Created  with
 db QwikSite Personal
Not for Commercial Use     

All_Records More Info.

OnLine Database
All Records Word Search Query-Record Type

All News

Query-Article Type

All_Records More Info.
Ser282
Article Date22-12-2009
Record TYPEArchive
Article TOPICVRAB
Article TitleVRAB Legal Delays
Article ContentVRAB Legal Delays
(Extracts)
TABLE A: DISABILITY APPLICATIONS / APPEALS / REFUSALS
 
PERIOD   DETAIL AVERAGE / YR.
31-3-23 to 31-3-49 Disability Pensions Awarded                  >884
31-3-23 to 31-3-49 Refusals                                                     >4,076
1988 – 89   VRAB Appeals presented and waiting    3173 1989 – 90    VRAB Appeals presented and waiting     3246 1990 – 91    VRAB Appeals presented and waiting    3081 1991 – 92    Appeals to VRAB                                            2403 1992 – 93    Appeals to VRAB                                            2338 1993 – 94   Appeals to VRAB                                            1742 1994 – 95   VRAB Cases Received    2413 1995 – 96    VRAB Cases Received   1319 1997 – 98    Review and Appeal Hearings Presented 10093  
For the 9 annual periods presented above (from 1988 – 89 to 1997 – 98 inclusive) the average number of cases (i.e., including applications and appeals) at the Veterans Review and Appeal Board (or the Veterans Appeal Board) have been 3,312 / year. Along with highlighted cases within this Hon. Court dealing with similar claims/grievances (i.e., TABLE A: SIMILAR CASES WITH DECISIONS AGAINST THE VETERANS REVIEW & APPEAL BOARD, previously submitted Dec. 9, 2006) which indicate a success rate of just under 70%, these above figures are a blatant testimony to the VRAB’s deviation from its mandated obligation to veterans like myself over the period cited (i.e., 31-3-23 to 1997, non-continuous) and to date. The fact that these statistics are not readily available for all years and apparently since 1997-98 strongly suggests that the VRAB are deliberately hiding (and stalling on) the claims and appeals with which it has to deal.   As explained elsewhere, these deviations from legislation at three separately cited levels question the integrity of the VRAB and justify and independent review of its behavior along with an independent settlement to the Applicant’s claims.  
(Refer to ‘J’ in Bibliography)  "http://www.oag-bvg.gc.ca/domino/other.nsf/lookupBanners/images/$file/p_oagcrest.gif"
 "http://www.oag-bvg.gc.ca/domino/reports.nsf/a1b15d892a1f761a852565c40068a492/7f701f52d2dd0aef852566c60052806a?OpenDocument" 1998 Report of the Auditor General of Canada - December - Chapter 23 - Main Points - Veterans Affairs Canada - Disability Pensions
23.4 The quality and consistency of the services provided in the preparation of first applications could be improved through greater use of standardized guidance materials and training for all those involved in the preparation of first applications. The table of disabilities, which is used in determining the nature and extent of disability for pension purposes, provides limited guidance for assessing the extent of some disabilities. To ensure consistent and high-quality disability pension decisions, the Department needs to improve its guidance materials that facilitate entitlement and assessment adjudications.
23.5 Veterans Affairs Canada does not provide reasons for assessment decisions. There is a need for the Department and the Veterans Review and Appeal Board to regularly analyze the reasons for overturned pension decisions. 
23.6 Veterans Affairs Canada is not fully utilizing the departmental review process. This process was put in place by pension reform legislation and allows certain initial decisions to be reviewed more efficiently and in less time than a formal review request to the Veterans Review and Appeal Board. 
(Refer to ‘K’ in Bibliography) "http://www.oag-bvg.gc.ca/icons/ecblank.gif" "http://www.oag-bvg.gc.ca/domino/reports.nsf/a1b15d892a1f761a852565c40068a492/bb599520801a14e9852565d900726a91?OpenDocument" 1996 Report of the Auditor General of Canada - May - Chapter 12 - Veterans Affairs Canada - Health Care
 
12.80 Veterans Affairs should gather adequate empirical evidence to demonstrate the success of the Program in achieving its objectives and the impact on recipients' health.
       
