Re: Pensionable injuries vs nvc

by puddleduk2 Tue 11 Dec 2018, 20:39

called VAC, they pointed me in the same direction, to the BPA, called BPA, they gave me two choices on how to proceed, have the condition re assessed, or apply to have the fifths amended,

i went with choice two as the condition is stable but not going away, i see my doctor and a specialist, between them and home care it isnt getting worse, they are sending out paperwork to initiate the process.

thank you as well Artie Simm

by Guest Tue 11 Dec 2018, 08:48

puddleduk2 wrote:didnt sleep well,

what do i reference for appeal on the 2% and fifths?

i did a search on the VAC site this am, probably didnt type in a specific enough search string as nothing of what was referenced came up

if i could reference something of the fifths (0/5,1/5....5/5) it would make my explantion of what the call (to VAC) be more productive

you should go on myvac account and or phone the bureau of pension advocates ( BPA) , they should be able to tell you if you have a case or not, but in a denied claim you have to provide some form of “ new” evidence for them to reopen it

by puddleduk2 Tue 11 Dec 2018, 06:40

didnt sleep well,

what do i reference for appeal on the 2% and fifths?

i did a search on the VAC site this am, probably didnt type in a specific enough search string as nothing of what was referenced came up

if i could reference something of the fifths (0/5,1/5....5/5) it would make my explantion of what the call (to VAC) be more productive

by puddleduk2 Mon 10 Dec 2018, 22:00

Thank you both for the help,

I will make a call to ask the general help VAC call line as to approaching changes to the 2% figure, i do not not have a Case Manager and do not look forward to another from past experience.

it has been at least 6-7 years since an appt with a VAC doctor to see about updating the 2%, no change then as to the percentage or the fifths.

I had originally commented about the 2% as i had read below of a payout on amounts below the 5% threshold and had been told more than a decade ago that i would never see anything of it.

by **bigrex** Mon 10 Dec 2018, 11:46

well, for one thing, you could appeal the claim, on the skin condition, because it sounds like you were given 1/5 of a 10% assessment. They have just changed the rules, so the minimum entitlement is 4/5, which would increase you to 8%, which would be be paid out as a 10% pension, under the PA

by Guest Mon 10 Dec 2018, 10:11

puddleduk2 wrote:original claim subject doesnt factor into my percentage(%), original claim was for skin problems if it does,

VAC didnt take into account work environment or the conditions and time in those two combined as having contributing to my skin issues, they figured being in the field, working with or being soaked in POL products, sometimes in the same clothes (3 changes of combats) for extended periods as having no influence on my skin,

i was given 10% as on the charts, then reduced to 2% (as i remember), as i am over 5% in total under the PA, the 2% given for my skin pays nothing, its like a freebie under the PA,

there other conditions were also being adjudicated on so as they were all adjudicated on around the same time the end result was over 5%,

other conditions were started on the path, but gave up as i moved and didnt have a doctor or any specialists for what was being asked for,

the other conditions are noted on my file, and can be opened up to finish them up under the PA, but I don't have the mental capacity anymore for following them through

I'm sorry, but I am not understanding what it is your liking for.

You can have someone act on your behalf to do the paperwork if you feel to burned out to deal with it. It can be your spouse or anyone you trust.

by puddleduk2 Sun 09 Dec 2018, 18:51

original claim subject doesnt factor into my percentage(%), original claim was for skin problems if it does,

VAC didnt take into account work environment or the conditions and time in those two combined as having contributing to my skin issues, they figured being in the field, working with or being soaked in POL products, sometimes in the same clothes (3 changes of combats) for extended periods as having no influence on my skin,

i was given 10% as on the charts, then reduced to 2% (as i remember), as i am over 5% in total under the PA, the 2% given for my skin pays nothing, its like a freebie under the PA,

there other conditions were also being adjudicated on so as they were all adjudicated on around the same time the end result was over 5%,

other conditions were started on the path, but gave up as i moved and didnt have a doctor or any specialists for what was being asked for,

the other conditions are noted on my file, and can be opened up to finish them up under the PA, but I don't have the mental capacity anymore for following them through

by Guest Sun 09 Dec 2018, 16:54

puddleduk2 wrote:I am at a % which includes a 2% amount, and am not paid it under the PA,

the explaination given by VAC, is due to being assessed at (a scale starting at zero ) more than 5% in total combined.

