Re: Hearing Loss Policy Changes

by By the Bay Fri 25 Jan 2019, 22:52

bigrex wrote:6608, you jinxed things. VRAB did end up denying my appeal, with exactly that aguement. Just because they changed the policy, doesn't meet their criteria for new evidence. So basically, every Veteran who had their file go to VRAB, is getting screwed over. And the only reason I can see that VRAB would refuse to follow the VAC policy, is that they are nothing more than pompous asses, who feel they are above VAC, who are drunk on the power, to screw over disabled Veterans, with no real accountability or oversight.

So now, our only hope, is that the politicians give VAC the power to increase every partial entitled claim, without needing to go through VRAB, and either eliminates VRAB, or changes their rules, so that they cannot just outright ignore VAC policy, simply because they do not agree with it. After being forced to apply to VRAB, for an entitlement increase, is not really adhering to the spirit of an appeal, if VRAB has already predetermined, that they are not going to adhere to the new policy. That is just causing Veterans undue stress, and giving them false hope, think that VRAb will treat them fairly.

Bigrex, you're right, they do give us false hope.
They change the VAC policies for the "betterment " of the veterans, but we end up getting screwed.
My entitlement reassessment is still back logged at BPA since Dec 2017 and after reading many VRAB decision rulings, I guess I will not be holding my breath for a positive outcome. However, if I am denied, I will fight until the end....my motto is..."if you break it, you bought it!" The military broke me so they need to pay for it. What really pisses me off is the spin doctor impression the government feeds the public. I found this article and thought you might find it interesting. At least the media is challenging the government and bring to light the poor treatment we veterans receive from VAC and the Feds. Hopefully, the media will keep the flood gates open and drown the Liberals in growing social media backlash.

https://www.huffingtonpost.ca/jeff-rosemartland/veterans-affairs-injured-benefits_a_23584248/

By the Bay

by **bigrex** Fri 25 Jan 2019, 13:47

6608, you jinxed things. VRAB did end up denying my appeal, with exactly that aguement. Just because they changed the policy, doesn't meet their criteria for new evidence. So basically, every Veteran who had their file go to VRAB, is getting screwed over. And the only reason I can see that VRAB would refuse to follow the VAC policy, is that they are nothing more than pompous asses, who feel they are above VAC, who are drunk on the power, to screw over disabled Veterans, with no real accountability or oversight.

So now, our only hope, is that the politicians give VAC the power to increase every partial entitled claim, without needing to go through VRAB, and either eliminates VRAB, or changes their rules, so that they cannot just outright ignore VAC policy, simply because they do not agree with it. After being forced to apply to VRAB, for an entitlement increase, is not really adhering to the spirit of an appeal, if VRAB has already predetermined, that they are not going to adhere to the new policy. That is just causing Veterans undue stress, and giving them false hope, think that VRAb will treat them fairly.

by 6608 Wed 23 Jan 2019, 17:09

For the folks who's eye’s glaze over reading those canlii decisions what the VRAB is saying is that a VAC policy change alone does not meet the requirements to have one their past decisions reconsidered, however if you are having a decision reconsidered and based on that “new” fact or evidence it causes them uncertainty or to be unsure which level of partial entitlement is most appropriate they are basically following the new VAC policy. But if based on that “new” fact or evidence and the law they feel certain you are at the correct level on the fractional scale regardless of new vac policy that’s where you stay.

Cheers

by **bigrex** Tue 22 Jan 2019, 22:45

The thing is, according to BPA, if your claim had been sent to VRAB in the past, only VRAB is allowed to change the entitlement now. So if they start to flat out refuse to increase the entitlements, because of the BS excuse that they didn't make a mistake, at the time, then there is going to be major backlash. After all, VRAB is supposed to follow the guidelines set by VAC, so if VAC says that every claim should be at least 4/5, then VRAB should not have the power to say that it should be less, if it meets the requirements put forth by VAC.

For me, the change in policy was only a secondary argument, because the appeal had already been initiated by BPA, after VRAB failed to explain why they only assigned an entitlement of 2/5, ignoring the doctor who stated that it was at least 3/5. So the change in policy aside, my lawyer was prepared to argue that they did in fact make an error in fact and law.

by 6608 Tue 22 Jan 2019, 17:51

Bigrex, The problem with the new policy change is on the VRAB side like you say they are not obligated to follow the new VAC policy. The only way the Board is able to reconsider previous decisions if there is an error of fact, law, or new evidence. A change in VAC’s program policy is not considered ‘new evidence’ they say.

See Additional Argument – 2018 VAC Fractional Entitlement Policy in document below

https://www.canlii.org/en/ca/cavrab/doc/2018/2018canlii125899/2018canlii125899.html?searchUrlHash=AAAAAQATcGFydGlhbCBlbnRpdGxlbWVudAAAAAAB&resultIndex=14

Past discussion on topic
https://csat.forumotion.com/t4807-entitlement

Disability Resulting From a Non-Service Related Injury or Disease policy
https://www.veterans.gc.ca/eng/about-us/policy/document/1474

Cheers

by red510 Tue 22 Jan 2019, 17:34

Bigrex - got it - thanks.

by **bigrex** Tue 22 Jan 2019, 16:40

It's not just for hearing loss Any disability, that has links to military service, are to be paid at a minimum of 4/5, but VAC will not make the changes to entitlement automatically. I'm waiting for a decision from VRAB on my last claim, to see if they will increase my entitlement, in accordance with the new policy or not, because apparently they are not obligated to do so.

by red510 Tue 22 Jan 2019, 16:02

Can you please post a link to the new policy. Thank you.

by Guest Tue 22 Jan 2019, 15:10

Good news!

by XMedic Tue 22 Jan 2019, 14:43

I applied for a departmental review of my hearing loss benefit based on the new policy changes (February 2018) and was approved for full entitlement. I was originally approved for 3/5 a few years ago but the new policy has changed to award either 4/5 or 5/5 depending upon circumstances. I would encourage anyone who may fall into the same scenario to apply before April 1, 2019.

by Sponsored content