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DND/VA HELP PLEASE!

Wookilar said:
I just received my notice of date for my Review Board. I haven't talked to the lawyer yet.

Anyone have any advice on how I should approach it? Other than not reaching across the table and throttling one of them? Wook

I went through it in 2002 over a leg injury.  Prior to the Board, I met with the lawyer and asked him directly what I needed to do and more importantly what he needed me to do and say in order to win.  Things worked out.  Good luck / all the best.
 
Wookilar said:
I just received my notice of date for my Review Board. I haven't talked to the lawyer yet.

Anyone have any advice on how I should approach it? Other than not reaching across the table and throttling one of them?

Wook

Don't loose your head if things appear if they are not going your way.  Not saying that will happen, it happened to me, I lost my cool head, called the 2 members on the board a few chosen names, got escorted out of the hearing and had to appeal my case all over again, which took almost another year.  Don't do that...it's not worth it really.....lol....
 
Thanks all.

Mike, I'll try to resist  ;D but it might be difficult. I'll play that part by ear lol.

Wook
 
Wookilar said:
Thanks all.

Mike, I'll try to resist  ;D but it might be difficult. I'll play that part by ear lol.

Wook

Yep, difficult it might be but that is just something you will have to put in the back of your cool head.  All I asked the board members was what unit they had served with after they told me that my injuries couldn't have been that bad.  After they both told me that they NEVER served in the military...well that's when I lost it, jumped out of my seat, pulled up my pant legs and showed them all my surgery scars.  I then proceeded to tell them something to the effect that how could 2 flat-faced civies have the balls to tell me what they just said....and that's when the battle took an unexpected turn against me!
 
48thReg.
              I have a question, and you seem to be aware of certain procedures. So...
How long after recieving a negative decision from the Review board would you get any type of answer from the Pension Advocates in Charlottetown ?

Thanks.
 
57Chevy said:
48thReg.
              I have a question, and you seem to be aware of certain procedures. So...
How long after recieving a negative decision from the Review board would you get any type of answer from the Pension Advocates in Charlottetown ?

Thanks.

If this is a negative decision, for your initial claim, the onus is on you to contact them.

Veterans Review and Appeal Board

The Board provides applicants with two levels of redress for disability pension and disability award decisions and the final level of appeal for War Veterans Allowance claims. Applicants have access to free representation (case preparation and presentation at Board hearings).

    * Review Hearing: This is the first level of redress. It is the only time in the process when applicants may appear before the decision-makers to provide oral evidence and tell their story.

    * Appeal Hearing: This is the second level of redress. It is a further opportunity for the representative to make oral or written arguments in support of a claim.


Representative Organizations

If you are not satisfied with a disability decision, you can contact a “representative” (an individual who acts on your behalf and helps present your case during hearings) to assist with your Review or Appeal before the Board.

The Bureau of Pensions Advocates, a free legal service provided by the Government of Canada, presents most Reviews and Appeals to the Board. Other service organizations, such as the Royal Canadian Legion or The War Amps of Canada, also represent applicants.

To find a representative contact:
Bureau of Pensions Advocates
Phone toll free: 1-877-228-2250
Web site: www.vac.acc.gc.ca (Opens a New Window)
(Search "BPA")

The Royal Canadian Legion
Phone toll free: 1-877-Legion6
(1-877-534-4666)
Web site: www.legion.ca (Opens a New Window)
(Under "Service Bureau," click on "Service Officers.")

The War Amps of Canada
Phone toll free: 1-800-465-2677
(Ask for the Service Bureau)
Web site: www.waramps.ca (Opens a New Window)



Stack the cards in your favour, gather as much evidence as possible, and work with your reps to turn the decision around.

dileas

tess
 
the 48th regulator said:
    * Appeal Hearing: This is the second level of redress. It is a further opportunity for the representative to make oral or written arguments in support of a claim.

This is where I am at.
The Veterans Review and Appeal Board of which I attended did not render a favorable decision concerning my condition.
I did ask for an appeal to that decision. It has been forwarded to the Area Advocate at the Bureau of Pension Advocates in Charlottetown.
How long does it take them to make a decision ? (I don't think there is place at that level for any other representative except the Area Advocate.)
The letter I recieved from my Pension Advocate states that "the Area Advocate will confirm the registration of your appeal before the Tribunal and will advise you". (So... How long would that normally take ?)

I know very well that all dealings with Veterans Affairs takes a long long long long time.
But is there not some kind of time limit that they must abide with.
BTW my lawyer could not understand the negative decision as my docs are clear and in very good order.
And the hearing went very well and seemed to be justifiably in my favour.
 
