Pension Miscalculation/Error Class Action

From what I have read from others.......many vets have had CM's that weren't the best. Partly because they had too many files to dedicate the necessary time........but there are some good/great CM's, unfortunate for those vets who lost out/missed benefits.

It is an going going battle for us......we can't fully understand all the convoluted details and many CM's can't either...damned either way.

But if a person can find/get one that knows their stuff and willing to go o bat for the vet makes a huge difference.

I believe once a vet has been granted the DEC, CM's are obligated to cut ties to assist other vets?

My best suggestion to anyone.....is keep a paper trail and keep asking the same question if it's not right. Different people respond to electronic correspondence, so there is a good chance a knowledgeable person can look into it/respond.

So many lies, the veteran doesn't know what he doesn't know
I had 1 CM tell me l had 30 days to find a psychogist or else he would cut off my ELB
Years later l find out a veteran is to be given 6 months.
Another time l asked a service officer a financial question on the myvacaccount,  it took 6 months to get a reply
 But l have been told that once a veteran is labeled basically a " rotten apple", your file,  questions basically ends up in the dumpster.

In my experiences with VAC, when asked a pointed question of my previous case managers i have been told outright lies that a program(s) did not apply to me, one way verbal lecture from vac’s representative(s)

i have requested to talk with someone with more knowledge on the subject, be it the srb, pia or …., and been refused

The only way i did get information or access to the programs was to be kicked off their ledger, or their offices closed, and now reopened, new calls years later (after their assigned probation period) to vac’s 1-800 line cold calls without being assigned a case manager resulted in access.

As to the probation period, if you are removed from a program, the probation period for no access is from six months or longer.

If it affects their egos, bonuses, or stats on what is returned fiscally to the federal government rather than allow veterans access, mine is documented both in my written requests, verbally recorded (by vac) and in follow up with (unfortunately) toothless ombudsmans office.

Here is some reading/info on various benefits.......provides many FAQ's on numerous benefits.

https://www.veterans.gc.ca/eng/resources/pension-for-life/pfl-faq

and a PDF on DEC
file:///Users/Admin/Downloads/pdf-e1971-230525151937.pdf

Unless a person is reading policies pretty much daily (say a veteran's advocate....beit it a fellow veteran) it is hard to keep this stuff in the memory.....you don't use it, you lose it.

I found the Case Managers that I had were great....they knew their stuff and helped me in any way they could. But, once a vet gets beyond a certain point, they sever the connection as there is not much else they can do. My point.....if you can get a knowledgeable CM they can be invaluable (unfortunately many are stretched beyond their limit).

True, l contacted the lawyer for the bruyea case, l don't know if I'm entitled there either,
But l do know that the DEC status was hidden from me until after apr 1 2019.
Then in 2020 vac sent me for CVVRS/EECA which decided l did have a DEC.
I responded ok, so where is this Career Impact Allowance Supplement,  Ive read about?
VACs response,  " oh the cias doesn't exist anymore after apr 1 2019.
So l guess l was the April fool

Unknown Soldier wrote:I'm injured under 3 different vac plans, 
Started receiving first pension in 2005,
Then ELB in 2017, then irb 2018, then dec 2020
Then care giver,attendance allowance , apsc 2022
I'm lost as to what I'm actually owed

Unfortunately, most are in the same situation....not understanding exactly what VAC is doing/does.

As you and most veterans (anyone who has experienced the convoluted process of filing a claim), VAC appears to go out of their way to ensure policies are difficult to navigate and even more difficult to understand.

The latest class action with plaintiff Sean Bruyea Lawsuit, accuses Veterans Affairs of failing to tell eligible veterans about benefits. It is also referred to as SRB Class action. Why can't people use the KISS principle? Which is it? Regardless, the point of his class action just reinforces time again that even the people who work within VAC assisting veterans are unable/inexperienced to navigate through the three pensions and knowing the policies well enough so that veterans will be able to maximize the benefits they/we are entitled to! So why would understanding exactly which benefits are affected (shouldn't keep changing) and the calculations be so top secret that VAC can't share this with the people it affects....us the veterans??? I asked VAC a question through My VAC Account and the answers were so bad I had to ask it 3 more times for a total of 4, not because it was worded wrongly or hard to understand....VAC staff did not know the various class actions that are currently ongoing at the same time and were confused because they were ignorant/inexperienced.

