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DND/VA HELP PLEASE!

According to the Legion Rep I am in for a long fight that the outcome is iffy at best.  Because I did not run to the MIR everytime I had an ache or pain there is very little proof that 21 years of jumping and 25 years of rucksack marches and some silily PT at times caused my O.A. and bad back.

Basically what I got out of this is that I should have spent my career crying in the MIR then Veterans Affairs would help me, but because I did my job and never complained I guess they don't give a flying **** and I am going to be left to my own means
 
Did you try the 'accumulated damage' argument? It can be successful if you can show some totals on statistics for number of jumps and other levels of rucksack-carrying activity.  These facts can be used to support late career visits to the MIR, provided you went to the MIR and had this condition noted in your records prior to release, as well as any major injuries encounters that by themselves were not permanent, but could show they contributed to your current condition. 
 
That is what my Doc put on his report especially since it is both feet, both knees, rt hip, back and both shoulders
 
Have you got input from 48th Regulator on this yet?  He's got a better grip on the system than I do...  However, PM coming that might help.

 
Greymatters said:
Did you try the 'accumulated damage' argument? It can be successful if you can show some totals on statistics for number of jumps and other levels of rucksack-carrying activity.  These facts can be used to support late career visits to the MIR, provided you went to the MIR and had this condition noted in your records prior to release, as well as any major injuries encounters that by themselves were not permanent, but could show they contributed to your current condition. 

This is bang on in the direction I would go.  If your personal Doctor makes the assessment that he/she feels it was your service that caused the injuries over time, not some personal degenerative cause, you may use that in your appeal.  In fact when you make an appeal to your claim, you will go to a tribunal.  In that tribunal you can bring anyone...ANYONE, that you wish, to help prove a claim.  With a  medical practitioner present it will add weight to your argument.

Sit with your doctor, and explain the situation and come up with a plan.  When you contact Veterans Review and Appeal Board they will assign a lawyer that will help you present your case to the tribunal.  Tell that representative what you are going to do with regards to your doctor, and the legal counsel will note that when you go to in front of the board.

dileas

tess
 
I'm sorry if this belongs somewhere else.I took a look and couldnt find anything.

Can someone please enlighten me as to why a monthly pension for injury was taken away from soldiers?At first  I thought it was maybe a new "better"system.However getting a 3000 dollar check for a busted beyond leg...and no other payments (unless the condition worsens)just does not seem right or fair to me.A 500 dollar tax free check could aid my family,like when I transition to civilian life and have to take a day off here and there due to this injury which I plaguing my life.

Wasnt pensions a sort of gratitude to vet's for being injured.A bit of a income to assist them?Telling me my leg is damaged 5 % and giving me a little sum and a pat on the head doesnt sit well with me at all.Is there something I'm missing here?

 
Greymatters said:
Did you try the 'accumulated damage' argument? It can be successful if you can show some totals on statistics for number of jumps and other levels of rucksack-carrying activity.  These facts can be used to support late career visits to the MIR, provided you went to the MIR and had this condition noted in your records prior to release, as well as any major injuries encounters that by themselves were not permanent, but could show they contributed to your current condition.

An update on my case.  I had my apeal i Dec using this argument and in Feb I found out I won 5/5 for rt knee and hip, 3/5 for back.  At the end of Apr they decided they didn't have enough medical history and I have to see one of their doctors, am still waiting for an appointment, God knows when that will be, they don't sem to be in a hurry
 
My experience on two occasions is that the P.E.I. head office says they need a medical assessment, then takes 6+ months to get you in to see their MD at the nearest local VAC District office. I suggest you contact your VAC service officer you have been assigned and pester him/her every ten days to get in to see the District MD.

 
riggermade said:
An update on my case.  I had my apeal i Dec using this argument and in Feb I found out I won 5/5 for rt knee and hip, 3/5 for back.  At the end of Apr they decided they didn't have enough medical history and I have to see one of their doctors, am still waiting for an appointment, God knows when that will be, they don't sem to be in a hurry

Congrats! You might not win every case, but at least you've won a couple of victories...

