DND/VA HELP PLEASE!

[Greymatters]

(US) VA Simplifies Compensation Rules for PTSD

http://www.defenselink.mil/news/newsarticle.aspx?id=55597

WASHINGTON, Aug. 24, 2009 – The Veterans Affairs Department is taking steps to help veterans seeking compensation for post-traumatic stress disorder, VA Secretary Eric K. Shinseki announced today.

...VA is publishing a proposed regulation today in the Federal Register to make it easier for a veteran to claim service connection for PTSD by reducing the evidence needed if the stressor claimed is related to fear of hostile military or terrorist activity. Comments on the proposed rule will be accepted over the next 60 days, and a final regulation will be published after consideration of all comments received, VA officials said.  Under the new rule, VA would not require corroboration of a stressor related to fear of hostile military or terrorist activity if a VA psychiatrist or psychologist confirms that the stressful experience recalled by a veteran adequately supports a diagnosis of PTSD and the veteran's symptoms are related to the claimed stressor.  Previously, claims adjudicators were required to corroborate that a noncombat veteran actually experienced a stressor related to hostile military activity. This rule would simplify the development that is required for these cases, officials explained...

 

[riggermade]

Finally got a doctors appointment on 16 Sept, of course I have to drive North Bay.  Blowa me away that livivg next to the largest base in Ontario you still have to go to Ottawa or North Bay to dee one of their doctors.

 

[X-mo-1979]

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

I'll tell yah what I got the biggest issue with.One member I know hurt his back back in 2002,he gets 680 dollars every month for the rest of his life.To get 60% lump sum for a back your in a wheel chair.The max payout is 250000..and that isnt happening for a 60% back disability.

What do you have then?

So heres two guys.One is going to get a paycheck to aid in helping out with his family.Not to mention he is still fit for work.However if he wishes to switch to civilian work to have a easier life on his back he has a income.What does the lump sum of 5000 dollars do?Sweet F all.

I'll tell yah the boat I'm in right now.
My leg is messed up bad.It is constant pain,constantly popping out of joint due to missing and ripped tendons.I have kids and a wife I support.

So what the hell do I do?Basically I have come up with one option of suffering through the ruckmarchs and runs etc and applying for a OT to a easier job.Why?Because I joined the army at 17 years old and have zero education.I have nothing to fall back on.And if I were to actually go and claim how bad this leg is I would get medically released with a couple thousand dollars and a boot in the ass.

Keep in mind this leg would be worth about a grand a month 6 years ago.A pension to use to aid my family,as the reason I am a gimped up 28 year old is due to my service to my country.

What do you honestly thing ripped tendons are worth?2% of what a leg is worth.....maybe.

 

[BinRat55]

Are you serious? It sounds to me as if you beleive the minute you apply to VAC you will be released. Slow down - there's a longer process than that. If you can "suffer" through ruck marches and runs, then you just may still meet your MEL's AND qualify for a disability award. And it's not a simple "2% of 250,000" either. The CF will take some or all the blame for your injury. Sometimes it's pretty cut-and-dry. Sometimes it ain't. This is decided in "fifths". In my case, the CF took full responsibility for my injuries. I was awarded 5/5ths. The second part of the formula is in percent. This is based on a number of factors - quality of life, pain levels, extent of injuries, etc... A VAC doctor will more than likely assess these factors based on a visit with you and the board will provide a percentage.

If you are awarded 3/5ths @ 33% it will look something like this:

$267,364 * .67 (3/5) = 179133.88

179133.88  * 33% = 59114.18

So, for someone in this boat who qualified for an award and meets his/her MEL's it's not too bad. Works out to about 500 a month for 10 years. Definately not as good as the monthly pension, but one could straighten a life out with that kind of dough.

And did I mention that once you qualify, you are entitled to full medical care and some other nice, helpful things.

 

[X-mo-1979]

Are you serious? It sounds to me as if you beleive the minute you apply to VAC you will be released. Slow down - there's a longer process than that. If you can "suffer" through ruck marches and runs, then you just may still meet your MEL's AND qualify for a disability award. And it's not a simple "2% of 250,000" either. The CF will take some or all the blame for your injury. Sometimes it's pretty cut-and-dry. Sometimes it ain't. This is decided in "fifths". In my case, the CF took full responsibility for my injuries. I was awarded 5/5ths. The second part of the formula is in percent. This is based on a number of factors - quality of life, pain levels, extent of injuries, etc... A VAC doctor will more than likely assess these factors based on a visit with you and the board will provide a percentage.