Table A2: Disability Pensions
 
Source Details
A
In force at April 1, 1961 = 150,926
B
Awarded between 31-3-23 & 31-3-49 = >23,000
B
Refusals between 31-3-23 & 31-3-49 = >106,000
C (from Table 19, p.63)
BPA Applications submitted to Canada Pension Commission (CPC) for 1988-1989 = 9,390; for 1989-1990 = 9,851
VAB Hearings: 
Incoming requests for appeals for 1988-1989 = 2,065; for 1989-1990 = 2,162
Appeals presented for 1988-1989 = 2,332; for 1989-1990 = 2,363
Appeals awaiting hearing at March 31 for 1988-1989 = 841; for 1989-1990 = 883
 
D (from Table 20, p.65)
BPA Applications submitted to Canada Pension Commission (CPC) for 1990-1991 = 10,522
VAB Hearings: 
Incoming requests for appeals for 1990-1991 = 2,154
Appeals presented for 1990-1991 = 2,160
Appeals awaiting hearing at March 31 for 1990-1991 = 921
 
E (from Figure 4, p. ‘4-10’) Actual Appeals to VAB for 1990-91 = 2,154; for 1992-93 = 2,403; for 1993-94 = 2,338
F (from Figure 4, p. ‘4-11’) Actual Appeals to VAB for 1991-92 = 2,403; for 1992-93 = 2,338; for 1993-94
G (from Figure 7, p. ‘3-13’) Veterans Appeal Board Program: 
Cases received for 1993-94 = 2,485; 1994-95 = 2,413; 1995-96 = 1,319
Cases withdrawn for 1993-94 = 179; 1994-95 = 96; 1995-96 = 35
Decisions promulgated for1993-94 = 2,203; 1994-95 = 2,110; 1995-96 = 1,067 
H (from p. 23)
Pensions Advocacy:
Review Hearings Presented = 7,360; 2. Appeal Hearings Presented = 2,733
 
 
Bibliography
 
Canada . Department of Veterans Affairs, Annual Report 1961-1962, Ottawa : Queen’s Printer and Controller of Stationery, 1962, 112p. ---. ---, Report of the Work of the Department of Veterans Affairs, Ottawa : Printer to the King’s Most Excellent Majesty Controller of Stationery, 1949, 154p. ---. Veterans Affairs, Veterans Affairs Annual Report 1989-1990, Ottawa : Minister of Supply and Services 1991, ISBN 0-662-58100-8, p. 70(E), p.78(F).
---. Veterans Affairs Canada , Part III – Expenditure Plan, Ottawa : Minster of Supply and Services Canada 1994, ISBN 0-660-59076-X. ---. ---, ---, --- 1995, ISBN 0-660-59729-2.
---. ---, ---, --- 1996, ISBN 0-660-59915-5.
Canada . Veterans Affairs Canada , Part III – Report on Plans and Priorities, 2005 – 2006 Estimates, Ottawa : Public Works & Government Services Canada , ISBN 0-660-62815-5, 54p(E), 56p (F) . ---. ---, Estimates: Performance Report, Ottawa : Minister of Public Works and Government Services Canada 1998, ISBN 0-660-60681-X, p. 55.
---. Auditor General (1998). Disability Pensions, Retrieved April 13, 2007, from the World Wide Web:  HYPERLINK "http://www.oag-bvg.gc.ca/domino/reports.nsf/a1b15d892a1f761a852565c40068a492/7f701f52d2dd0aef852566c60052806a?OpenDocument" http://www.oag-bvg.gc.ca/domino/reports.nsf/ a1b15d892a1f761a852565c40068a492/7f701f52d2dd0aef852566c60052806a?OpenDocument.
---. --- (1996). Health Care, Retrieved April 13, 2007, from the World Wide Web: HYPERLINK "http://www.oag-bvg.gc.ca/domino/reports.nsf/" http://www.oag-bvg.gc.ca/domino/reports.nsf/ a1b15d892a1f761a852565c40068a492/bb599520801a14e9852565d900726a91?OpenDocument
 
 Refer to Table A2 – Disability Pensions and accompanying Bibliography for sources used.  Actual / yr when only referring to a single 12-month period.
 Awaiting confirmation from the Auditor General due to due to discrepancies between ‘F’ & ‘G’ (see Table A2 – Disability Pensions)  Representing a total for WW I and WW II.
 BPA = Bureau of Pensions Advocates
 Refer to footnote #5.
 Denotes English (i.e., ‘E’) portion of this publication.  Denotes French (i.e., ‘F’) portion of this publication.
Supplement 
Eval SOURCE RELIABILITYF - Unknown
Eval INFO CREDIBILITY6 - Not Judged
COMPONENTVAC
Source 
Source URLhttp://
Related External Linkhttp://
Additional Link 
Periodical Issue
Periodical No(eg: 200929)
VVi Contributor 
ACTION GENERAL