 
X-mo-1979 said:
I'm sorry if this belongs somewhere else.I took a look and couldnt find anything.

Can someone please enlighten me as to why a monthly pension for injury was taken away from soldiers?At first  I thought it was maybe a new "better"system.However getting a 3000 dollar check for a busted beyond leg...and no other payments (unless the condition worsens)just does not seem right or fair to me.A 500 dollar tax free check could aid my family,like when I transition to civilian life and have to take a day off here and there due to this injury which I plaguing my life.

Wasnt pensions a sort of gratitude to vet's for being injured.A bit of a income to assist them?Telling me my leg is damaged 5 % and giving me a little sum and a pat on the head doesnt sit well with me at all.Is there something I'm missing here?

IMO, the current policy shouldn't be based on when the claimant filed the claim, but should be when the initial injury happened. 

In my case, I was injured on a jump in '92 and had chronic lower pain from the second I thundered into the DZ, but I didn't file a claim until Sept '05 when I heard about the upcoming changes to the Charter.  I had been VERY reluctant to even speak to VAC about my injury, as I had heard too many stories of members who had filed, been given a disability pension and then found themselves on the release ramp.  I wanted to serve first and foremost so...for 13 years I carried on.  In Nov '04, the results from my MRI showed some substantial injury that had gone untreated all those years.  I was still not considering talking to VAC.  Now, I am glad I did. 

I had never understood though, how VAC/DVA based their "your pension is effective on the date you filed your claim" policy vice the date the injury happened (supporting documents would be critical for this).  Now I feel even more strongly about this point;  members who were injured *before* the new Charter was adopted should (IMO) fall under/be grandfathered to the old charter for payment of disability pensions for injuries incurred during military service.  The policy should tie back to the date of injury, NOT the date of application. 

I have to say IMO the change was a way of saving money in the long run, while giving the injured member more $ immediately, which looks good on paper but doesn't benefit the injured mbr in the long run, but I don't know enough about the policy documents/implementation to have more than just that, my opinion.

My application process seems to be the reverse of what you guys are experiencing, but I have to say it was because of documentation.  I submitted copies of my CF-98 that was properly filled out and signed, along with copies of my MRI report from Nov '04 and a few other selected documents that left no question as to where I was, when it was and if it was directly related to military service.  I mailed my claim application in Sept '05, received my "you have a valid claim" letter from VAC dated 31 Oct 05, and I was in to see the District MO (Hfx Region) in Jan '06.  I attribute the speed of this to the amount of documents I was able to submit with my claim application.

I don't think *we* will be able to change the Charter and its...ummm....changes to pensioners but I think the argument that the claimant should fall under the Charter that existed at the time of injury is one that *we* might be able to win. 

 
Eye In The Sky said:
I had never understood though, how VAC/DVA based their "your pension is effective on the date you filed your claim" policy vice the date the injury happened (supporting documents would be critical for this). 

Its cheaper for them that way...
 
Ah....now I see....

Last week there was a thread here were a young fellow was wanting to know how he filed with VAC for a broken foot. I queried why he would want a pension for a short term problem, but I was right out to lunch .......
 
X-mo-1979 said:
Can someone please enlighten me as to why a monthly pension for injury was taken away from soldiers?At first  I thought it was maybe a new "better"system.However getting a 3000 dollar check for a busted beyond leg...and no other payments (unless the condition worsens)just does not seem right or fair to me.A 500 dollar tax free check could aid my family,like when I transition to civilian life and have to take a day off here and there due to this injury which I plaguing my life.

Some injuries get lump sum payments, others get monthly payments - depends on the injury and current guidelines for compensation.

X-mo-1979 said:
Wasn't pensions a sort of gratitude to vet's for being injured. A bit of a income to assist them?Telling me my leg is damaged 5 % and giving me a little sum and a pat on the head doesnt sit well with me at all.Is there something I'm missing here?