57Chevy said:
This is where I am at.
The Veterans Review and Appeal Board of which I attended did not render a favorable decision concerning my condition.
I did ask for an appeal to that decision. It has been forwarded to the Area Advocate at the Bureau of Pension Advocates in Charlottetown.
How long does it take them to make a decision ? (I don't think there is place at that level for any other representative except the Area Advocate.)
The letter I recieved from my Pension Advocate states that "the Area Advocate will confirm the registration of your appeal before the Tribunal and will advise you". (So... How long would that normally take ?)

I know very well that all dealings with Veterans Affairs takes a long long long long time.
But is there not some kind of time limit that they must abide with.
BTW my lawyer could not understand the negative decision as my docs are clear and in very good order.
And the hearing went very well and seemed to be justifiably in my favour.


The timing is under six months, however, with the overwhelming applications, and appeals, they do not guarantee a time limit anymore unfortunately.

They have created a much larger elephant in the room, and use the usual bureaucratic caveats to justify delays.  Unfortunately, this affects us greater, with the anxiety of the wait.

dileas

tess


 
Thanks  48th

Yes indeed.........ANXIETY............I guess there is no better word.

 
57Chevy said:
This is where I am at.
The Veterans Review and Appeal Board of which I attended did not render a favorable decision concerning my condition.
I did ask for an appeal to that decision. It has been forwarded to the Area Advocate at the Bureau of Pension Advocates in Charlottetown.
How long does it take them to make a decision ? (I don't think there is place at that level for any other representative except the Area Advocate.)
The letter I recieved from my Pension Advocate states that "the Area Advocate will confirm the registration of your appeal before the Tribunal and will advise you". (So... How long would that normally take ?)

I know very well that all dealings with Veterans Affairs takes a long long long long time.
But is there not some kind of time limit that they must abide with.
BTW my lawyer could not understand the negative decision as my docs are clear and in very good order.
And the hearing went very well and seemed to be justifiably in my favour.

I think you know this, but the Area Advocate in Charlottetown does not make the decision - they represent you in front of the VRAB at the final appeal hearing.  They make the decision.

For what it's worth, I too had a claim which, by all accounts, was cut and dry, all the evidence was in order, all the references were cited, yet the review hearing was not favourable.  It was only before the appeal hearing that they put all the pieces of the puzzle together and made the right decison - I owe a lot of that to the BPA lawyer who handled my final appeal.  It wasn't rocket science, but VRAB sure made it seem that way.

From the unfavourable decision at the review hearing to the final appeal decision took about eight months in my case.  It was only finalized a few months ago, so that should give you a recent snapshot of the wait you're facing.
 
Boy....you guys sure aren't giving me a warm and fuzzy about next Friday.

Here's hoping it goes well, and here's me preparing to continue the fight.

Wook
 
57Chevy said:
BTW my lawyer could not understand the negative decision as my docs are clear and in very good order. 

This is an oft repeated line from VAC lawyers.

Almost every lawyer I deal with tends to know why they lost or will lose their decisions when they go to court, mediation, or arbitration - any experienced VAC rep lawyer should be able to do it too.

 
I asked my lawyer about similar "precedent cases",
and if those cases would help the panel to understand
or perhaps shed a bit more light on my case.
She mentioned that it would, but failed to come up with any.




 
Well they have started!

My injury they have sent me back a letter stating that it was sprained and not broken with all tendons tore...even thought there are cf-98's to back it. I have to get re assessed by one of their dr's SOMETIME next year.Lovely.

I did recieve 10% for PTSD, cut and dry. However I have to wait to be "leveled out". When I asked what that was....I will be leveled out in April apparently! I'm glad VAC has crystal balls to tell me come April I'll be as bad or as good as I get.

I took the 10% paid off all but one Bill. Put the rest into savings to pay off my camper hopefully early next year. This will leave me debt free in case I am forced out.
 
If for what ever reason anyone gets turned down (denied) after their appeals, turning to the Legion is the way to go.  I had to go this route after I was turned down on my last appeal to the VA.  I just contacted the local Legion Branch, they put me in contact with their rep from Ottawa. Within 2 days he contacted me by phone, we set up a face-to-face appt, which took place at the Legion within 2 weeks.  I provided him with copies of all the paperwork from the VA and off he went running.  Within 2 months of that meeting, I received a letter from the VA stating that they looked into my case and my monthly payment went from #515.00 to $1,015.00.  I have nothing but praise for that Legion rep!
 
I'm new here but really in need of some help please. I am still kind of clueless, stressed to the max and really need advice or a helping hand. Thank you!


