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Class Action Suit against NVC & "Govt has no obligation to soldiers"

It will be interesting to see what new offer the GoC will put on the table to stop this lawsuit. Looking at my own case, I am 57 and have been receiving a 20% pension for a back injury since 1991 and three subsequent disability awards for Hearing, Tinnitus and PTSD. To convert those disability awards to the equivalent monthly pension payments would require a tripling of the amounts awarded if I live to age 87. 
 
One thing the G&M article alluded to is the different benefits available. While there are more benefits available under the NVC than were ever available under the PA, most of us are still hung up on the monthly pension versus the lump sum. It is quite possibly the single largest sticking point.

I provided a breakdown/example a while ago, here: http://army.ca/forums/threads/106421/post-1179188.html#msg1179188

 
This is a proposal from the Equitas Society site. It's a proposal for a Canadian Military Covenant and a Military Veterans Bill of Rights. They are looking for feedback and feedback can be posted here:

http://equitassociety.ca/comments6.html

Proposal: http://equitassociety.ca/Sorochan_Memo_Veterans_Covenant_Bill%20.PDF

 
There is a Veterans Bill of Rights already, enacted by the Harper government in 2007, and formed a part of the Conservative election platform in 2006:

http://www.veterans.gc.ca/eng/about-us/veterans-bill-of-rights/vbor
http://www.veterans.gc.ca/pdf/bill_of_rights_VAC.pdf
http://www.pm.gc.ca/eng/news/2007/04/03/prime-minister-harper-announces-new-bill-rights-and-ombudsman-veterans
 
blackberet17 said:
There is a Veterans Bill of Rights already, enacted by the Harper government in 2007, and formed a part of the Conservative election platform in 2006:

http://www.veterans.gc.ca/eng/about-us/veterans-bill-of-rights/vbor
http://www.veterans.gc.ca/pdf/bill_of_rights_VAC.pdf
http://www.pm.gc.ca/eng/news/2007/04/03/prime-minister-harper-announces-new-bill-rights-and-ombudsman-veterans

I think Teager and Equitas are talking about a true, substantial and honest Veterans Bill of Rights. One that actually accounts for and places Veterans first.

Not the useless, unfair piece of garbage that the Party's on the Hill passed.
 
If you read the link to the proposal the third paragraph states:

This Military Veterans Bill of Rights is based upon the existing (non-statutory) Veterans Bill of Rights (which I am told was largely based upon the largely unknown Public Servants Bill of Rights) but with additions that we believe are needed to make it a meaningful document to protect the rights of veterans and their families.

 
The sad part is, some federal party will probably latch onto the Equitas Society's "new" Military Veterans Bill of Rights, use it in their election platform to garner veteran community votes, and then...well...

I think my sarcasm meter is on high today...
 
I wonder if Paul Franklin was successful in his conversation with the minister .... or if the conversation even happened.

Paul Franklin, veteran and amputee, fears 'degrading' paperwork may never end
Double amputee believes he shouldn't have to prove his legs are gone on an annual basis
By Sophia Harris, CBC News
27 Mar 2015

Ex-soldier Paul Franklin bristles at the thought of the next round of paperwork to prove yet again to the federal government that he’s still a double amputee who qualifies for disability benefits.

Meanwhile, the Department of Veterans Affairs is promising reforms, including a complete review of "every piece of correspondence that goes to a veteran and their family."

​But the Afghan vet says he’s doesn’t believe there will be change. At least not until the day the government finally stops threatening to cut off his benefits unless he routinely updates paperwork on his permanent disability.

"To prove it's being done, then show me a form that says all we're asking you to do is go to your doctor once, get a diagnosis of amputation, and you will never have to fill this form out again," he says.

In 2006, Franklin lost his legs in a suicide bombing in Afghanistan.

The veteran sparked public outcry last month when he complained about having to annually verify the loss of his legs to keep receiving disability benefits.

CBC’s Rick Mercer even did a rant about the issue.

"It's bad enough being disabled, but it's another thing to go in there and feel like you're begging to prove that you're disabled, just in order to maintain your quality of life," says Michael Blais, president of Canadian Veterans Advocacy.

Every year, Franklin has to complete a form to keep receiving his long term disability benefits, overseen by the Department of National Defence.

He showed us his annual renewal form. It asks him, once again, to answer questions about his current medical condition, his physical limitations, and to list any improvements.

"Well, no, [my condition] hasn't changed because I am a permanently disabled guy with no legs. It can't change. It's impossible to change," says a frustrated Franklin.

He says he finds the form, which also requires a doctor's signature, demeaning: "It's pretty crazy and it's idiotic. It's degrading to my service."