While some people think its a 'present', the purpose of the pension is to compensate for injuries that prevent being able to be employed to the best of your abilities.  Not being able to perform certain everyday functions, ranging from minor to major disabilities, hampers your ability to be employed to the best of your abilities and can limit how much income you could have earned if you were fully healthy (i.e. not being able to stand on your feet for most of an 8 hour work day eliminates a wide range of work that a person could perform, thus limiting their employment opportunities).  It also accounts for new training or equipment you need on a daily or occasional basis that isn't covered by VAC, or medications needed as part of treating or maintaining a condition (i.e. over the counter medications that arent covered).  It could also be used for increased clothing costs for new clothes altered to conceal or accomodate a physical injury that VAC doesn't cover.  There are other examples of how this compensation works, but those are a couple.     
   
 
Greymatters said:
Some injuries get lump sum payments, others get monthly payments - depends on the injury and current guidelines for compensation.

 

Really?I was talking to a few buddys who have body parts missing.they said they are being given 10% of what that leg is worth and thats it.My injury is going to be plagueing me for the rest of my life.I will never do some of the things I wished to do.
Fact is when I get out what the hell can I do?I am a very outdoor oriented person.So what do I have to do?Work in a office for the rest of my life?Fact is this injury is due to military service in Afganistan,documented and investigated.Yet I get a % of what they believe my leg is worth.Lump sum of maybe 4000 and then what?Are they going to augment my pay when  I can only stand outside for 5 hrs a day without being crippled?

I was under the assumption monthly payment died off when Afganistan kicked off.
 
Greymatters said:
PM sent...

GreyMatters,

Is there anything you can share in the thread WRT to montly payments for injuries sustained *after* the new Charter was adopted 01 Apr 06?

It might help some people in the same situation as X-mo, or others who are reading this thread but not posting.

As someone pensionsed under the old charter, and I think the change to the new Charter lump sum payment was a totally horrible thing to do to injured service mbr's past/present/future that should be revisisted and reversed.
 
Eye In The Sky said:
GreyMatters,

Is there anything you can share in the thread WRT to montly payments for injuries sustained *after* the new Charter was adopted 01 Apr 06?

It might help some people in the same situation as X-mo, or others who are reading this thread but not posting.

As someone pensionsed under the old charter, and I think the change to the new Charter lump sum payment was a totally horrible thing to do to injured service mbr's past/present/future that should be revisisted and reversed.

I would be interested in this info as once I see a Doc I will have to what I get for compensation
 
Sorry, mine started before the new charter came into affect, but I certainly disagree with the lump-sum concept - I see it as completely counter to the concept of rehabilitation and support for injured personnel - off the bat, it doesn't take into account that a persons injuries can degenerate further or require care not considered at the time of decision. 
 
Greymatters said:
Sorry, mine started before the new charter came into affect, but I certainly disagree with the lump-sum concept - I see it as completely counter to the concept of rehabilitation and support for injured personnel - off the bat, it doesn't take into account that a persons injuries can degenerate further or require care not considered at the time of decision. 


The Lump sum payment, can be reviewed at any time in the future, and if deemed  that a further payment must be made one will.


The services provided do not change, for the veteran, it was the method of payment.

The Veteran's charter, BTW, is also a living charter.  This means that it can be changed without having to be reviewed by parliament.  This being said, it is still in a form of a "trial phase".  Please also note that VAC also implemented Vocational training, which was not offered freely before.  That being said, the concept of the lump sum payment is to help with Financial difficulties, while one is taking education to be integrated into the civilian workforce.  There are also other funds available, to further help the veteran.


Don't get me wrong, I have many challenges with this lump sum payment, particular those injured Mentally, as self medication is a method to numb the pain.  Hand a persona  lump sum, you might as well ship them a loaded pistol with the cheque.


However, let us not get confused that the new charter, and the concept that it is a one time payment goodbye take care of yourself idea.

dileas

tess



 
Thanks for clarifying, I don't have as much knowledge as you do on this subject......
 
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