I was in the army from Jan 08 - Sept 2010 Reg force. I passed my BMQ. I did my DP1 infantry course made to week 6 was taken off for shin splints. Went back on another course week 13/14 injured my right shoulder rotator cuff/ac joint during the sgt. demonstration in cqc training. We had a course party that night after the day of training to London, ON so I told them it was injured and didn't feel right at all left it alone. We went for are trip and then were asked to move beds a room to accommodate sleeping arrangements as I was moving the bed my shoulder felt wierd so i let the bed go. I told the NCO's they said when we get back go to mir... I did as soon as we got back. They said they bed movement may have irritated it more but was not enough damage to cause what happened and said it was clearly from cqc. I went back to the shacks and told them what was going on gave them my chit and a NCO said he would have a CF98 filled out on my behalf and get the fellas to write witness statement because I couldn't even tie my own boots up or make a fist even. I had files from mir, civi side xrays. I graduated and was sent to battalion injured. Well of course if your injured as soon as you get there things are going to be said.. Didn't bother me much at first but after missing out on training and not being able to do much it started really bothering me what was being said and how I was being treated so began to drank. Well the problems from there went down hill, and quick. Began a drinking problem got in serious crap from it and extent of problems was charged released with service no longer needed in Sept 2010. When I was at battalion I was going to physio went for 6 months...  went to mri... had surgery. I was on T-CAT until Nov 20... I had my surgery 2 weeks before my release date. The NCO's were telling me it wasn't right and they didn't know that I could be released while on T-CAT. When I asked what I should do and what will I do they told me to contact unemployment and go from there. My fiancee and I had to move back to my hometown with my dad and he is barely making it by and my brother who is 22 also lives with him and has no job because this town has a huge lack of employment (although he is moving out with friends end of feb) and my fiancee had to move back to her hometown 12hrs away due to my father couldn't support all of us while her and myself were waiting for EI (still together just got back from there over holidays). I had my claim injury in about 3 or 4 months priors to my release as I was told to do it by a NCO. I thought the entire time the Canadian forces and VA ware the same organization until after questioning and asking around. After hearing people and talking to people previous members of the forces, family and friends they all said I was crazy for leaving the issues alone and I have rights and what happened to me wasn't right at all. I applied for EI and starting receiving it as I was healing from my surgery. I was unable to make my 3 weeks physio dates due to quick relocation as we couldnt afford to live on are own anymore.. I then contacted VA they told me about what they do and were great and very helpful sent out few documents. Two weeks ago my claim came back....

We are unable to grant you disability award for Right Shoulder Rotator Cuff Tendinopathy and Bursitis (Operated) under section 45 of the canadian forces member and veterans re-establishment and compensation act (CFMVRCA), Regular Force service

Key Evidence
We have considered all of the available evidence including:
-Medical Attendance Record dated 23 Jan 2009, 22 Oct 2009, 10 Nov 2009, and 03 Dec 2009.
-Physiotherapy consult forms dated 26 January 2009 and 02 December 2009.
-MRI dated 12 Feb 2010
-Consultants report dated 27 April 2010
-Record of Operation dated 16 August 2010.
-Medical Examination for Release dated 31 Aug 2010.

Reasons for decision
-Documentation dated 23 Jan 2009 and 26 Jan 2009 indicate that you sustained acromioclavicular joint trauma in your right shoulder when moving a bed and struck shoulder on wall/door frame. 
-However documentation dated 10 Nov 2009 records that you were at battle school, cqc training. wrestling, thrown down and injured your shoulder January 2009.
-Subsequent documentation records that you were treated with physio and eventually had surgery on 16 August 2010 with a postoperative diagnosis of Right Shoulder Rotator Cuff Tendinopathy and Bursitis.
-While there is evidence of a right shoulder injury in 2009, there is no evidence such as a report on injuries witness statements to confirm that you sustained a service related injury to your right shoulder.

Conclusion:
-As a result, we must conclude that your right shoulder rotator cuff tendinopathy and bursitis did not arise out of, and is not directly connected with, your regular force service.


(I was walking at slow pace moving bed and felt pain when i was carrying it and happened to barly move into a door?)
(I also yesterday contacted old NCO through email about my CF98 and he said he has no idea what ever happened to it and doesn't remember because it was 2 years ago and there been 30 courses in and out of there)

I then contacted VA and asked them what happened and why? They told me basically what the letter said.. and was given a number for Bereau of pensions advocates and contacted them they took ym name and number and said could be between 2-4 weeks before I receive a call for a date for phone interview.

VA also let me know my case manager was going to come see me about some of the forms they sent me. I will be seeing her tomorrow afternoon.

