DND/VA HELP PLEASE!

[57Chevy]

What recourse do I have now ?

None.
Unless I can provide new medical evidence, the decision made in Charlottetown is binding.
I don't have a family doctor, so I have fallen through the cracks like so many others have.
Thanks for nothing VAC

 

[Wookilar]

Seen, didn't read high up enough.

It's an appeal to the federal court now, but I have no idea how to start that.
Given the Ombudsman's report on the Federal Court decision rate, I would certainly look into it.

Wook

 

[Rifleman62]

The VRAB website (Brochure - Review and Appeal Hearings http://www.vrab-tacra.gc.ca/Publications/Brochure-eng.cfm) states:

What can I do if I am not satisfied with an Appeal decision?

Decisions of an Appeal panel are final and binding - unless they contain an error of fact or law, or new evidence comes to light at a later date. If you are still not satisfied, you should contact your representative to discuss other options available to you.

Well hidden, and not well known is the third level of redress, the Request for Reconsideration. This third level of redress is not considered “as of right”. In other words, if an Appeal level decision contains an error of fact or an error of law, or if new evidence comes to light at a later date, the VRAB can be approached for Reconsideration. The tabling of new evidence at Reconsideration must meet a test of “Due Diligence”. Additionally, the VRAB has the right to screen out a Request for Reconsideration. My understanding is that incredibly, the same Board members who ruled on an Appeal Hearing will form the Reconsideration panel, if they are still available.

Here is the reference in the regulations: http://laws-lois.justice.gc.ca/eng/regulations/SOR-96-67/page-1.html#h-3

Your Bureau of Pension Advocates lawyer may tell you you are just wasting your time and he/she has never seen a positive result for the Vet. Mine did, but he is a dip shit.

 

[Cdnleaf]

I know this is an old thread but,
that is how long it took for the Veterans Review and Appeal Board to make a decision,
and it's a hard pill to swallow.

Quote: "The Departmental Entitlement eligibility guidelines for osteoarthritis reveal that trauma may cause osteoarthritis in a joint; however, for trauma to cause osteoarthritis, the signs and symptoms must be present within 25 years of a specific trauma."

Because my osteoarthritis signs and symptoms took longer than 25 years to develop, I am not entitled to any compensation.
Go figure.
What recourse do I have now ?

Ask for disclosure of, or request the references that are used for the Departmental eligilibity guidelines.  Research the scmidt out of osteoarthritis development subsequent to joint trauma; like become the Army.ca SME on osteoarthritis and joint trauma.  (Hopefully) with a view of providing medical information to challenge the current VAC guidelines in order to request reconsideration.  I was diagnosed with osteoarthritis in my right ankle related to a service related injury; it developed <15 years and is quite common according to the specialist in Ottawa.  Good luck with the process.

 

[57Chevy]

if new evidence comes to light at a later date, the VRAB can be approached for Reconsideration.

The "new evidence"  in my favor, provided by a physician, was not even presented to the VRAB for consideration.

Your Bureau of Pension Advocates lawyer may tell you you are just wasting your time and he/she has never seen a positive result for the Vet. Mine did, but he is a dip crap.

cdnleaf,
I have been looking into that for a while now. I firmly believe that the 25 year limit VAC guideline on symptoms of osteoarthritis is a loophole they use against you. It seems to contradict being a veteran for life.

 

[Rifleman62]

Application for Reconsideration are handled by a Reconsideration Unit at the Bureau of Pension Advocates Head Office in Charlottetown. Should you wish to be counseled about the feasibility of advancing an Application for Reconsideration, please forward your request in writing, outlining the basis of what you believe is any significant error of fact or law made by the Board. The Reconsideration Unit will review the decision and will counsel you accordingly. You will also be advised as to what, if any, new evidence would be needed to advance an Application for Reconsideration on your behalf.

You may communicate with the Reconsideration Unit by writing to the following address:

Reconsideration Unit
Bureau of Pension Advocates
PO Box 7700
Charlottetown, PEI
C1A 8M9

 

[57Chevy]

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