If you are awarded 3/5ths @ 33% it will look something like this:

$267,364 * .67 (3/5) = 179133.88

179133.88  * 33% = 59114.18

So, for someone in this boat who qualified for an award and meets his/her MEL's it's not too bad. Works out to about 500 a month for 10 years. Definately not as good as the monthly pension, but one could straighten a life out with that kind of dough.

And did I mention that once you qualify, you are entitled to full medical care and some other nice, helpful things.

Cheer's
I am believe I am not going to meet my MEL's.In regards to the fifths is that 5/5 if I have a battle group commander signature saying it was directy related to military service in a combat area,would that be 5/5 or am I confused.

 

[riggermade]

Cheer's
I am believe I am not going to meet my MEL's.In regards to the fifths is that 5/5 if I have a battle group commander signature saying it was directy related to military service in a combat area,would that be 5/5 or am I confused.

They will look at your complete medical history.  When I won my appeal my arguemeny for my knee, hip and back were all the same but because I had one incident outside work they only gave me 3/5 for my back and 5/5 for my knee and hip.

 

[Eye In The Sky]

I am still trying to wrap my head around this 1/5  5/5 stuff you guys are talking about.  Mine is pretty simple...10% disability lumbar spine area...I never heard of this 5/5ths and blah blah blah. 

I don't believe, however, that what DVA assess's you at has much of a bearing on your Med Cat.  DVA says I have a disability at 10%, yet my Med Cat is 1-1-1-2-2-2 and I've never had ay MELs. 

I called for an update on my file WRT ancillary beneits (got married last June) and was told there is a minimum 18 week backlog in that department.  They must be hurtin' staff-wise...its pretty simple.  They take my marriage certificate, add it to my file, click the "married" box on my electronic profile, calculate my backdated benefits and mail out the letter to me.  18 weeks to wait for 10 minutes work.  Wow.

 

[X-mo-1979]

I agree eye in the sky
I have never heard of the 5th's either.Ever brief we had by VAC has been a percentage.Not to mention hearing good buddies who were injured on our tour talking about getting 10% pension for their arm being all messed up etc.

I know of one who gets 5% for a leg due to the damage from a IED.Ony 5 % of his leg is messed in their opinion so he gets 5% of what a leg is worth.

I also had a buddy who only lost a percentage of toes...he was originally told he didnt "lose enough" to get a pension!That later was changed and get got 2000 bucks for a couple toe pieces missing.

 

[Eye In The Sky]

I think *some* of the new charter is better for us (rehab, retraining if released, etc) but the "lump sum payment", new tables etc for pension/payouts seems to be a kick in the junk IMO.  I feel guilty getting $320 a month for a jump injury in peacetime, while guys/gals are coming home from a theatre with injuries and they are getting the shaft (again, IMO).

 

[Occam]

I am still trying to wrap my head around this 1/5  5/5 stuff you guys are talking about.  Mine is pretty simple...10% disability lumbar spine area...I never heard of this 5/5ths and blah blah blah. 

If you go back and read your award letter, you'll see how it was calculated - and there was a "Pension Entitlement" assessment given to you for your condition.

From http://www.vac-acc.gc.ca/clients/sub.cfm?source=dispen#a03

Pension Decision

Pension Entitlement is

    * Based solely on the relationship between service and disability;
    * Awarded in fifths: from one-fifth (1/5), if service played only a minimal part in the cause or worsening of the disability, to five fifths (5/5) if the disability was incurred during, or was caused in its entirety by military service;
    * Entitlement may also be awarded for a disability which is a consequence of a pensioned service-related disability.
    * Guided by Entitlement Eligibility Guidelines, policy statements used in determining the relationship of your medical condition or disability to military service.

Entitlement Eligibility Guidelines

Thirty-five Entitlement Eligibility Guidelines were implemented on May 1, 2002 addressing approximately 50 commonly claimed medical disabilities. Two additional Entitlement Eligibility Guidelines have been implemented on April 1, 2006. The Entitlement Eligibility Guidelines (back) are now available for viewing. These Entitlement Eligibility Guidelines replaced portions of the Medical Guidelines publication. The only medical guidelines, within the current Medical Guideline publication, that are still in effect, are those guidelines for which there are no released EEGs.
Frequently Asked Questions: Entitlement Eligibility Guidelines(back)
Assessment of Disability

    * Relates to the level and the extent of the disability;
    * Established by the information provided with the application; where information is insufficient, a medical examination is arranged with a VAC doctor;
    * Ranges between 0% and 100%;
    * Based on VAC's Table of Disabilities (back) to ensure similar assessments are awarded for similar disabilities.