I can't live here with my dad he can barly afford to live himself, My shoulder is healed to a certain extent I would say but I can still feel aches, and pains. There is no work here. I went to college for policing/corrections and my fiancée went to university and I am in now so much debt with the huge pay cut, not being able to work for a better hr wage then I get form EI, I was released form the Canadian forces while on t-cat and just received surgery. I had no idea on what and where to go for information and was limited to resources. After talking to many people... I was told to use civi laywers, VA, contact parliamentary board, go to the press all kinds of things. I'm tired, I'm stressed to the max, financial nightmare and as you can imagine not to happy but I still keep my head up and hope for good things and keep going.

All I'd like is to be able to feel comfortable again with my shoulder, be able to get back out in the working field and work my tail off so I can, try to get this debt and mess sorted out and once again be with my fiancée and try to restart a life with her who I been with for almost 4 years. Everyone has finally pushed me over the edge as I was just going to try to figure something out without any help except EI which is not possible in the current situation to go to the next step and not stop until I receive compensation, physio & surgery if needed again, and final answers to how I was released with no back up plan, just receiving surgery and am now in a huge mess!


I am so in depth with the details that I tried not to miss anything if any questions please ask...  I pray someone out there can help me, lead me in some kind of direction on what's next? or give me advice on what I should do? People to contact with information? Anything at all that may help me.

Thank you very much for taking the time to read all of this.

**I will update the post tomorrow with info on how I made out with my case manager**

Thanks again.

UPDATE - After she came she asked me a few questions and what not. She sad over and over how bad she feels for me. She also suggested working at mcdonalds, or tim hortons.. I grabbed the flyer and showed her who is hiring in this town one place and its for welding. Population of 9000 there is no work. She said she would have to go back and talk to her peers but in the mean time she said keep trying for the compensation for your shoulder injury.
Also when the lady and I were talking she was very shocked about the very short notice of release then I had surgery, was on sick leave for 2 weeks then had 2 days to sign/clear out of battalion. She did however advise me I should put another claim in for depression as there is a paper trail for that and can obtain a doctors note.



NCO's have said them self I was doing so well after everything was done and over with and couldn't see me getting the boot unless I had to go to jail for extended time. The left foot isnt walking with the right ... And there is numerous of people who want answers like myself and want this to be looked into and will keep pouring info and trying to get answers from any source needed. The army was suppose to be my step and to do a tour get the experience and then after a few years try for rcmp. The organization always says were a family... Well a family doesn't kick you out with no where to go and limited info. I'll never forget that captain when i asked where to go or whats my next step he said go to service canada and apply for e.i. No help was givin it was a quick release and see ya later...A former member who served almost 30 years I talked to and he broke down and couldn't believe it himself. I do volunteer work here to keep my self busy while on unemployment with the local church, and kids that suffer from autism. The community is ready to back me 100%
:cdn:

 
Buzzy05 said:
While there is evidence of a right shoulder injury in 2009, there is no evidence such as a report on injuries witness statements to confirm that you sustained a service related injury to your right shoulder.

It may be difficult but you need to find witnesses from the time of the injury. Along with that, (but may not be necessary)
a statement/explanation from the instructor as to how the injury was attained would also help your situation.

Buzzy05 said:
As a result, we must conclude that your right shoulder rotator cuff tendinopathy and bursitis did not arise out of, and is not directly connected with, your regular force service.

Their conclusion is based on the lack of witness statements as mentionned above.
:yellow:
 
57Chevy said:
It may be difficult but you need to find witnesses from the time of the injury. Along with that, (but may not be necessary)
a statement/explanation from the instructor as to how the injury was attained would also help your situation.

Their conclusion is based on the lack of witness statements as mentionned above.
:yellow:


Worse part about it is the sgt just lost his leg and arm overseas about 6 months ago so to get any info or contact on him is hard as you can imagine what he is going through to get back on track. In the mean time I have sent several e-mails as I have a few key people who reach me through inbox on army.ca and have provided me with very very useful info. If this site didn't exist I would be in deep water... I see i have miss out on a lot of things, and there was def. somethings that were put under the rug as I was released.
 
57Chevy said:
This is where I am at.
The Veterans Review and Appeal Board of which I attended did not render a favorable decision concerning my condition.
---
---
I know very well that all dealings with Veterans Affairs takes a long long long long time.

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 ?




 
Next step is an Appeal Hearing: http://www.veterans.gc.ca/eng/department/organization/review
Another 21 weeks is what they are claiming.

After that is Judicial Review to the Federal Court.
See the thread about the Ombudsman's report on those. Interesting reading.

Wook
 
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