Author Topic: Critical Injury Benefit  (Read 36247 times)

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Offline RobA

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Critical Injury Benefit
« on: May 07, 2015, 16:44:22 »
Just wondering if anyone has been contacted about this yet? O'Toole saidd VAC was going to contact eligible vets proactively, don't know if that means now, or if they need to wait until it passes in the HoC (whenever that is)


Offline Teager

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Re: Critical Injury Benefit
« Reply #1 on: May 07, 2015, 17:12:03 »
I think it will have to be passed before they contact anyone. If they contacted eligible vets and the bill never passes then they would look pretty bad. My case manager said they don't even have any info on it and they know as much as the rest of us do. Just wait out eventually things will get moving and an answer will be provided. Since Equitas is still in talks they might have some additions to come yet (or not).

Offline dunlop303

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Re: Critical Injury Benefit
« Reply #2 on: May 08, 2015, 14:19:45 »
That would be great, but it raises so many questions. The scenario they offer is someone who was not pensioned received it. Do critically injured pensioned people receive it? What is the criteria? Does it have to fall into a category of injuries or a % of disability?

I'm sure the HoC will have the same questions. Unless I'm not seeing a full bill that others have seen.

Offline Teager

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Re: Critical Injury Benefit
« Reply #3 on: May 08, 2015, 14:25:40 »
Here is the whole Bill. http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=7907037&File=29#1

As far as I know you do not need to be in receipt of a Disability award to receive this benefit. Unsure of how the specifics will be laid out when it's all said and done.

Offline RobA

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Re: Critical Injury Benefit
« Reply #4 on: May 08, 2015, 16:31:10 »
I've read the bill pretty thoroughly, and here's my take from it (just my opinion, I'm not a lawyer or anything, so don't take this as a substitute for any advice from anyone in the know)

Here's the criteria as in the bill:

1) The Minister may, on application, pay a critical injury benefit to a member or veteran who establishes that they sustained one or more severe and traumatic injuries, or developed an acute disease, and that the injury or disease:

(a) was a service-related injury or disease;

(b) was the result of a sudden and single incident that occurred after March 31, 2006; and

(c) immediately caused a severe impairment and severe interference in their quality of life.
   
      Factors to be considered

(2) In deciding whether the impairment and the interference in the quality of life referred to in paragraph (1)(c) were severe, the Minister shall consider any prescribed factors.
      
(3) The Governor in Council may, for the purpose of subsection 44.1(1), make regulations respecting the determination of what constitutes a sudden and single incident.


So, the whole "pensioned or not" thing is irrelevent. As it has to have happened AFTER March 2006, I don't think ANYone in receipt of a pension (under the old charter) would qualify, as I'm pretty sure there are no pensions given out after March 2006.

As for the actual injury, the critical thing is that it needs to be "sudden and severe". There are two words here, "sudden" and "severe" both of which have two meanings. The "sudden" requirement means there needs to be a specific event (or events) one can point too. So, a fall out of a Griffon while rappeling would count. So would an IED attack in AFghan. Busted up knees after 20 years of rucksack marching, or PTSD after a tour of Afghanistan would not.

The "sudden" requierement seems pretty straight forward. It's either a specific event, or it isnt. THe "severe" criteria is a little mushier, and one in which judgement will come into play. IMO, if one gets denied, it will be the "severe" aspect that would be attackable in an appeal. The "sudden" criteria seems much less subjective.

If you qualify in the "sudden" category, all you'll need to do is convince them that it is "severe". THat may be  based on your disability percentage (someone paid out at 100% would likely qualify merely by that fact alone). But I don't think it has to be the only factor. If youu can show that your injury was "severe" you'll prob have a good chance.

I also read this part from the top:

" The purpose of this Act 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. This Act shall be liberally interpreted so that the recognized obligation may be fulfilled."

