Departmental Review of Level of Entitlement

I now know why my departmental review was adjudicated in my favour. It took me a while to figure it out but, here it is.

Presumption of a Veteran’s or Member’s Fitness on Enrolment – Disability Pension and Pain and Suffering Compensation (subsections 21(9), and (10) of the Pension Act, and sections 51 and 52 of the Veterans Well-being Regulations)

Specifically this part of the policy: Information provided by a Veteran or member is not evidence that a disability or disabling condition existed prior to enrolment unless there is supporting medical evidence.

In other words, although I reported trauma prior to enrollment during my initial diagnosis, there's no medical evidence to support my own assertion. To be honest at the time I enlisted, I didn't know I likely had a mental illness. I was fairly young at the time, if that makes a difference.

The only thing I'm not sure of is whether or not this provision was present in the policy in 2008.

I have to admit, that the review process actually worked in my situation. As it should.

So if any other veteran is in a similar position, I urge you to file for a Departmental Review.

I hope this helps.

https://www.veterans.gc.ca/eng/about-vac/legislation-policies/policies/document/1474

I almost forgot, the reason VAC said they were ruling in my favour is that there was "an error in interpreting the legislation" during the adjudication process in 2008. That's why I took me so long to figure out what they were refering to.

Six-Actual wrote:I called in once to see if I could get any info at about the 36 week mark, but was told all I could do was wait it out.

Sixty eight weeks seems like an excessively long time though.

My new PSC payment was backdated to April 1st. I'm somewhat confused about that, but I'm not going to argue with them. I thought the payments simply began on the day the application was approved.

unfortunately that’s the going rate, I have two claims also as long as you, no amount of calling will speed up the process until you are completely out of money then perhaps your Cm, or the legion might get you fast tracked, otherwise, it’s just a waiting game. The best thing you can do if you’re mobile and still have your faculties is to just shelve the claim and move on, and enjoy what you still can in your life. I just had claim go the 60 week route only to come back denied, I just shrug at this point.

That's what I was told as well, by VAC when I requested the form for the lump sum payout. Two weeks to get the form uploaded to My VAC Account and 8-10 weeks processing.

I hope things work out for your claim.

What is even crazier, after all is said and done, meaning 18 plus months & if approved is if you select a payout its a minimum of another 3 months for VAC to do that. So if I go back to when I initially requested a review at stage one its will be 23 months. LOL watch after all this I get rejected.
Sure am glad VAC has invested billions into increased staffing over the last 20 years. It showing up in wait time! :):)

I called in once to see if I could get any info at about the 36 week mark, but was told all I could do was wait it out.

Sixty eight weeks seems like an excessively long time though.

My new PSC payment was backdated to April 1st. I'm somewhat confused about that, but I'm not going to argue with them. I thought the payments simply began on the day the application was approved.

mine is for a Dept review for hearing loss. I have called in but get the answer is just an average.-Regarding wait times.

KetchupKD wrote:Question: do you know the actual time from step 3? Is your 45 weeks from the time you had initially submitted this Dept Review?  
I am at 68 weeks and waiting from step 3!

My application was submitted in late 2018 and went to step 3 in January.

Question: do you know the actual time from step 3? Are your 45 weeks from the time you had initially submitted this Dept Review?  
I am at 68 weeks and waiting from step 3! Wait time tool presently said 32 week.

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I should mention that if a disability is rated at say 50% if you are entitled to 5/5ths, you will be paid the full 50%. A partial entitlement pays the corresponding rate of 4/5ths of 50% or 3/5ths and so on.

My original decision was in 2008. This was a Departmental Review.

The 5/5ths thing is the entitlement level. It basically means 5/5ths and the government recognizes that the disability is fully attributable to military service. Anything less like 4/5ths for example, is a partial entitlement, meaning the disability existed before serving, but was aggravated by service.

I received the paperwork today and everything appears to make sense.

45 Weeks from applying for PTSD to their decision & amount???

I still don’t really understand what the 5ths thing is? Did they tell you what your amount is?

Well, it was a long wait approximately 45 weeks from the application to the decision, but I received notification of a change of application status in My VAC Account yesterday. There is no paperwork yet, but I can see under current benefits a new payment for PSC.

I requested through the BPA a Departmental Review upon the recommendation of the BPA of my Level of Entitlement.

I was floored to see I was granted the full 5/5ths up from 3/5ths for PTSD original application in 2008. Even without the paperwork, I know this is the decision because of the amount of the new PSC payment.

I don't know if this info is of value to anyone, but there it is. If anyone has any questions, I'll do my best to answer.

The process was really easy, and with no aggervation. Minimal paperwork, and no pushback from VAC.

I'm still stunned.