To add to our dissatisfaction, counsel has setup websites for the class actions (the one at vetspensionerror.ca for the pension error of course and "srbclassaction.ca" for the SRB, however, they are not very well maintained in providing the latest up to date info related to their prospective class action (for example, the SRB website hasn't had any updates in a year and a half....so.....what....nothing no matter how small has happened in that time frame??). Despite me contacting various counsel asking exactly which benefits were affected because it was/is confusing as many can attest. Counsel did not have a clue! They thought their wording in the legal documents did not sew doubt or misunderstanding.

Sadly, lawyers are not as smart as they like to believe.....regrettably they are needed to decipher their own handwriting.

I suspect as time goes on and more people ask questions.....the answers will come.........................................eventually.

I'm injured under 3 different vac plans, 
Started receiving first pension in 2005,
Then ELB in 2017, then irb 2018, then dec 2020
Then care giver,attendance allowance , apsc 2022
I'm lost as to what I'm actually owed

Army Gunner,

You're are legitimately confused (like myself) because of the people involved in the FSA! It was very poorly done! I wrote 3 law offices and expressed just how confusing it is....but because the lawyers are all genius' and wayyy smarter than everyone who is not a lawyer, they shot me down. I have read from others stating they are confused....they must be wrong because the lawyers say ....IT's PERFECT!

One of the plaintiffs even commented on what the super, super smart lawyers missed.....what a joke....that's what happens when you put 5 law firms on the same case and they all think they know more than the others.

From my limited understanding......what I posted below are the benefits covered by/under the settlement (which is on the VAC website Schedule B).

- Pension Act pension for disability
 Civilian War-related Benefits Act war pensions and allowances for salt water fishers, overseas headquarters staff, air raid precautions works, and
 Pension Act pension for death injury for remedial treatment of various persons and voluntary aid detachment (World War II)
 Pension Act attendance allowance
 Flying Accidents Compensation Regulations
 Pension Act allowance for wear and flying accidents compensation tear of clothing or for specially made apparel
 RCMP Disability Benefits awarded in accordance
 Pension Act exceptional incapacity with the Pension Act allowance

sports1977 wrote:Hello, I just called the number to get information.
From what the person told me if you are receiving Financial Benefits, like IRB and DEC we are going to get 2% from 2003 - 2023 December 31.

so basically if my calculations are correct it's going to  be between 1000 to 1500 per year that you have been on IRB  or any financial.

i just took my T4A to do the quick math on this one.

I have been on IRB since 2018, so im guessing it's going to be around 7000$ pay out from what they told me.
and that is not include my additional pain and suffering compensation or clothing allowance.

It would be great if the Law Firms involved would give an absolute list of what benefits will be calculated for compensation.
First I heard that IRB and DEC were part of the calculation. A little confusing or I missed something.

Hello, I just called the number to get information.
From what the person told me if you are receiving Financial Benefits, like IRB and DEC we are going to get 2% from 2003 - 2023 December 31.

so basically if my calculations are correct it's going to be between 1000 to 1500 per year that you have been on IRB or any financial.

i just took my T4A to do the quick math on this one.

I have been on IRB since 2018, so im guessing it's going to be around 7000$ pay out from what they told me.
and that is not include my additional pain and suffering compensation or clothing allowance.

An FYI....

Class Members with an existing payment relationship with VAC will automatically receive the compensation for which they are qualifiable through the usual payment process. These Class Members do not have to submit a claim form to receive payment.

Class Members who do not have an existing payment relationship with VAC must submit a Claim Form or they will not receive compensation. The deadline to submit a claim form is 18 March 2025.

There is a (or will be after 5.00pm EST) a link/access to the claim form via this website.

https://veteranspensionsettlement.kpmg.ca/#FAQ

puddleduk2 wrote:Article makes it look like it was only an 2003 to 2010 error,

versus January 1st, 2003 to December 31st, 2023 as stated in the settlement agreement,

Or is there another class action on the time period involved?

I have come to realize that not all FSA's are the same (for the same class action). The so-called "Final Settlement Agreement(s)" are not final and have amendments and different versions to them.......at least the one's I have seen. The information changes.....some versions have more information or different information than other versions.

This can be confusing and cause confusion and lawyers don't always get it....they assume.......some version state 2002 while another says the start is 2003 and then there is the part about who are the members.

So......best to look at the latest version and go through it.

Article makes it look like it was only an 2003 to 2010 error,

versus January 1st, 2003 to December 31st, 2023 as stated in the settlement agreement,

Or is there another class action on the time period involved?

The following Site contains document regarding the class action

https://kmlaw.ca/cases/veterans-disability-pension-miscalculation-class-action/