Question about CIA and about PTSD claim

Six-Actual wrote:

Chaud wrote:I remember that wording.
You must be reassessed after 24 months after being DEC  but it didn't take place for me. Not that I was informed of. Maybe they review your file again and that satisfies the requirement without any requested info from the Veteran.

And that's what I was trying to say. Just because something is written in the VAC-universe, doesn't mean it necessarily happens.

And, if a vet refuses to comply with a follow up request, and gets cut off from their benefits, that is on the veteran, not VAC.

I may not agree with VAC's policies, but sometimes a person has to play ball.

Unknown Soldier: you said,"no one can say 100% that it wasn’t vindictive without knowing all the details"

Well, the opposite can also be said when details are lacking.

my New Years resolution is to try and be less combative, lol, and “ what I’m trying to say “ is that you made it sound like there was never ever a 2 year clause with your wording, I just pointed out that there was. The reasons why VAC orders a reassessment were never in contention.

Chaud wrote:I remember that wording.
You must be reassessed after 24 months after being DEC  but it didn't take place for me. Not that I was informed of. Maybe they review your file again and that satisfies the requirement without any requested info from the Veteran.

And that's what I was trying to say. Just because something is written in the VAC-universe, doesn't mean it necessarily happens.

And, if a vet refuses to comply with a follow up request, and gets cut off from their benefits, that is on the veteran, not VAC.

I may not agree with VAC's policies, but sometimes a person has to play ball.

Unknown Soldier: you said,"no one can say 100% that it wasn’t vindictive without knowing all the details"

Well, the opposite can also be said when details are lacking.

doomed I'm just at the airport in Toronto. When I get home we can chat. You can private message me on CSAT for now. Click the link next to "logout" to do it.

Hi Six Actual,
is there a way that I can message you privately? I've got a few questions and I wondered if you could guide me through things.

Six-Actual wrote:Doomed:

I contacted the Bureau of Pension Advocates and spoke to them and asked them to review my file. They reviewed my file and recommend I initiate a Departmental Review. I did so through My VAC Account.

As far as I know you can't be downgraded from 46% or removed from DEC. I am also DEC and it has no bearing on the decision for a Departmental Review.
I was originally awarded 3/5 because I was honest during my initial assessment that I had suffered trauma before serving.' And VAC cited it as a reason for the original 3/5. I never decided to question it until about a year ago.

The Departmental Review paperwork said that VAC had misinterpreted the legislation and I was awarded the other 2/5.

To contact the Bureau call toll-free 1-877-228-2250

https://www.veterans.gc.ca/eng/veterans-rights/how-to-appeal/bureau-pensions-advocates

From that point to the BPA's recommendation is approximately 4 months. Then if you file for a Departmental Review it's approximately another 35 weeks waiting time for a decision from VAC.

I remember that wording.
You must be reassessed after 24 months after being DEC but it didn't take place for me. Not that I was informed of. Maybe they review your file again and that satisfies the requirement without any requested info from the Veteran.

Six-Actual wrote:Yes, I'm familiar with the policy that after being deemed DEC, VAC can request a follow up after the 2 year mark.
Every veteran should be notified in writing and it's usually included in the DEC paperwork a vet receives.

Again, this is simply a policy that's in place to ensure a vet still meets the criteria for DEC. After the 2 year mark, VAC can request more follow ups. But, unless they have reason by way of documents and doctors reports, they won't hound veterans. Those days are gone. It doesn't mean vets may not have some difficulty, but the adversarial approach adopted by Harper's government is history. There's also such a thing as harrassment if things go to far.

In my opinion those of us who are DEC would give it all back, just to be who used to be. So if someone does improve and feels up to the task of rejoining society in traditional roles and their lives would improve further by not being DEC then that's a good thing. But, it does mean a potential loss of benefits, because if you have a new income from a full time job, then you don't qualify for Income Replacement Benefits.
I won't say what I think is fair, but I think it's still obvious.

I’m just going off what you originally wrote ; “ Also, veterans who are DEC are not reassessed every two years. It's not written that way in the legislation.“, l was just pointing out that it was there last time I read the policy ( 2017), where it did say “ in all cases” and “ must be assessed”, you made it sound like those words were never there.and there have been vets who posted here that VAC did make them reassess though the full particulars of their story are none known , but it does happen, no one can say 100% that it wasn’t vindictive without knowing all the details, l don’t put anything past VAC, look at how the Gov. fights large bodies of vets in court.

Yes, I'm familiar with the policy that after being deemed DEC, VAC can request a follow up after the 2 year mark.
Every veteran should be notified in writing and it's usually included in the DEC paperwork a vet receives.

