Entitlement

Has anyone received their Sisip ltd for October yet? I know the date is scheduled for the 22nd but i have gotten mine two days b4 the scheduled date for the last few months.

I have, and it was not good. I was told that the new policy is not considered new evidence, and they refused to increase my entitlement for degenerative disk disease from the 2/5ths that they initially granted. So Veterans who have been through the process already, are screwed, unless the government makes the entitlement increase mandatory, and not something to be decided upon by bureaucrats.

I am wondering if it is an automatic increase after the Review Board reviews a case requesting the new policy change (referencing 4/5 or 5/5)  as new evidence?
I have been reading current decisions on https://www.vrab-tacra.gc.ca/Decisions/Decisions-eng.cfm and they seem to be automatically increasing people's entitlement using the new policy as evidence.
Has anyone else been through this?

VRAB ignoring policy ya know like not ignoring medical evidence and giving benefit of a doubt and such ???? common guys!! say it aint so.

propat

I contacted BPA and they asked me to get a current audiogram and they are now in the process of asking for a departmental review of my disability. I was awarded 3/5 originally and the BPA is asking for 5/5. If they award me 4/5 I won't see any additional dollars but my percentage will go up from 23 to 27.

I swear to God, if my lawyer cancelled my hearing in May, a week before it was scheduled, because he was waiting for this policy change, forcing me to wait an extra several months, only for VRAB to completely ignore the policy anyways, I'm going to lose it.

Hello Guys,

I just finished with my Appeal Board Review the other day.

Are Lawyer was asking for 4/5 or 5/5 base on the new structure. So i think it's just started to go threw in my opinion.

She said 4/5 for Partial or 5/5 for full.

Well folks, if your looking for the VRAB to increase your entitlement due solely on the new VAC entitlement policy change of 2018 you might be in for a surprise it appears VRAB is NOT bound by this new VAC policy.


The Panel notes that Section 45 of the Veterans Well-being Act provides for an award to be made when a disabling condition "arose out of or was directly connected with" military service. Disabilities claimed from peacetime service are subject to an entitlement test, known commonly as the "Compensation Principle." Entitlement is apportioned in "fifths" (one-fifth up to five-fifths) to reflect the degree of relationship between a disability and service. When both service and non-service elements are contributing to the causation or aggravation of a disability, partial entitlement is awarded.

The Panel notes that the Department of Veterans Affairs is guided by a new policy on partial entitlement, effective 23 February 2018, which provides for four-fifths entitlement where it is determined that a disability resulted from a non-service injury that was aggravated by service. The Veterans Review and Appeal Board is not bound by this new policy and in fact, is directed by law to determine the appropriate apportionment of entitlement in fifths to reflect the degree of relationship between a disability and service.


https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii96969/2018canlii96969.html



Another Case

The Panel acknowledges the Advocate’s argument with respect to the Departmental policy on partial entitlement. The Panel also notes that, in situations involving awards for aggravation, the policy guidance and the legal direction provided in the legislation are in lockstep. Subsection 45(2) of the Veterans Well-being Act indicates that a “disability award may be paid under paragraph (1)(b) only in respect of that fraction of a disability, measured in fifths, that represents the extent to which the injury or disease was aggravated by service”. At paragraph 11, the departmental policy states that partial entitlement is awarded for that portion of the disability that was aggravated by military service, which is in keeping with the legislation regarding disability entitlement. As such, the Panel awards one-fifth entitlement as the Applicant’s existing back condition was aggravated to a minor degree by her service.


https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii96848/2018canlii96848.html





Cheers

See, they are conflating to two aspects of disability compensation, entitlement versus assessment. The policy does not deterkine or relyon the severity of the medical condition, just how much the military is willing to accept responsibility. So what happens if your hearing hasn't diminished since your claim was approved? Does that mean you are not entitled to a 4/5 of the award?

"Thank you for your message. I would be happy to assist you with
a review of your Hearing Loss claim.

