Re: Critical incident benefit

by Unknown Soldier Wed 03 Jan 2024, 09:46

Shogun-VP wrote:In short…yes. I’m reluctant to share my story but I hope it helps. Svbied august 2006. Shrapnel, burns, lacerations, operated on. Spent 3 days in role 1(didn’t meet the criteria). Physio, surgeries, invasive procedures( didn’t meet criteria). Loss of all feeling forearm down from severed radial nerve( didn’t meet criteria). PTSD outpatient care for over 10 years( didn’t meet criteria). Hit a point of raging alcoholism, depression and on the verge of suicide 15 years after the incident. Requested inpatient care at deer lodge to save my life. Was told it was a 16 week wait…didn’t have that kind of time so I moved across the country and moved In with my best friend and his family as a last ditch effort. Stayed with them for 6 months. Helped get me sober, helped with feeding me, doing my laundry, in short got me back on my feet. Their help met the criteria of having someone assist with daily living for the prescribed amount of time. With the help of a good BPA lawyer… we turned down multiple hearings to get panel members that were less by the book and more open minded in their thinking. Long story short, entitlement granted. This took 7 years from my first application. My case hasn’t been released yet on CANLII. When it does, feel free to read it.
Has your case been released on Canlii yet? ,thx

by Unknown Soldier Mon 16 Oct 2023, 14:57

Shogun-VP wrote:In short…yes. I’m reluctant to share my story but I hope it helps. Svbied august 2006. Shrapnel, burns, lacerations, operated on.
Please let me know through pm when your case goes up on Canlii if you can, thx

by Unknown Soldier Fri 13 Oct 2023, 10:35

It's not that your not entitled to " any" cash payouts , it's just payouts related to specific disabilities. I.e. if you are listed as 111% disabled al ready but you win a claim regarding your hearing loss, at say 10%, you will receive no money but you can get a free hearing aid.
CIB is not that, it's a 1 shot deal no bearing on your percentage of disability, the only requirement is that the veteran fit the criteria, which imo, is subjective
What defines a 1 time " incident " etc

by sgtppcli95 Fri 13 Oct 2023, 03:42

Correct me if I’m wrong,if you’re at 100% with DVA are you still entitled to the cash payment for CIB? My understanding was once you are at 100% you are no longer untitled to cash pay outs? Im wondering people who received this benefit most likely got 100% payout? My question is if im at 100% I was denied the first time, when I applied I was not at 100%, that was in 2015. So if I get approved for this will I receive a payment if I’m at 100%?

by Unknown Soldier Wed 11 Oct 2023, 15:03

If you win, the CIB only comes in a lump sum payment of around $85k, it wouldn't make sense to take that any other way.
Being 100% probably helps your case but not necessary, it's all about checking the boxes vac wants for CIB. A veteran can only be 50% disabled etc but if the injury was service related, was a 1 time occurrence that caused irreversible damage to their quality of life, that may be enough

by sgtppcli95 Wed 11 Oct 2023, 11:27

I’m currently at 100% with VA, when I applied for this I was not. If I ask for a review will I still be eligible for the lump sum payment?

by Unknown Soldier Sat 07 Oct 2023, 20:38

Wow, a lot of my story is similar, except the nature of the 1 time incident, my case is still waiting to be heard,
I'm hoping vac with auto it as the evidence is cut n dry, but they rarely do that
I'm ready for 2 denials, departmental review, vrab etc
But l didn't know BPA could wait for certain VRAb members the way civilian lawyers wait for certain judges whose views are more in line with the case

by Shogun-VP Sat 07 Oct 2023, 19:05

In short…yes. I’m reluctant to share my story but I hope it helps. Svbied august 2006. Shrapnel, burns, lacerations, operated on. Spent 3 days in role 1(didn’t meet the criteria). Physio, surgeries, invasive procedures( didn’t meet criteria). Loss of all feeling forearm down from severed radial nerve( didn’t meet criteria). PTSD outpatient care for over 10 years( didn’t meet criteria). Hit a point of raging alcoholism, depression and on the verge of suicide 15 years after the incident. Requested inpatient care at deer lodge to save my life. Was told it was a 16 week wait…didn’t have that kind of time so I moved across the country and moved In with my best friend and his family as a last ditch effort. Stayed with them for 6 months. Helped get me sober, helped with feeding me, doing my laundry, in short got me back on my feet. Their help met the criteria of having someone assist with daily living for the prescribed amount of time. With the help of a good BPA lawyer… we turned down multiple hearings to get panel members that were less by the book and more open minded in their thinking. Long story short, entitlement granted. This took 7 years from my first application. My case hasn’t been released yet on CANLII. When it does, feel free to read it.

by Unknown Soldier Sat 07 Oct 2023, 17:53

I've read about a lot of denials , VRAB tends to deny if the veteran did not spend enough time , or any, time in hospital.
Is it impossible to with a CIB case, if the veteran spent no time in hospital?
From what l read the 3 main factors are:
1. Pensionable disability
2. 1 time incident
3. Caused a devastating impact on the veterans quality of life.
Can't a veteran experience all that , yet never have spent 1 day in hospital?

by Shogun-VP Sat 07 Oct 2023, 14:52

I am the second soldier to be awarded CIB for mental health. If you received inpatient care for mental health you may be eligible.

by Unknown Soldier Fri 06 Oct 2023, 11:07

Did you fight your claim through BPA, ?
If you go to the Can Lii site or whatever its called and type in the search window
" veteran critical incident benefit " any and all cases through vrab will come up
And you can read why those veterans won or lost their arguments
VAC can be very sticky on their policies when they choose to be, I.e. " oh you were only in the hospital 11 weeks, this benefit requires 12 weeks" etc
But if you can work with your BPA lawyer there may be some wiggle room

by sgtppcli95 Thu 05 Oct 2023, 23:55

What battalion were you with?

by sgtppcli95 Thu 05 Oct 2023, 23:52

First, thank you for replying. I applied for this, I was wounded in July 2006, I was denied even those I still have retained shrapnel in my hip, im at 100% with VAC, does anyone know of any other favourable decisions in ref to the Cape Breaton Vet who appealed and won for “mental health” PTSD. They told me that I didn’t spend enough time in “care” I was treated in KAF for a week or so, I didn’t go to Germany because I would of lost my operational pay, that has now changed, this was July 2006 panjwi district KA.

by Unknown Soldier Wed 04 Oct 2023, 22:27

It all comes down to meeting the criteria as laid out in the CIB policy, it's not just as simple as having PTSD, though now that 1 veteran has won under this set of rules ,other veterans can stack up their situation against it, and if theirs is comparable ,VAC ,BPA and or VRAB have to atleast use the winning case when considering any new applications for CIB.
Or old cases for that matter , if the situations are similar.
A veteran may be declared to have had a CIB if the situation can be expertly explained to VAC.
But one thing thar will disqualify the vet no matter how tragic their case is if it happened before 2006. A vet will not win then because that is written in stone.
It's the same losing battle veterans face when they originally have a disability denial then reapply and win it a decade later, but VAC will only reimburse them backwards 3 years.
That would take a class action lawsuit to change the rule on that.

by sgtppcli95 Wed 04 Oct 2023, 15:57

What made the difference for a favourable decision?

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