He also doesn't enjoy filling out annual paperwork to continue his home care assistance benefits with the Veterans Affairs' Veterans Independence Program (VIP). He says its questions include reconfirming all the chores he has difficulty doing — from vacuuming to snow removal.

"My injury is so obvious, why wouldn't I have problems?" he asks.

Franklin also showed CBC a warning letter he received from Veterans Affairs this past June when he was late completing his annual form. It stated he wouldn’t get his next grant until he sent it in.

After Franklin raised a furor about his forms, Veterans Affairs proposed changes and applauded the ex-soldier for igniting the debate.

"We have learned a lot from the case Paul Franklin has brought forward, and I thank him for raising these concerns," said O’Toole in the House of Commons on March 12. He added, "We are already making changes."

Those changes began on Feb. 27 with the announcement that veterans will only have to reapply for VIP benefits every three years instead of annually

Franklin was hardly moved by the change. "It's so stupid that I'm not sure that warrants a response," he says.

The minister also promised to improve Veterans Affairs' communications with all ex-soldiers.

O'Toole announced in the House that he has established a task force to ensure veterans’ paperwork "focuses on their wellness, is easy to understand and, for serious cases, to see whether we can eliminate it entirely."

And, even though it's not his department, O'Toole promised to tackle those long-term disability forms.

"I will also be asking the insurer for the Canadian Forces long-term disability program to try to adopt the same approach," he said

But skepticism runs deep for many vets.

Franklin says he’s still waiting for the day he receives a renewal form asking him not to describe his medical condition or the chores he can't do, but instead lists questions like, "Are there deteriorating conditions that maybe we could help you with? Do you find life a struggle and we're not meeting the need as best we could?"

Blais, the veteran’s advocate, worries the government will face resistance from the private insurance company that administers long-term disability benefits.

"[The minister] has to convince the insurance company to change the annual reporting and I don't know if Manulife is willing to do that," says the ex-soldier.

Manulife Financial told CBC News in an email, "In order to effectively administer long-term disability benefits, insurers periodically request updated information to assess ongoing eligibility for benefits." 

For his part, O’Toole has tried to reach out to Franklin, who isn’t returning his calls. The minister even resorted to Facebook twice this month to ask the veteran to contact him.

"I know [he will give me] politician's answers, so I'm doing the immature thing by not talking to him," admits Franklin.

But he aims to break the impasse tonight at the Heroes Hockey Challenge in Toronto. He believes the minister will be attending.

The ex-soldier plans to find a quiet place at the event to lay out his concerns to O’Toole.

"I fully expect nothing will happen unless we stand up and say enough is enough," says Franklin.
http://www.cbc.ca/news/business/paul-franklin-veteran-and-amputee-fears-degrading-paperwork-may-never-end-1.3010961
 
CBC News has learned the Conservative government will announce legislation Monday that will create a new payment worth up to $70,000 for soldiers who have been seriously injured in the service of their country.

The new benefit will apply only to the most seriously wounded soldiers, but will also be applied retroactively.

This change is yet another action taken by the government in recent weeks to improve the suite of benefits available to Canadian veterans.

Erin O'Toole, veterans affairs minister, moves to address complaints
Paul Franklin, veteran and amputee, fears 'degrading' paperwork may never end
Erin O'Toole, Jason Kenney say reservists will get same benefits as regular force
New Veterans Affairs Minister Erin O'Toole, who took over from Julian Fantino in January, has travelled the country promising veteran amputees they won't have to verify lost limbs, expanding benefits for reservists and grants for "informal caregivers" of injured veterans to hire help.

However, neither the new award nor any of the other changes address the key complaint of veterans: the loss of monthly pensions as a benefit for all wounded vets under the New Veterans Charter introduced in 2006.

The official government notice paper dated Friday said O'Toole will announce “An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and to make consequential amendments to another Act.”

http://www.cbc.ca/news/politics/seriously-injured-soldiers-would-get-up-to-70-000-from-new-payment-1.3014197

 
Announce all you want. A Vet still has to get their case past the wall of VAC  culture of what one here says is: "deny, deny deny, then die"
 
Also, announcing legislation - which may not get passed before the election - in the last months of a majority government deserves, at best, a golf clap.
 
Plus, while an improvement, is still cheaper than bringing back a monthly pension payment.
 
A little more info.

Harper Government announces new benefit for Canadian Armed Forces members and Veterans
Benefit to recognize and compensate for very serious injuries and diseases

OTTAWA, March 30, 2015 /CNW/ - The Honourable Erin O'Toole, Minister of Veterans Affairs, unveiled today the proposed new Critical Injury Benefit (CIB), which will provide a $70,000 tax-free award to support the most severely injured and ill Canadian Armed Forces (CAF) members and Veterans. 

