Reference VRAB and the Federal governments hugest embarrassment yet, when dealing with veterans - Pat Stogran
Reference VRAB and the Federal governments hugest embarrassment yet, when dealing with veterans
(See Veterans Affairs Canada , VRAB and the Federal governments hugest embarrassment yet, when dealing with veterans...)
VVi 24 Feb 2011 db/ar
While I was the Veterans Ombudsman, many Veterans who have a stake in an Ombudsman that will ensure the system treats them fairly gave me copies of their decisions where it is clear that the intent of the Benefit of the Doubt legislation had been perverted to the detriment of Veterans. In fact, there are occasions where Board members have stated openly that their decision was arrived at based on the Balance of Probabilities.
I have also spoken with many departmental adjudicators and Board members who have demonstrated a superficial understanding of the concept, inconsistent interpretations of the interpretations, or a interpretation that is clearly based on the balance of probabilities. Too many times I have been told that BOD means when the evidence is 50/50 for and against the Veteran or applicant, the decision is made in favour of the Veteran or applicant. Clearly, when the legislation directs that doubt is to resolved in favour of the Veteran or applicant, any reference to a “balance of justice” is wrong!
Attached is a paper that describes an interpretation that better reflects the intent of BOD legislation and is supported by the decisions of the Federal Court.
Looking forward to the day that the treatment of disabled Veterans is commensurate with the sacrifice and faith that they have demonstrated to our Country.