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Qualification for the $70 000? Pension Act and NVC

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Re: Qualification for the $70 000? Pension Act and NVC

Post by Guest on Fri 03 Apr 2015, 14:09



CRITICAL INJURY, DISABILITY, DEATH AND DETENTION



9. Section 42 of the Act is replaced by the following:


Non-application of this Part



42. This Part, other than sections 44.1 to 44.3, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act



44.1 (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.

yup by the propose legislation it looks to me that you qualify . but I guess we will have to wait and see.

propat

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Re: Qualification for the $70 000? Pension Act and NVC

Post by Guest on Fri 03 Apr 2015, 13:32

The benefit of doubt always goes to the soldier (tongue in Cheek).....I agree with teen!

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Re: Qualification for the $70 000? Pension Act and NVC

Post by Teentitan on Fri 03 Apr 2015, 13:16

Redfisher in all honesty...you are a litmus test for the CIB (Critical Injury Benefit).

IMO you were cleared to go to Afghanistan. Your major PTSD occured in Afghanistan post 1 April 2006 so to me you would qualify for CIB.

Now here's the reality...we have to wait for the final 'checklist' to see if you will qualify. You may be the person with the application the OVO will be very interested in following.
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Qualification for the $70 000? Pension Act and NVC

Post by redfisher on Fri 03 Apr 2015, 12:53

Here is an interesting question which I have been pondering for a while and perhaps you guys can share your thoughts on this.

I had been receiving a small amount of VAC Pension prior to April 2006 for PTSD. Before 2006 I had councelling and medical help that enabled me to work without any problems. I met the Universalality of Service standards in the Military and life carried on. In 2005 I was called up to goto Afghanistan, I did all the training, passed all the medical and psycholigical requirements and the military sent me to go enjoy the amazing Afghani culture in 2006.

The shit hit the fan Hard and we lost alot of guys in a few short months. Then my brain took a tour on its own and dragged me along. The PTSD went on a rampage and I was medically sent home. Back home I went through the next two years of brutal hell in which the CF finally medically release me because of the PTSD. I have not worked since.

In 2011 or 12 I re-applied to VAC for PTSD and they increased my Pension dramatically. But, now here is the kicker, although I applied after 2006 for the PTSD but was already getting a small pension for it prior to 2006, VAC deemed it part of the Pension act and not NVC. In 2005 I was cleared by the CF to go to Afghanistan and because of that my career ended. So.....

So the question is "Would I qualify for the $70 000 as my career ending injury occured in 2006? Or what?"

What do you guys think?
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