Again, this is simply a policy that's in place to ensure a vet still meets the criteria for DEC. After the 2 year mark, VAC can request more follow ups. But, unless they have reason by way of documents and doctors reports, they won't hound veterans. Those days are gone. It doesn't mean vets may not have some difficulty, but the adversarial approach adopted by Harper's government is history. There's also such a thing as harrassment if things go to far.

In my opinion those of us who are DEC would give it all back, just to be who used to be. So if someone does improve and feels up to the task of rejoining society in traditional roles and their lives would improve further by not being DEC then that's a good thing. But, it does mean a potential loss of benefits, because if you have a new income from a full time job, then you don't qualify for Income Replacement Benefits.
I won't say what I think is fair, but I think it's still obvious.

Six-Actual wrote:Thanks for adding the relevant information Chaud.

In all fairness, there is nothing in the policies you posted that could be construed as VAC revoking a vets DEC status arbitrarily.

As I mentioned, there's a process to determine continued eligibility for DEC and IIRB.

We all know how government operates. These policies are simply their way of ensuring, someone who doesn't meet the criteria, doesn't receive benefits they are not entitled to.

It doesn't mean every vet who is DEC needs to live in fear of their benefits being taken away. VAC knows DEC is the last stop in the rehab program, and only issues the classification if they are sure a veteran has exhausted all avenues to improvement.

Also, if people remember it was Harper's government who made vets jump through hoops every 2 years. That hasn't happened under Trudeau's government to my knowledge. There's been no new media reports of it.

My 2 cents.

they’ve obviously changed the policy as of April 1 , because this is what it used to say ;
”37.DEC Status - Follow-up
In all cases, two years following the date the Veteran is determined to have met the criteria for DEC,
the Veteran must be re-assessed to determine if he or she is still meets the criteria for DEC. A Veteran
may have his or her EL or CIA benefits cancelled if he or she fails to comply with any request for
reassessment, as indicated in paragraph 36.”

Thanks for adding the relevant information Chaud.

In all fairness, there is nothing in the policies you posted that could be construed as VAC revoking a vets DEC status arbitrarily.

As I mentioned, there's a process to determine continued eligibility for DEC and IIRB.

We all know how government operates. These policies are simply their way of ensuring, someone who doesn't meet the criteria, doesn't receive benefits they are not entitled to.

It doesn't mean every vet who is DEC needs to live in fear of their benefits being taken away. VAC knows DEC is the last stop in the rehab program, and only issues the classification if they are sure a veteran has exhausted all avenues to improvement.

Also, if people remember it was Harper's government who made vets jump through hoops every 2 years. That hasn't happened under Trudeau's government to my knowledge. There's been no new media reports of it.

My 2 cents.

DEC Status – Follow up
In cases where a Veteran is determined to have a DEC, VAC may request the Veteran to undergo an examination or assessment to determine if he / she continues to meet the criteria for a DEC.
For the Rehabilitation Program purposes, a follow up request can occur at any point while:
the Veteran is participating in their rehabilitation plan as part of the evaluation of their plan; or
the Veteran is being assessed for rehabilitation needs after re-engaging in the Rehabilitation Program for health problems eligible under section 8 of the Act.
Should the Veteran refuse to comply with the request, VAC may consider cancelling the Veteran’s rehabilitation plan. Please refer to the Rehabilitation Services and Vocational Assistance Plan – Assessment, Development and Implementation policy for more detail with respect to assessment, evaluation and cancellation of rehabilitation plans.
For IRB purposes, a follow up request may only occur before a Veteran’s 65th birthday. After the age of 65, a DEC follow-up determination will not cease the IRB payment per subsection 18(10) of the VWA. Should the Veteran fail before age 65 to comply with any request for an examination or assessment for IRB purposes without reasonable cause, VAC may suspend or cancel the Veteran’s IRB in accordance with subsection 20(1) of the VWA (for more details see the Income Replacement Benefit policy).
A request for an examination or assessment of the Veteran’s DEC status may be made in any of the following circumstances:
the Veteran shows potential for improvement while participating in their rehabilitation plan;
the Veteran is interested in re-engaging in the Rehabilitation Program for health problems eligible under section 8 of the Act;
statements of earnings indicate that a Veteran with a DEC may be gainfully employed recently for two consecutive years;
statements or documents indicating that the Veteran with a DEC has an improved earnings capacity under other third party compensation plans and as defined by the respective plan, such as no longer “totally disabled” under CAF LTD (SISIP) or no longer eligible for Canada Pension Plan Disability or for a long term provincial or federal worker’s compensation plan; or
any other evidence that indicates that the Veteran has an improved earnings capacity.
If an examination or assessment is determined to be appropriate, the decision maker should consider the results as part of a new DEC determination with respective appeal rights. This new determination will follow the same steps as taken for an initial determination and in accordance with this policy.
The new DEC determination may also include eligible health problems that were not considered in the initial DEC determination (e.g., eligibility for health problem was established after the initial DEC determination).
If the Veteran is determined to have the capacity for suitable gainful employment, the DEC status should be terminated effective the date of the decision (Refer to Income Replacement Benefit for details of when IRB is payable).