(emphasis mine). To me, this last part suggests that the "severe" criteria will NOT be judged according to a super strict standard. The "sudden" requirement, which is much less subjective seems to be the linchpin. If you satisfy that, then the "severe" aspect seems to be a judgement call.



Offline Teager

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Re: Critical Injury Benefit
« Reply #5 on: May 12, 2015, 20:51:26 »
Seems that Minister O'Toole wants the Bill passed by June. Seems to be some politics happening between the NDP and Conservatives about passing Bill C-58 and now trying to pass it with budget implementation with Bill C-59. Feel free to have a read. I don't even know who to believe anymore.  :dunno:

https://www.facebook.com/erinotoolecpc/posts/10153271419357667

Offline Teager

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Re: Critical Injury Benefit
« Reply #6 on: May 12, 2015, 20:56:15 »
And here's a bit from the media about it.

Quote

Murray Brewster, The Canadian Press
Published Tuesday, May 12, 2015 10:15AM EDT
Last Updated Tuesday, May 12, 2015 1:22PM EDT
OTTAWA -- The Harper government has stuffed proposed improvements to veterans benefits into the omnibus budget bill, saying it needs to make sure it passes before the next election.
But the move could also silence opposition critics.
It's an unusual tactic, since Veteran Affairs Minister Erin O'Toole had already introduced separate legislation -- Bill C-58 -- to enact the changes, which include a new retirement benefit for severely disabled soldiers, a separate $70,000 injury award and a proposed $7,238 caregivers benefit, among other things.
A look at government legislation that has yet to pass the Commons
O'Toole told the House of Commons veterans committee that he doesn't trust the opposition to pass the bill before Parliament adjourns -- likely next month, with an election scheduled for October.
He pointed to an NDP motion, debated on Monday, which called on the government to recognize its social obligation to veterans and their families, as well as recent statements that the changes don't go far enough.
"It's clear you wanted to delay, and I won't allow a delay to happen when I've made a commitment to veterans," O'Toole said in an answer to a question by NDP veterans critic Peter Stoffer.
The bill was introduced in late March, but has yet to be brought before a Commons committee for detailed study, said Stoffer, who noted that his party actually "likes" the legislation.
"We in the opposition -- I cannot speak for the Liberals -- but we have never indicated a delay in Bill C-58. And to indicate that we have is simply not true," said Stoffer.
He said the effect of putting the changes into the massive budget bill is that veterans groups won't have a chance to comment before Parliament on the proposed changes.
The decision also jams opposition parties, which usually vote against budget bills. Additionally, it provides an opening for the Conservatives in the upcoming campaign to say that the Liberals and NDP voted against improved veterans benefits.
O'Toole's parliament secretary, Ontario Conservative MP Pierre Lemieux, said there's still a possiblity that portions of the budget bill affecting veterans would be open to public scrutiny and comment, but that decision would rest with the Commons finance committee.
Liberal veterans critic Frank Valeriote said he was skeptical that the stand-alone veterans legislation would make it all of the way through before Parliament dissolved, but suggested the government introduced it late in the process.
Since replacing Julian Fantino in January, O'Toole has had the monumental task of rebuilding bridges with the politically-important veterans community, which has grown increasingly outraged over a series of issues, including gaps in the veterans benefits system, regional office closures, and slights by the former minister.
Conservative MPs, who took turns lobbing friendly questions at him during Tuesday's committee meeting, repeatedly returned to the issue of under-spending in the department, which surfaced last fall.
Federal budget records show that since 2006, veterans affairs was unable to spend $1.13 billion of its budget, money that was subsequently returned to the federal treasury.
The revelation created a political firestorm, one that evidently still smarts as O'Toole responded to questions by saying the issue was used to deliberately "sow seeds of confusion" over what is a normal practice of government and emerges during a slow news cycle.
The government's defence -- then and now -- is that departments always appropriate extra funds so they don't run short, especially in service based departments like veterans.
With so many elderly veterans passing away, O'Toole said it's tough for the department to run projections.
"The estimate does not anticipate veterans passing away over the course of the cycle," he said. "We see most of the lapsed funds coming, sadly, when we're losing a large number of our World War Two and Korean veterans. In terms of lapsed funds, this is why."