The proposed new CIB is intended to address the immediate impacts of the most severe and traumatic service-related injuries or diseases sustained by CAF members and Veterans, between the time the injury or disease occurs and the time when their condition becomes medically stable. The CIB is in recognition of the stress and hardship CAF members and Veterans go through in the weeks and months following a sudden event resulting in traumatic injury or disease. The CIB is intended to work alongside the existing benefits and supports delivered by Veterans Affairs Canada for which injured Veterans are eligible, and it is separate and apart from disability award payments.
Benefit to recognize and compensate for very serious injuries and diseases

OTTAWA, March 30, 2015 /CNW/ - The Honourable Erin O'Toole, Minister of Veterans Affairs, unveiled today the proposed new Critical Injury Benefit (CIB), which will provide a $70,000 tax-free award to support the most severely injured and ill Canadian Armed Forces (CAF) members and Veterans. 

The proposed new CIB is intended to address the immediate impacts of the most severe and traumatic service-related injuries or diseases sustained by CAF members and Veterans, between the time the injury or disease occurs and the time when their condition becomes medically stable. The CIB is in recognition of the stress and hardship CAF members and Veterans go through in the weeks and months following a sudden event resulting in traumatic injury or disease. The CIB is intended to work alongside the existing benefits and supports delivered by Veterans Affairs Canada for which injured Veterans are eligible, and it is separate and apart from disability award payments.

This announcement was one element of the new Support for Veterans and their Families Act introduced in the House of Commons today to provide new support for CAF members and Veterans, and their families. Along with the Critical Injury Benefit, other proposed initiatives in this new legislation include:

the Retirement Income Security Benefit for moderately to severely disabled Veterans beginning at age 65 and their survivors;
the Family Caregiver Relief Benefit for eligible Veterans requiring ongoing informal care—a tax-free grant of $7,238 annually;
the addition of a purpose statement to the New Veterans Charter recognizing the Government's obligation to CAF members, Veterans and their families; and
the authority for Veterans Affairs Canada to provide advice and information to CAF members and Veterans, and make decisions on applications for benefits and services prior to their release from the military to help them successfully transition to civilian life.


Quick Facts

The new Critical Injury Benefit will be one of many supports available to serving members and Veterans of the Canadian Armed Forces with service-related injuries or diseases.
The Critical Injury Benefit focuses on those who need it the most: Veterans who endure sudden and severe injury or disease while in the line of duty.
The Critical Injury Benefit will work in concert with existing services and benefits to establish a continuum of support from the onset of a severe and traumatic injury or disease.
The Critical Injury Benefit will be paid to eligible CAF members and Veterans who have suffered a sudden, severe and traumatic injury or developed an acute disease since April 1, 2006.


Quote


"This new benefit will provide immediate recognition and compensation to CAF members and Veterans who have made a tremendous personal sacrifice, and will provide them with security and peace of mind following a critical injury or illness. Our Government will continue to support Canada's Veterans and ensure the changing nature of the needs of Veterans is met with the best possible service."

The Honourable Erin O'Toole, Minister of Veterans Affairs 



Associated Links

Government of Canada announces enhanced lifetime support for injured Veterans and their families – News Release
Minister O'Toole strengthens benefits for reservists – News Release
Government of Canada announces new benefits and services for Veterans and families – News Release
Services and Benefits for Veterans
Mental Health Enhancements
Disability Benefits


Veterans Affairs Canada is committed to ensuring Veterans are treated with the care, compassion and respect they deserve. Veterans and their families are at the center of everything we do. #VeteranCentric

Backgrounder

Proposed new Critical Injury Benefit for
Canadian Armed Forces members and Veterans

A number of programs and services are currently in place to ensure that the health, rehabilitation and financial needs of Canadian Armed Forces (CAF) members and Veterans are met.

The proposed new Critical Injury Benefit (CIB) would provide a $70,000 tax-free award for CAF members and Veterans who, since April 2006, experienced a severe and traumatic injury or developed an acute disease caused by a sudden and single event which resulted in an immediate and severe impairment and interference in quality of life.

This benefit is in recognition of the immediate stress and hardship a CAF member or Veteran experiences after a traumatic incident. It spans the time between the initial incident and when the CAF member or Veteran becomes medically stable.

The proposed new CIB funds would be paid directly to the CAF member or Veteran and are separate and apart from disability award payments. The Critical Injury Benefit focuses on those who need it the most: Veterans who endure sudden and severe injury or disease while in the line of duty.

Other Department of National Defence and Veterans Affairs Canada benefits already cover expenses incurred by family members who are traveling to be with the injured or ill CAF member.

