1c377210

Diminished Earning Capacity (DEC) 46de0e10

Diminished Earning Capacity (DEC) 35ef8910

by Unknown Soldier Sat 08 Jun 2019, 08:36

Ppclicaper wrote:As I understand it prior apr 1 2019 . You are back dated to the date CIAS application went in .. a DEC decision is required prior to or during the application process as it is a determining factor. If you had been already receiving CIA prior to the DEC decision .. you will need to apply for a CIA review / reassessment. CIA level 2 is not guaranteed on a DEC designation as there are other factors. The backdate in CIA level would be to the date you requested a review. This is my take on it.. But I would wait for one of the Big forum guys to give their take on it.

true, but in my example let’s say the veteran does meet the criteria for level 2 , you can’t become level 2 without dec, so if vac backdated dec, would they back date a new CIA level as well, because technically had VAC granted the veteran DEC status when they should have, that veterans applications for Level 2 CIA and CIAS should have been enacted as well. I realize that having a DEC is not a guarantee of the other two, but if the veteran was eligible for all three, how would VAC deal with it, that’s my interest.

by Unknown Soldier Sat 08 Jun 2019, 08:33

Justagrrl wrote:
Ppclicaper wrote:As I understand it prior apr 1 2019 . You are back dated to the date CIAS application went in .. a DEC decision is required prior to or during the application process as it is a determining factor. If you had been already receiving CIA prior to the DEC decision .. you will need to apply for a CIA review / reassessment. CIA level 2 is not guaranteed on a DEC designation as there are other factors. The backdate in CIA level would be to the date you requested a review. This is my take on it.. But I would wait for one of the Big forum guys to give their take on it.

What would be some examples of "other factors" in order to receive Level 2? Thanks in advance.

Have a good weekend...

they are the same as Level 1 only more severe

by Guest Sat 08 Jun 2019, 06:39

Ppclicaper wrote:As I understand it prior apr 1 2019 . You are back dated to the date CIAS application went in .. a DEC decision is required prior to or during the application process as it is a determining factor. If you had been already receiving CIA prior to the DEC decision .. you will need to apply for a CIA review / reassessment. CIA level 2 is not guaranteed on a DEC designation as there are other factors. The backdate in CIA level would be to the date you requested a review. This is my take on it.. But I would wait for one of the Big forum guys to give their take on it.

What would be some examples of "other factors" in order to receive Level 2? Thanks in advance.

Have a good weekend...

Cool

by Sponsored content