http://www.ctvnews.ca/canada/tories-set-to-use-omnibus-bill-to-ram-veterans-benefits-through-parliament-1.2370163

Offline blackberet17

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Re: Critical Injury Benefit
« Reply #7 on: June 22, 2015, 13:55:19 »
A Q&A page went up not long ago, and I thought I'd post some extracts. Reminder, this has still not passed through Parliament yet.

Quote
Q3. What is the definition of a “sudden, single and traumatic event,” and why was that chosen?

A3. The phrase “sudden single and traumatic event” refers to one unexpected incident which resulted in severe and traumatic injuries. The defining factor is that the event was singular and the effect of it was immediate; it did not evolve over time.

This benefit was designed this way to respond in part to those Veterans/CAF members who experienced severe injuries, and endured prolonged periods of inpatient care and painful and recurrent procedures where their condition improved to the point they received minimal disability benefits.

The types of events/incidents contemplated for this benefit may include, but are not limited to IEDs, motor vehicle accidents, fires, falls, etc.

Here is an example of sudden service-related illness: If a soldier was in a rollover accident and he or she suffered a deep wound and broken bones, a severe infection could set in. That requires intensive care, surgeries or intubation to recover—this benefit is meant to recognize that struggle. It’s an immediate illness caused by a sudden incident.

Quote
Q9. Would there be a time limit to apply for this benefit?

A9. No. There would be no time limit to apply for this benefit.


Q10. Why would this benefit be retroactive to April 1, 2006, while the other new benefits announced (Retirement Income Security Benefit and Family Caregiver Relief Benefit) were not?

A10. This eligibility date was chosen to coincide with the date of the coming into force of the NVC. Doing so will address stakeholder requests for additional benefits for the most seriously injured under the NVC, and will recognize the high number of severe and traumatic injuries sustained by CAF personnel in the Afghanistan War following the introduction of the NVC.


Q11. How many people are projected to receive this benefit?

A11. It is estimated that more than 120 CAF personnel could receive this benefit by 2019-2020.

Personally, I think the 120 estimate is frighteningly low.

Quote
Q15. I am a Veteran in receipt of a disability award as a result of an amputation due to a critical injury. Would I have to submit an application since you have my information on file?

A15. As part of the Department’s continued commitment to Veteran-centric care, and in order to reduce wait times, where possible, Veterans Affairs Canada employees will proactively contact Veterans who have had severe service related injuries, to discuss this new benefit.

Once enacted in Parliament, if Veterans Affairs Canada has not contacted you and you think you may be eligible for this new benefit, do not hesitate to contact the Department at 1-866-522-2122 (1-866-522-2022 in French) to ask for more information.

And it's non-taxable.
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Offline Teager

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Re: Critical Injury Benefit
« Reply #8 on: June 22, 2015, 14:17:51 »
Thanks Blackberet17. Do you have a link for this?

Offline blackberet17

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Re: Critical Injury Benefit
« Reply #9 on: June 23, 2015, 08:59:40 »
No, sorry. I forgot to mention it is internal at this time. We're still waiting on Parliament to pass the required legislation.

Anyone else notice how all the Conservative ads have the little itty-bitty writing at the bottom, "Pending Parliamentary Approval", or similar wording?
« Ne vous occupez pas d'eux; ils ne savent pas tirer. [...] Il y a des ennemis devant nous, derrière nous et sur nos flancs. Il ne reste qu'une place sans danger, soit vers l'objectif. » Paul Triquet, VC

Offline Teager

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Re: Critical Injury Benefit
« Reply #10 on: June 25, 2015, 12:30:48 »
Well looks like the Bill got Royal assent yesterday so CIB and the other benefits should start to move forward.