In order to have the new policy applied to your claim, I will
require an updated audiogram to submit with your claim. If you
have had an audiogram completed since your application was approved
in 2016, please have your hearing clinic forward a copy of the
audiogram by fax to our office at (204) 983-8682. If you have
not had an audiogram since that time, please arrange to get another
one completed and have the results forwarded to our office.

Upon receipt of your updated audiogram, this office will prepare
a Departmental Review of your hearing loss claim in relation
to the new VAC policy."

bigrex wrote:Well, this sounds like something that the OVO and the MVA should be made aware of. If VRAB is knowingly going against VAC policy, in terms of entitlements, then there needs to be some sort of reckoning.

I agree! 
I could not find any legislation in the policy that states that VRAB has governing power over how the new policy of entitlements are decided in referance to keeping with the old 1/5th to 3/5ths rulings. 
It states 4/5 or 5/5 entitlement only. 
If OVO or MVA ignore these unfair rules, I smell another class action lawsuit in the air. 
Why does there always need to be a 3 steps forward, 10 steps back with Veterans Affairs revised or new policies? 
I think VRAB might have a Demigod complex! 

By the Bay

Well, this sounds like something that the OVO and the MVA should be made aware of. If VRAB is knowingly going against VAC policy, in terms of entitlements, then there needs to be some sort of reckoning.

This is getting confusing....

If you notice in the provided links, these Veterans were only awarded 1/5th, 2/5 or stayed at the same entitlement after the new VAC policy had been activated. These decision write ups were pulled from August and September 2018 case files. 

https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii96848/2018canlii96848.html

https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii94217/2018canlii94217.html

https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii83140/2018canlii83140.html

https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii87529/2018canlii87529.html

So I messaged BPA....
Hello, 
Would you be able to clarify if the VRAB will still use the 1/5th, 2/5th or 3/5th for granted entitlements or will VRAB adjust those appeal automatically to 4/5th or 5/5th. The reason I am asking because I have noticed that some appeals are being approved at the lower partial entitlements or staying the same entitlement even after the policy change has been activated. 
I was under the impression that 1/5th, 2/5th, and 3/5th entitlements have been phased out by VAC. 
If my Avocate is successful in obtaining a higher level of entitlement, will it be decided between the 4/5th and 5/5th or will VRAB still refer to the 1/5ths to 3/5th rating. Is it possible that VRAB could keep the entitlement amount the same and not grant an increase at all? 
Any information is greatly appreciated, 
Best Regards, 

BPA's Response.....

Hi Mrs. xxxxxxxxx, 

The VAC Department does not grant 1/5 to 3/5th anymore but we can't predict what the (VRAB) tribunal will do, although so far, with the decisions that came back, we notice they do.

Your Avocate will be asking for 4/5 or 5/5 depending on the circumstances, but of course ask for 5/5 if file's evidence allows it. 

Have a nice day, 
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Again it's not what we are being told....seems that VRAB has the power to grant the lower entitlement still. I did some perusing in the VRABs' written decision record on CANLII web site and found a few cases in August and September 2018 that were still granting 1/5th or 2/5ths decisions to veterans. 

I have been told by VAC the new entitlement policy was activated in August 2018. Therefore the September 2018 VRAB should have granted 4/5 or 5/5 if VRAB was abiding by the new changes that VAC has set in place. 
I was going to keep this under my hat, but I thought we all have the right to know how VRAB is applying the policy or not applying the policy...
This does not sit well with me. 

By the Bay

sports1977 wrote:Hello,

I just called the BPA, and had to Open it to get my entitlement changed.
I was advised that by VAC. So i guess it's a hearing again for i had 2/5th so lets see how this goes.

I just called the BPA to just now and started my claim. The lady I spoke to was nice and said that they are aware of this new policy, but have not been directed yet as to how to properly proceed, but that their advocates are working hard to find out what is going. She said they have had a lot of calls about this new policy, but they are working diligently to get everyone who calls their opportunity to start the appeal process.

Hello,

I just Called the BPA, and had to Open it to get my entitlement changed.
I was advised that by VAC. So i guess it's a hearing again for i had 2/5th so lets see how this goes.