If i was assessed however at under 5% with no further claims on the PA i would have been paid the 2%, but

as my claim was more than, it has never been paid as either a Monthly amount or paid out in whole (lump sum) on assessment.

This surplus claim of 2% (non paid, but acknowledged) claim for VAC under the PA will remain as such unless i challenge the assessment.

I also noted some were commenting on challenging PA assessments which are grandfathered, you can go up on their scale, not down.

very similiar to NVC claims arising after 2006, if your conditions were to improve they do not send a letter saying you have to pay back a prior decision as, for example your prosthetic limb gives you similiar mobilty as a physical leg...

What's your original claim about son?

by puddleduk2 Sun 09 Dec 2018, 09:15

I am at a % which includes a 2% amount, and am not paid it under the PA,

the explaination given by VAC, is due to being assessed at (a scale starting at zero ) more than 5% in total combined.

If i was assessed however at under 5% with no further claims on the PA i would have been paid the 2%, but

as my claim was more than, it has never been paid as either a Monthly amount or paid out in whole (lump sum) on assessment.

This surplus claim of 2% (non paid, but acknowledged) claim for VAC under the PA will remain as such unless i challenge the assessment.

I also noted some were commenting on challenging PA assessments which are grandfathered, you can go up on their scale, not down.

very similiar to NVC claims arising after 2006, if your conditions were to improve they do not send a letter saying you have to pay back a prior decision as, for example your prosthetic limb gives you similiar mobilty as a physical leg...

by BinRat Sat 08 Dec 2018, 13:43

Nemo wrote:
Alpha277 wrote:If you currently receive a disability pension and your condition gets better, are you required to notify VAC and if so will they lower your monthly amount?

What I do know pertains to the Pension Act and not NVC. I am not sure if you have to tell VAC if you improve but they can reassess you whenever they want to and reduce or increase your disability pension or leave it the same. However once you reach age 55 they will never reduce your disability pension even if you underwent a cure.

https://laws-lois.justice.gc.ca/eng/acts/p-6/FullText.html

Limitation on reduction
Section 35
(2.1) Where a member of the forces has attained the age of fifty-five years and the assessment of the extent of a disability of the member has remained unchanged for a period of three years or more, no reduction in the assessment of the extent of that disability shall be made.

by Alpha277 Sat 08 Dec 2018, 10:48

Thanks guys, I recently underwent a surgery and am unsure what to do with VAC for an old condition.

by Guest Sat 08 Dec 2018, 08:45

Alpha277 wrote:If you currently receive a disability pension and your condition gets better, are you required to notify VAC and if so will they lower your monthly amount?

Alpha,

You may find the answer you are looking for here: https://laws-lois.justice.gc.ca/eng/acts/p-6/FullText.html

I tried to find it for you, but as usual the information is complex and confusing and I can't pinpoint the info you specifically need, but I think its in the link above.

by **Nemo** Sat 08 Dec 2018, 02:38

Alpha277 wrote:If you currently receive a disability pension and your condition gets better, are you required to notify VAC and if so will they lower your monthly amount?

What I do know pertains to the Pension Act and not NVC. I am not sure if you have to tell VAC if you improve but they can reassess you whenever they want to and reduce or increase your disability pension or leave it the same. However once you reach age 55 they will never reduce your disability pension even if you underwent a cure.

by Alpha277 Fri 07 Dec 2018, 22:39

If you currently receive a disability pension and your condition gets better, are you required to notify VAC and if so will they lower your monthly amount?

by umbrella001 Tue 06 Nov 2018, 13:35

Has anyone else had an issue like this arise??? I am still trying to sort this out...VAC has denied the reassessment for the condition and I am at a loss as to how to proceed to get the final 5 % paid out.

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