Offline dunlop303

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Re: Critical Injury Benefit
« Reply #11 on: June 25, 2015, 13:26:06 »
Thats great, didn't expect it to move so quickly.

What is the time frame usually to pass these once they reach this level?

Offline blackberet17

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Re: Critical Injury Benefit
« Reply #12 on: June 25, 2015, 14:30:25 »
Nothing yet on the external VAC Web site ref Royal assent, but the internal site has been refreshed, and the Q&A I mention above has been updated. I'll read through tomorrow, and advise if I note any major differences.

« Ne vous occupez pas d'eux; ils ne savent pas tirer. [...] Il y a des ennemis devant nous, derrière nous et sur nos flancs. Il ne reste qu'une place sans danger, soit vers l'objectif. » Paul Triquet, VC

Offline dunlop303

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Re: Critical Injury Benefit
« Reply #13 on: June 25, 2015, 14:55:59 »
Interesting,

I re-educated my self on my old law classes on how a bill becomes Law. I thought it needed another step after Royal Assent but I guess it doesn't?
Im tempted to call in and get in que, but ive harassed VAC enough this week. And I am guessing it will take some time to set up there systems ect, as it is not listed as a benefit yet.

Offline PuckChaser

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Re: Critical Injury Benefit
« Reply #14 on: June 25, 2015, 14:59:42 »
Royal Assent is the last step, the GG has signed the bill into Law. Now all the bureaucratic processes need to start to get the money out to everyone.

Offline blackberet17

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Re: Critical Injury Benefit
« Reply #15 on: June 25, 2015, 15:19:15 »
From the refreshed version.

Quote
Q6. Is this benefit available now?

A6. No, the benefit will be available once the regulations have passed.

Q7. Does a CAF member/Veteran who is already in receipt of a disability award as a result of an amputation due to a critical injury have to submit an application, since VAC already has the information on file?

A7. As part of the Department’s continued commitment to Veteran-centric care, and in order to reduce wait times, where possible, VAC employees will proactively contact CAF members/Veterans who have experienced a sudden, single incident on or after April 1, 2006 which immediately resulted in a service-related traumatic injury or disease causing severe impairment and interference with quality of life to discuss application requirements.

Q8. How will a CAF member/Veteran know if VAC is proactively determining if they meet the above stated eligibility requirements?

A8. They will receive a letter from the Department to let them know that VAC has reviewed their information and will be advised that they are entitled to this benefit. This letter will also advise them if additional information is required in order to proceed with an official decision.

Q9. I have received a letter from VAC saying that they are able to waive the requirement for me to apply and that after a review of my information I am entitled to this benefit. In order to receive this lump-sum award, it says to call this number and advise that I accept the offer to waive the application or send a message through My VAC Account (MVA). What do I do next?

A9. The next steps will depend upon how you wish to proceed. Please allow me to verify the information contained in your letter and we will determine the next steps from there

So, some of you may note, Q9 above is different from Q9 I previously posted.

Watch and shoot for more!
« Ne vous occupez pas d'eux; ils ne savent pas tirer. [...] Il y a des ennemis devant nous, derrière nous et sur nos flancs. Il ne reste qu'une place sans danger, soit vers l'objectif. » Paul Triquet, VC

Offline RobA

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Re: Critical Injury Benefit
« Reply #16 on: June 27, 2015, 13:52:37 »
If anyone gets that letter, could they let us know here? So that we'll at least know they are set up to start processing claims.

I agree, I think they're seriously underestimating the number listed, and I imagine that lots of people will eentually qualify that aren't selected in the initial round.