Unknown:

You have to remember that if a veteran is getting then runaround from VAC (and many of us have) your only recourse is the Ombudsman's office, your member of parliament or the appeals process, and the courts. (I know a Chief Warrant Officer who sued VAC and won).
And you can always build your case, one piece of evidence at a time.

Veterans don't lose DEC status through arbitrary measures. It's only if a veteran improves to the point that barriers no longer exist with regards to employment ability. And this is only established through medical appointments and evaluation.

Also, veterans who are DEC are not reassessed every two years. It's not written that way in the legislation. The legislation states, that veterans who are DEC can be required by VAC to undergo reassessment before their 65th birthday to see if they still meet the criteria for DEC.

Six-Actual wrote:Doomed:

I contacted the Bureau of Pension Advocates and spoke to them and asked them to review my file. They reviewed my file and recommend I initiate a Departmental Review. I did so through My VAC Account.

As far as I know you can't be downgraded from 46% or removed from DEC. I am also DEC and it has no bearing on the decision for a Departmental Review.
I was originally awarded 3/5 because I was honest during my initial assessment that I had suffered trauma before serving.' And VAC cited it as a reason for the original 3/5. I never decided to question it until about a year ago.

The Departmental Review paperwork said that VAC had misinterpreted the legislation and I was awarded the other 2/5.

To contact the Bureau call toll-free 1-877-228-2250

https://www.veterans.gc.ca/eng/veterans-rights/how-to-appeal/bureau-pensions-advocates

From that point to the BPA's recommendation is approximately 4 months. Then if you file for a Departmental Review it's approximately another 35 weeks waiting time for a decision from VAC.

apparently a veteran s % can never go down , even if they “ heal”, but a vet CAN lose DEC. There is criteria for this label and if the veteran fails to meet it, VAC can remove the status. It might be a rare occurrence but it is written in their policy, just as it is written that veterans determined to have a DEC are supposed to be reassessed every 2 years. Some vets have been DEC for over a decade, never asked to reassess, other vets who VAC has a bone to pick with make that particular vet jump through hoops every 2 years.

Doomed:

I contacted the Bureau of Pension Advocates and spoke to them and asked them to review my file. They reviewed my file and recommend I initiate a Departmental Review. I did so through My VAC Account.

As far as I know you can't be downgraded from 46% or removed from DEC. I am also DEC and it has no bearing on the decision for a Departmental Review.
I was originally awarded 3/5 because I was honest during my initial assessment that I had suffered trauma before serving.' And VAC cited it as a reason for the original 3/5. I never decided to question it until about a year ago.

The Departmental Review paperwork said that VAC had misinterpreted the legislation and I was awarded the other 2/5.

To contact the Bureau call toll-free 1-877-228-2250

https://www.veterans.gc.ca/eng/veterans-rights/how-to-appeal/bureau-pensions-advocates

From that point to the BPA's recommendation is approximately 4 months. Then if you file for a Departmental Review it's approximately another 35 weeks waiting time for a decision from VAC.

what makes you eligible to request a review? And how do I do this. I have PTSD and I'm deemed 46% disabled for PTSD and in DEC. Could I ask for a review? could I end up worse than I already am? receives a disability award in 2010.

Six-Actual wrote:

Rifleman wrote:There is only an option for new veterans on PFL they have the option I know for a fact that if you were a part of the NVC when they decided to go to this new PFL you do not get the option for instance I qualified for the PFL a sum of let’s say 250 dollars a month that is the only way it can be paid and I have questioned this every possible way you could think ONLY NEW VETERANS GET THE OPTION and I for one would of taken a lump some payment under the new PFL if I could due to my age

I requested a Departmental Review of my level of entitlement for PTSD in January of this year. It was ajudicated under the PFL legislation. It was decided in my favour increasing my level of entitlement from 3/5 to 5/5.

I was awarded a PFL pension and I received retroactive benefits back to April 1st of this year with the first regular payment received on December 23rd.

I have requested the lump sum option, by requesting the form on My VAC Account about two weeks ago. I was informed that the lump sum would take 6 to 8 weeks to process.

I'm not a "new veteran". I receive benefits under the PA, NVC and The Veterans Well-Being Act.

The lump sum is available to anyone with a favourable decision under the Veterans Well-Being Act (VWA)