New VAC Policies

bigrex wrote:Well, you did say that your CM was gloating about how they kept you from being deemed DEC. That is likely a big way they managed to do it. The board did not have all the required information available, in order to make a positive decision.

don’t worry after l got notification of how I was duped I contacted every organization I could think of short of my MP and the PM. The wheels are in motion for a redress , but even an out come in my favour will take another 4 months to decide

Well, you did say that your CM was gloating about how they kept you from being deemed DEC. That is likely a big way they managed to do it. The board did not have all the required information available, in order to make a positive decision.

bigrex wrote:Did you have any sort of testing, with an Occupational Therapist, to prove you are limited? If yes, then what did they say? Because your disability % doesn't matter, and your age doesn't matter, if don't have a report, that proves exactly how you are limited.

that is the clincher, I was all set to do occupational testing, but my cm canceled it stating that there was enough medical documentation that it would be unnecessary, it was all new to me so I said okay, your the boss, so l dont go, cm goes to DEC board, comes back , says board ruled against me, now whose fault is that. I hear of people refusing to go to this testing, I was all in and got told don't bother. Dirty pool.

Did you have any sort of testing, with an Occupational Therapist, to prove you are limited? If yes, then what did they say? Because your disability % doesn't matter, and your age doesn't matter, if don't have a report, that proves exactly how you are limited.

bigrex wrote:Exactly. Initiate a determination, not make a determination. All that means is that if you end up, meeting one of those criteria, that VAC can look at you for DEC. It's not gaurenteed.

I don’t know to me it’s comparing apples to oranges, I mean I’m pushing 60, I’m under CPPD, my injuries total over 150%( though I’m not compensated for them all )but VAC says I don’t have a DEC. I guess they have their reasons.

Exactly. Initiate a determination, not make a determination. All that means is that if you end up, meeting one of those criteria, that VAC can look at you for DEC. It's not gaurenteed.

bigrex wrote:Actually, what they are referring to, is when to start looking at a Veteran, to see IF they meet the DEC requirements. So being approved CPP(D), would only initiate a DEC assessment, not a DEC approval.

Why have two separate headings that mean the same thing, when to determine,  when to initiate?
Unless they actually mean different things,who knows they deliberately make the wording confusing so they can swing decisions which ever way they please

Actually, what they are referring to, is when to start looking at a Veteran, to see IF they meet the DEC requirements. So being approved CPP(D), would only initiate a DEC assessment, not a DEC approval.

Bruce72 wrote:I found this again though

27.

A Veteran who:
a. has been found to be “totally disabled” under CAF-LTD; or
b. was found eligible for CPP-Disability,
is not automatically considered to have a DEC. Although these programs may provide evidence used as part of a vocational assessment or in lieu of the vocational assessment (see previous paragraph), the Veteran must meet VAC’s criteria for a DEC determination.

yes, I looked at that too and at first l thought they were contradicting themselves, but in reading it again, a vet can be eligible for CPPD the same way a vet can be eligible for DEC, but “ eligible “ and granted are too different things, at least in my eyes..? The earlier point seemed pretty clear, if a vet is confirmed by CPPD then they are also DEC, either way I’ll be looking into it, because someone can be only eligible for CPPD, submit all the medical information , wait the 4 months and then be denied,so if that happens I can understand why VAC would deny DEC too, as the medical information is not conclusive

I found this again though

27.

A Veteran who:
a. has been found to be “totally disabled” under CAF-LTD; or
b. was found eligible for CPP-Disability,
is not automatically considered to have a DEC. Although these programs may provide evidence used as part of a vocational assessment or in lieu of the vocational assessment (see previous paragraph), the Veteran must meet VAC’s criteria for a DEC determination.

Oh, my bad, scratch that. I'm confused.

6.For the purposes of access to the Rehabilitation Program for a spouse or CLP under section 11 of the VWA, all Veterans who:
A. are eligible for the Rehabilitation Program under section 8 of the VWA (i.e., have at least one health problem resulting primarily from service that is creating a barrier to re-establishment); and
B. have a rehabilitation plan for the health problem(s),
will have a DEC determination regardless of age prior to the completion of their rehabilitation plan. The DEC determination in these instances may be conducted as part of the rehabilitation assessment under 10(1) of the Act, if a DEC has not been determined for IRB purposes.



If I am reading the policy correctly, you need to be identified in this section too.

Bruce72 wrote:New policies link

https://www.veterans.gc.ca/eng/about-vac/legislation-policies/policies

There are answers to questions for those denied DEC before April 1st.

hmmm, very interesting, according to 18. F of the DEC policy, that applies to me. I.e. if a vet has been declared “totally disabled “ by CPPD ,then the vet is also deemed DEC. Watch VAC use a little reverse psychology and say “ These rules only apply to Vets declared CPPD after mar. 31,those vets are also automatically DEC ( yet lose CIAS), but since you were CPPD before Mar 31 and your DEC application was before Mar. 31, none of this applies to you”:

New policies link

https://www.veterans.gc.ca/eng/about-vac/legislation-policies/policies

There are answers to questions for those denied DEC before April 1st.