Offline blackberet17

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Re: Critical Injury Benefit
« Reply #17 on: June 29, 2015, 10:31:58 »
Never tried myself in the past, but there is a link here which allows you to subscribe to receive an update once the benefit is approved.
« Ne vous occupez pas d'eux; ils ne savent pas tirer. [...] Il y a des ennemis devant nous, derrière nous et sur nos flancs. Il ne reste qu'une place sans danger, soit vers l'objectif. » Paul Triquet, VC

Offline dunlop303

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Re: Critical Injury Benefit
« Reply #18 on: June 30, 2015, 11:17:50 »
Underestimated for sure, in my squadron of tank drivers alone, there were 12 drivers - 10 hit IED's, 2 were killed and I think only 2 didn't have an immediate injury. So 8/12 drivers who hit IED's that didn't die had some sort or medivac injury. That was one tour.

Offline dunlop303

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Re: Critical Injury Benefit
« Reply #19 on: June 30, 2015, 12:43:58 »
I emailed vac just to see if they had a timeline set up, nothing yet:




Thank you for using My VAC Account and our secure email services.

As part of the Department's continued commitment to Veteran-centric
care, and in order to reduce wait times, where possible, Veterans
Affairs Canada employees will proactively contact Veterans who
have had severe service related injuries, to discuss this new
benefit. However, at this time we have not been provided any
time frames for this to take place. I am sure it will be publicized
or you may check back with our Department periodically.

If you have any further questions or concerns, please contact
us again via My VAC Account or our toll free number 1-866-522-2122.

Offline blackberet17

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Re: Critical Injury Benefit
« Reply #20 on: June 30, 2015, 14:45:34 »
I read it so quickly at first I thought it was the canned response :)

There hasn't been any official word about implementation. If and when I hear something, I'll post.

This is one of those things about ministerial announcements. Looks great on paper, but getting the policies, procedures and guidelines in place takes more time than waving the magic wand, or à la Jean-Luc Picard saying "Make it so."
« Ne vous occupez pas d'eux; ils ne savent pas tirer. [...] Il y a des ennemis devant nous, derrière nous et sur nos flancs. Il ne reste qu'une place sans danger, soit vers l'objectif. » Paul Triquet, VC

Offline RobA

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Re: Critical Injury Benefit
« Reply #21 on: June 30, 2015, 23:10:54 »
Underestimated for sure, in my squadron of tank drivers alone, there were 12 drivers - 10 hit IED's, 2 were killed and I think only 2 didn't have an immediate injury. So 8/12 drivers who hit IED's that didn't die had some sort or medivac injury. That was one tour.

Yup, my platoon in 2007 had 8 IED strikes seperate ly.  All told, I can think of 6 guys from my platoon alone that should qualify.

Theyre either going to have to give out a lot more then they thought or deny a lot of people.

My guess is, this whole "premptive contact" thing likely means they won't be open to applications until after the election.

I can't imagine Harper wants a bunch of vets calling the papers to talk about how they've all been denied this benefit.  At least if you tell them "wait for us to call you" they can get away with  not havi ng to outright deny ppl until after October.

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Re: Critical Injury Benefit
« Reply #22 on: June 30, 2015, 23:45:04 »
You guys haven't been around VAC for long, right? It'll be 6 months before the preemptive contact, then another 6 months to render a decision. You'll be lucky to see money or denials before next summer, election or not.

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Re: Critical Injury Benefit
« Reply #23 on: July 01, 2015, 08:47:10 »
http://www.newswire.ca/en/story/1564605/government-of-canada-delivers-for-canadian-armed-forces-personnel-and-veterans

Government of Canada delivers for Canadian Armed Forces personnel and Veterans

Veterans Affairs Canada to begin implementing three new benefits

OTTAWA, June 30, 2015 /CNW/ - The Honourable Erin O'Toole, Minister of Veterans Affairs, confirmed today that the Retirement Income Security Benefit, the Family Caregiver Relief Benefit, and the Critical Injury Benefit for Canadian Armed Forces personnel, Veterans and their families will come into effect on July 1, 2015.

The Retirement Income Security Benefit will provide moderately to severely disabled military Veterans with continued assistance in the form of a monthly income support payment beginning at age 65.