Pension Payable

The pensionable assessment, which is determined by multiplying the entitlement (1/5 to 5/5) by the assessment (1% to 100%), determines the rate of pension payable, e.g. 3/5 x 25%=15% pension. When there is more than one pensioned disability, the assessments are combined:

    * between 1% and 4% results in:
          o a one-time lump-sum payment - there is no monthly pension.
    * 5% or more results in:
        1. payment of a monthly pension which is indexed annually on January 1st;
        2. an additional sum paid to the disability pensioner on behalf of:
              1. a spouse/common-law partner, but not a former spouse/former common-law partner;
              2. children under age 18, or between 18 and 25 if studying full-time, or if incapacitated;
              3. some restrictions apply.

 

[Eye In The Sky]

Tks for that info...but my pension was filed/approved in '05, so I am one of the "old charter" guys.  I don't recall the 5ths stuff on anything I ever received from DVA, hence me not really wrapping me head around it.

And...well I am kind of SMRT to boot so... ;D

 

[Occam]

That is the method for calculating the Pension Act payments. 

New Charter people get lump sums, remember?

I guarantee you'll find a "Pension Entitlement" figure on your award letter.  I have a tinnitus pension at 5% x 5/5 = 5% (under the Pension Act).

 

[riggermade]

Just an update on my case

Saw the Doc in North Bay 16 Sept,  three weeks to the day I was called and told a cheque was cut, received it last week and am now awaiting the paperwork to see what exactely has been decided on my condition

 

[BinRat55]

Riggermade - I see the doc in Saint John on Monday. I was awarded 5/5ths in April on appeal. I was told that my file HAD to be closed NLT June ... of 09!!! I have 5 seperate diagnosis (both shoulders) - maybe that's what is throwing it off...

 

[riggermade]

I had rt knee, rt hip, back and the doc relooked at my feet although they didn't change their decision on that

 

[Gavin Flett]

I'm not sure if this is how I Post a message as this will be the first time I do so. But I was injured in 08 and am now having issues with VAC as to my level of compensation, plus I'm staring down the barrel of a 3B release. If there are any other soldiers out there who are experiencing the same treatment then email me at gavin_flett@hotmail.com and we can discuss issues there.

I'm after changing the system of how they deal out their compensation and I need help. From what I read, there are a lot of you out there and I hear your anger. So I'm urging you to all to contact me, I know if we make our cases known then we can get policy changed.

Plus does anyone know where I can find a copy of how DVA assesses each injury and how much each injury is worth?

 

[the 48th regulator]

VAC Services and Benefits

VAC Disability Rate Charts


Since you state you are releasing 3B, you will be advised by your local IPSC/JPSU where you will be placed on the VOC rehab program now being run by VAC.

dileas

tess

 

[pinger206]

Hello,

    I'm just a newbie here, but not with dealing with the DVA. My 20something% under the old charter is from the 80's. Some very good points and links from occam and 48 reg. What helped me the most was/is keeping every shred of paperwork, x-ray, specialist, rehab. report, you name it. I think my civie doc even has my 30 y/o MIR files. Bureau Pen. Adv. helped me a long time ago, but now their... cubicle, is inside the DVA office (arms length?). Anyone got thoughts on the QOL questionaire? How often you get it and what if any  impact it really has? I thought it was for flipping survey purposes!
Someone was wondering about examples or case histories? I think the tab is buried in the VRAB site. Pages of real cases. Their Act is very informative as well. Knowledge is power. pinger.
  A fifth of what!    

 

[BinRat55]

Just an update on my case

Saw the Doc in North Bay 16 Sept,  three weeks to the day I was called and told a cheque was cut, received it last week and am now awaiting the paperwork to see what exactely has been decided on my condition

Rigger - they told me 12 - 16 weeks!! 3 weeks is pretty fast... (the doc told me 22% not including the QOL factor...)

 

[BinRat55]

Rigger - they told me 12 - 16 weeks!! 3 weeks is pretty fast... (the doc told me 22% not including the QOL factor...)

Rigger - got it in 5 weeks!