As part of the Department's continued commitment to Veteran-centric care, and in order to reduce wait times, Veterans Affairs Canada employees will proactively contact Veterans who have experienced a severe service-related injury or disease to discuss this new benefit.

Example of who could benefit from this new payment

Richard is a paratrooper who was involved in a training accident and fell three stories. He sustained a severe concussion, internal injuries and multiple fractures. He had multiple surgeries and needed intensive rehabilitation to regain strength and the ability to walk. Over time, Richard recovered and was deemed medically stable. While he applied for a VAC disability award, he did not receive a payment because he did not have a permanent disability. However, due to the severity of his injuries, he would now be eligible for the proposed new Critical Injury Benefit.

A continuum of care

While recognition for the most severely injured is the focus of today's announcement, it must be viewed as part of a spectrum of services and supports available to CAF members and Veterans. Benefits and services such as rehabilitation and vocational assistance, and the Health Benefits Program, for example, are designed to help support the needs of ill and injured Veterans.

SOURCE Veterans Affairs Canada

http://www.newswire.ca/en/story/1510405/harper-government-announces-new-benefit-for-canadian-armed-forces-members-and-veterans
 
Jeez could they be anymore vague? What does that criteria even mean?

Considering injuries are paid out at a specific % point, it would be only too easy to say "x% is the cutoff" or whatever.

Sounds like it's somethibg that sounds good they can point too at the election, but left so vague that very few people actually get the benefit.
 
Its a press release, its not the actual legal text of the document. If they sat and spouted off the entire legalese, how many people would be asleep by Para 2?
 
OTTAWA – Veterans at the centre of a class-action lawsuit against the federal government are waiting to see whether legislation introduced this week by the Harper government to improve benefits is the beginning, or the end, of reforms to the system.

If it’s the end, the lawyer for the ex-soldiers says the politically embarrassing court fight is, in all likelihood, back on.

Don Sorochan says he will have to consult his clients, but his view is that the measures announced by the Harper government over the last month represent easy fixes and that more is to come.

“If it is the end of it, I would think the answer would be pretty simple: It’s not enough,” he said.

The lawsuit, which argues that modern-day soldiers are discriminated against compared with troops who fought the two world wars and Korea, was put on a hold earlier this year as the two sides entered settlement talks.

Sorochan says it is possible the government, or the opposition parties, could promise more during the coming election campaign, but the ex-soldiers will have to make decisions based upon what’s in front of them.

The time-out in the lawsuit ends on April 15, but the two sides could elect to extend it if they believe there’s value in continuing discussions.

The lawsuit has been a black eye for the Conservatives, who pride themselves on supporting the troops and Sorochan says the government had been insisting that it be dropped immediately in light of the recent improvements.

“We are certainly interested in continuing the talks, but we will have to reassess where we are in the lawsuit, given the reforms,” said Sorochan. “We’ve already done some analysis, but the point is, these weren’t supposed to be the end of the reforms.”

Since the beginning of March, the new veterans minister, Erin O’Toole, has announced a series of measures, including a new $70,000 pain and suffering award that appears aimed at the physically injured. There is also a new proposed retirement income security benefit for moderately and severely wounded soldiers without military pensions and new programs for caregivers.

The government has also expanded access to the permanent impairment allowance, which gives the most severely disabled veterans up to $2,800 a month in tax-free income for life.

In their statement of defence against the lawsuit, government lawyers offended veterans by saying the government has no extraordinary obligation towards soldiers and that the current government cannot be bound by political promises made by previous governments, notably by Prime Minister Sir Robert Borden during the First World War.

The Conservatives pledged to include a recognition of that so-called “sacred obligation” in the preamble to the new legislation, which was tabled Monday in the House of Commons.

Bill C-58 says its purpose “is to recognize and fulfil the obligation of the people and government of Canada to show just and due appreciation to members and veterans for their service to Canada. This obligation includes providing services, assistance and compensation to members and veterans who have been injured or have died as a result of military service and extends to their spouses or common-law partners or survivors and orphans.”

It also says legislation should be “liberally interpreted.”

http://metronews.ca/news/canada/1328187/veterans-lawsuit-hinges-on-more-improvements/
 
so anyone know how the parlimentary portion works? What kind of timeframe there would be on this, and is theere a website or something to check the status of it as it goes through parliament?

BTW, I spoke wiith Heather from Equitas. This is not related to the "settlement" talks that appear to be ongoing. They are monitoring the situation with regards to the benefits announced the past few weeks, but the lawsuit is still ongoing.
 
RobA said:
so anyone know how the parlimentary portion works? What kind of timeframe there would be on this, and is theere a website or something to check the status of it as it goes through parliament?
You can check the Parliament of Canada web page here for the latest:  where it's at in the process, the latest version, etc.
 
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