Entitlement

God, I am so tired of all their double speak. Two different VAC staff told me to call BPA, then another tells Binrat that they will be updating files automatically? And how they do it is going to be very important. I have one condition that is currently 4/5 of a 40% assessment under the PA, that should now be paid out at 5/5, for an additional 8%. I also have a claim under the NVC that is currently 2/5 of a 40%, so increasing that to 4/5 or 5/5, would be another 16-24%. But I'm already at 90%, so do I get that last 10% paid out under the PA, or NVC/PFL? Will I be given an option?


I hope they start letting Veterans know what the hell is going on within the department.

Thanks for posting your response and being proactive,

Well done BinRat!

Now, when will this adjustment take place?

I sent the same question to VAC through My Vac and this is the response I got back
Oh here is what I said / asked
"Morning..
I have just read a vrab decision https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii89756/2018canlii89756.html
And it states the following below

• Given the subjective nature of determining fractional
entitlement, VAC has adopted a policy that ensures a consistent
approach for all members and Veterans:

o full entitlement (5/5ths) will be awarded when it is determined
that the disability has resulted from a service-related injury
or disease; or from both service-related and non-service-related
injuries or disease

o partial entitlement will be awarded (4/5ths) when it has
been determined that a disability has resulted from a non-service-related
injury or disease that was aggravated by service (aggravation)
If this policy is now that partials are awarded at 4/5ths I have
some partials which are lower, would this mean I'd have to do
an appeal to get the min 4/5ths or is this going to be done automatically
by VAC. Cause if 4/5ths is Minimum why has VAC not informed clients
who have partial entitlements this so we could of appealed earlier
if need be, cause each day that goes by is Costing me $$$$ of
pension, since VAC is only going to go back 3 year's.
So for each day I do nothing is $$$ out the window or I am losing,
big difference getting 4% of a 10% award then the 8% of a 10%
award.
So do we need to appeal to get it, or is it automatic done via
VAC?????

Thanks Kindly"

Thank you for using MyVAC and our secure messaging service.

VAC will be automatically adjusting the file of each veteran.
There will be no action required on your part, nor will an appeal
need to be filed.

If you have any further comments or questions please feel free
to contact us via secure messaging or our contact centre at 1-866-522-2122.

Sincerely,

J.Bxxxxxxx
Analyst
Veterans Affairs Canada

Unfortunately, every time I ask VAC what Veterans who have previous assessments of less than 4/5, are supposed to do, all they say is to contact BPA or the Legion, about our file. They won't just come out and say that will force us to go through an unnecessary appeal process. Since VRAB is already faced with a massive backlog, and can take years to get a hearing, with all these unnecessary appeals added onto the workload, I would not be surprised if some Veterans end up waiting several years for this to be resolved.

Any updates on this?

Big Rex - interested in hearing on how they answer. I have a few of those under 4 fifths. It was a confusing equation fm the start. I’m sure they will spin it going fwd, as it will cost them..VVV

yes, there we go.

"Partial Entitlement:

The department will award entitlement equal to four-fifths when it has been determined that a disability has been aggravated by factors related to service or is partially a consequence of a service-related condition (consequential ). Consequential Disability Policy"

And nowhere does it say that this only applies to claims going forward, so I'm going to be contacting VAC, to see what is going to happen to all of us with partial entitlements lower than 4/5.

Ya I see the new date on that policy is almost 11 days ago now..



Date modified:
2018-09-14

Maybe not relevant.

6608's post yesterday regarding  http://www.veterans.gc.ca/eng/about-us/policy/document/1474
It was a very similiar paragraph 11 where my claim was approved... albeit 10 - 15 years ago.

It's all in the policy documents folks.

Dannypaj wrote:"Unfortunately, the change in entitlements are on a going forward basis only."
This isn't the impression I received when I talked with my CMO about this upcoming change, reference entitlement increases....maybe I misunderstood the CMO, but nothing was said in reference to "a going forward basis only!"
If so, you would think that the rumor would of been nullified correctly.

Why is there always a sense of doubt when dealing with VAC...

Almost 6 months left until the big PFL reveal, this should be interesting.  

This is why we need to see written stuff on this.

bigrex wrote:This is a major change, and improvement for future veterans, so you would think they would want it all over the news, and in the Legion magazine Etc. The only reason it hasn't been made public , is the lack of retroactive increases to entitlements. Because the Liberals know that if they tell the roughly 1700000 current VAC clients, that if they had their disability compensation reduced to less than 4/5ths, that they are not entitled to the same level of respect as future VAC clients, they might as well pack up their offices now, before the next election even starts. Because that is basically what entitlement boils down to. How much does VAC believe the Veteran's disability was caused by, or aggravated by, their service. A 1/5 entitlement is basically VAC saying they think the Veteran is lying, but just can't prove it.

I am thinking the same thing.

This is a major change, and improvement for future veterans, so you would think they would want it all over the news, and in the Legion magazine Etc. The only reason it hasn't been made public , is the lack of retroactive increases to entitlements. Because the Liberals know that if they tell the roughly 1700000 current VAC clients, that if they had their disability compensation reduced to less than 4/5ths, that they are not entitled to the same level of respect as future VAC clients, they might as well pack up their offices now, before the next election even starts. Because that is basically what entitlement boils down to. How much does VAC believe the Veteran's disability was caused by, or aggravated by, their service. A 1/5 entitlement is basically VAC saying they think the Veteran is lying, but just can't prove it.

"Unfortunately, the change in entitlements are on a going forward basis only."
This isn't the impression I received when I talked with my CMO about this upcoming change, reference entitlement increases....maybe I misunderstood the CMO, but nothing was said in reference to "a going forward basis only!"
If so, you would think that the rumor would of been nullified correctly.

Why is there always a sense of doubt when dealing with VAC...

Almost 6 months left until the big PFL reveal, this should be interesting.

Unfortunately I have not been able to find anything concrete on this yet, so hopefully they will reference it in the letter that BPA will be sending me. After all, it doesn't need to change any legislation, or even the wording of the regulations, just how they are administered, So there may never be any public documentation about the change.

I think this changed back in February if this is the policy your referring to Bigrex

Disability Resulting From a Non-Service Related Injury or Disease
Issuing Authority: Director General, Policy
Effective Date: February 23, 2018

http://www.veterans.gc.ca/eng/about-us/policy/document/1474





Cheers