Chg of Release Status to Medical

[alfa_uno]

Hey Brothers,
First post, be gentle on me. I’ll try to be brief. What started as a “suggestion” from VAC a couple of years ago to have my release category changed from vol to med, so my pension would be indexed,  has become a freakin “nightmare”.  After 3 requests to DCMA, and significant coin on my part for a lawyer to chg rel status all 3 said no. Long story short, vol released but VAC says I’m 116% disability. PTSD hit me big time after I was out. All I want is my pension to be indexed like med released mbrs. Here’s the last thing DCMA sent me.

“…I conclude that … the prognosis made from the medical information acquired during your release medical was too optimistic in regard to your long-term level of functioning. ..I agree that the new medical information now made available through the evolution of your condition informs us better on your long-term prognosis …as such, I can now determine that you should be considered disabled. In summary, I found the assignment of your Reg F release item 4(a) to be valid and not a result of any errors. Notwithstanding, you have to be considered disabled in accordance with the definition provided in section 2(1) of the CFSA at the time of release.
To this end, it is recommended that you consult with the Centre-DCSM, VAC and SISIP.”

WTF? The Centre and VAC is who told me to start all this BS in the first place and SISIP won’t even look at you if you weren’t “medically released”.  I just want my pension indexed, where do I go now??? Is CFSA an actual organization? Who’s actually doling out the money? Can I talk to someone there? They’ve actually got themselves saying I should be considered disabled for the purposes of the CF Superanuation Act!
Tks for listening to my vent.

 

[Cdnleaf]

"Is CFSA an actual organization? Who’s actually doling out the money?"

Canadian Forces Superannuation Act:

http://laws-lois.justice.gc.ca/eng/acts/c-17/

 

[maniac]

I feel for you but you are not the first.  There is some documentation to support that decision which I will try to drag up.  They are basing there decision at the "time of release".  If you live in Ontario try this.  Google "Ontario Trial Lawyers for Veterans",  probono service for cases like yours.  Other provinces??????

 

[alfa_uno]

Thanks for the comments. I know the CFSA is a law. I'm just a bit twisted over the fact that indexing only happens for medical release, when i know lots of guys that are busted up and hurting way more because symptoms didn't manifest themselves until after vol release. Did they ever consider that some of these guys vol released BECAUSE they were injured and didn't even know it. As was my case. PTSD was the farthest thing from my mind. I just thought that I was burnt out from the military and everything would be fine again once I got away from it. Wow! Big reality check! Things just went from bad to worse. My PTSD is a direct result of my service, and they failed to diagnose it correctly, therefor it went untreated and just got worse. But make no mistake about it, I WAS injured at the time of release. I know alot of other guys in this boat and VAC's advise is to apply for chg of release. I was told it's "easy" in fact practically a "slam dunk". Well D Med Pol must have changed thier policy on it because it's anything but a slam dunk. In fact i'm told that it is no longer possible! Sorry for venting guys, but this has messed up my life big time (not to mention that of my family). NO amount of compensation will give me back the lost years of my life.

 

[Occam]

Just tossing this out there, but perhaps you're tackling this from the wrong direction.

If you're disabled and unable to work, is applying for Canada Pension Plan disability benefits an option?  If you meet the criteria for CPP disability benefits, you can then tell CFSA to start indexing immediately.  You'll suffer the CPP clawback immediately instead of at age 65, but you get your indexing.

 

[alfa_uno]

Is your username a reference to Occam's Razor? Just wondering. Tks for the advice, I'll take all I can get. That may be an option that i'll have to look at. I'm working right now, but i'm barely hanging on. If assuming I'm eligible for CPP disability, how does that indexing directive get to the pension folks?

 

[Occam]

You're correct on the username reference.

If I remember the presentation from the pensions office at my last SCAN seminar, they simply said "Just let us know if you start drawing CPP disability and we'll start indexing".  I would presume a letter stating you've been approved for CPP disability would keep them happy.

 

[Cdnleaf]

(false) expectation based on misinformation is a mother of all duck-ups. So is playing the comparison game and it's tough to go at this without some degree of hindsight bias. Having said that provided the definition of disabled 2.1 “disabled”, as applied to any member of the regular force, has reference to any condition rendering him mentally or physically unfit to perform his duties as such member;  You could make the argument that you lacked the mental fitness to make an informed decision regarding your release item. Cite burnout as you mentioned etc. lack of PTSD awareness, treatment / diagnosis / cultural stigma etc.  Regrettably you made the decision to voluntarily release without being fully medically informed/aware about the jeopardy of your decision and medical condition etc. Yourself and family have been suffering greatly since then etc.  DMCA notes the erroneous optimism (in writing) and acknowledges that you should be considered disabled (in writing). Forget what everyone else is doing and focus on recovery and your family. Also fire your lawyer. If you meet the conditions of a disabled person under provincial employment guidelines; have your employer hire you that way - tax benefits to them. 

(edit.) you will have to make the argument / display that you were symptomatic at the time.  Having paid into SISIP for xx years, you need access to programs / income support to enable your recovery; that were otherwise unavailable. Indexing will come second. Also, delayed onset PTSD is somewhat rare so you're fighting that one and hence the need to focus on your physical/mental baseline at time of release. 

http://m.bjp.rcpsych.org/content/194/6/515.full.pdf

 

[alfa_uno]

Thanks for the post cdnleaf. All opinions are welcome as I’ve lost total perspective on this now. 3 kicks at DCMA and all 3 said no, gets me doubting MYSELF. I thought I had made the case that I was symptomatic at the time of release (and before), but apparently not in their eyes. Thanks for reminding me to focus on me and my family. Believe me, I have been working hard on that. 
I saw the MO back in 04 when I had virtually a meltdown at work. My wife finally said “that’s it, you need help. Get some, or we’re done”.  So, got diagnosed with depression right off the bat. I told them my marriage was on the rocks, so they immediately linked those two together. Like I said, I didn’t know any better, I never even heard of PTSD at the time.  So I was symptomatic way back then. My injury was sustained in 2001. I was suffering with PTSD but just didn’t know what it was. It was the PTSD that caused the marital problems.

This little tidbit was also attached to the letter from DCMA from LCol Colleen Forestier Head Medical and Policy Standards DMedPol.
“..since that time, x has become quite ill with PTSD. In hindsight, he likely had some symptoms while serving in the Reg Force but was managing to function despite them. Since release, the symptoms have become much worse and have resulted in significant incapacitation. Delayed onset of PTSD symptoms is not unusual. The Specialist report dated 24 Jan 2011 confirms the diagnosis of PTSD and the psychiatrist states that there is no doubt that his PTSD is related to his Reg Force employment. This new information suggests that the MEL’s given at the time of his release were not reflective of his prognosis. This was due to the fact that x had not received care for his condition and the diagnosis was not known.”
The MEL’s that best reflect his situation are:
Requires regular medical follow-up more often than every 6 months, unfit military operational environment.
Seems to me they contradict themselves right in the same letter. I don’t know what to think anymore. I can show you whole thing if you’re interested in chatting off-line. I’m just sick of them talking out both sides of their a** and trying to squirm out every chance they get.
Tks