The Family Caregiver Relief Benefit will provide Armed Forces Veterans with a tax-free annual grant of $7,238, allowing their informal caregivers some relief when they need it, while also ensuring that the Veteran's care needs are being met.

The Critical Injury Benefit will provide a $70,000 tax-free payment to recognize and compensate severely injured or ill Canadian Armed Forces personnel and Veterans.

Quick Facts 

    The Retirement Income Security Benefit will ensure that an eligible military Veteran's total annual income is at least 70% of what he or she received in financial benefits from Veterans Affairs Canada before age 65.
    The Family Caregiver Relief Benefit will provide funds to be used for a wide range of relief options such as covering the cost of having a professional caregiver come into the home or covering the cost for another family member or friend to travel to the Armed Forces Veteran's home.
    The Critical Injury Benefit is being paid to eligible Canadian Armed Forces personnel and military Veterans who have suffered a service-related sudden traumatic injury or developed an acute disease and works in concert with existing services and benefits so that there is a continuum of support from the onset of a traumatic injury or disease.
    These benefits are part of the Government of Canada's response to the June 2014 House Standing Committee report on Veterans Affairs on the New Veterans Charter. These benefits are in addition to other enhancements of benefits for part-time Reserve Force personnel, expanded eligibility criteria for the Permanent Impairment Allowance, and the hiring of new case managers and additional staff for disability benefits, previously announced by the Minister
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Offline blackberet17

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Re: Critical Injury Benefit
« Reply #24 on: July 02, 2015, 15:22:51 »
Posted online today:

http://www.veterans.gc.ca/eng/services/after-injury/critical-injury-benefit

Quote
The Critical Injury Benefit is a tax-free lump sum award.

Eligibility details

Canadian Armed Forces members or military Veterans may be eligible if they experienced a severe and traumatic injury or acute disease which:
•was service-related;
•was the result of a sudden and single incident occurring on or after April 1, 2006; and
•immediately caused a severe impairment and interference in quality of life.

Severe impairment and interference in quality of life
For the purposes of the Critical Injury Benefit, at least one of the following must apply to you:

Amputation
•An amputation at or above the wrist or ankle

Conditions of less than 12 weeks
•Admitted to intensive care for at least five days.
•Hospitalized and received complex treatment.

Conditions that lasted 12 weeks or more
•Hospitalized
•Blind in both eyes
•Paralysis of one or more limbs
•Loss of control of kidneys, bladder or bowel

Conditions that lasted 16 weeks or more
•Required assistance with three or more of the following activities: eating, bathing, walking, toileting or transferring (e.g. from bed to chair)

Before you start

First time applying for a VAC benefit

You must confirm your identity with one piece of current and valid ID.

Acceptable documents include:
•Driver's licence (provincial)
•Provincial health care card (excluding Alberta and Manitoba)
•Certificate of Indian Status or Secure Certificate of Indian Status
•Vital statistics documents: birth certificate, marriage certificate
•Employee identification card (federal, provincial or municipal)
•Canadian passport
•Other provincial identification card
•Other federal identification card

Proof of identity is also needed for any spouse, common-law partner and/or eligible dependent child who may also benefit from the program.

If you are applying in person, you can take the original of an acceptable document listed above and VAC staff will photocopy it for your file.

If you are applying by mail, please photocopy one of these acceptable documents and attach that to your application. Please write the Veteran’s service number on the photocopy. Do not send original documents to VAC.

There's an "Apply Now" button, plus the 1-866 number, a link to help you find an office, and if sending an application by mail, an address.

There is a "Rates" link, but it's a non-starter at this time.
« Ne vous occupez pas d'eux; ils ne savent pas tirer. [...] Il y a des ennemis devant nous, derrière nous et sur nos flancs. Il ne reste qu'une place sans danger, soit vers l'objectif. » Paul Triquet, VC