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Question regarding Disability Award and grandfathered Pension

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Re: Question regarding Disability Award and grandfathered Pension

Post by Teentitan on Sun 03 May 2015, 16:00

6608 actually we are both right. Read para 9

If a condition is ruled as consequential to a primary condition related to Regular Force or Special Duty Service, the claim will be adjudicated under the CFMVRCA, even if the primary condition was ruled under the Pension Act, unless sections 42 or 56 of the CFMVRCA apply (see policy Dual Entitlement - Disability Awards/Disability Pensions).

The whole issue is what and how the adjudicator reads it. So the vet can get either a 7 or craps.
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Re: Question regarding Disability Award and grandfathered Pension

Post by pinger on Sun 03 May 2015, 10:30

Very confusing but that may explain what happened to me. pinger.
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Re: Question regarding Disability Award and grandfathered Pension

Post by 6608 on Sun 03 May 2015, 10:12

Teen wrote "A consequential claim that may arise from the injury will be paid to you via the NVC as you applied for the consequential claim AFTER 2006.

So any pensioned conditions and consequential claims made prior to 2006 fall under the Pension Act."

Teen i don't think that statement is correct above based on the two following policy's  Consequential Disability and Dual Entitlement - Disability Awards/Disability Pensions see links below

http://www.veterans.gc.ca/eng/about-us/policy/document/1533

http://www.veterans.gc.ca/eng/about-us/policy/document/887

So based on the above policy's i believe it is possible to get a consequential claim under the pension act after 2006 unless i'm reading it wrong.



Cheer's
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Re: Question regarding Disability Award and grandfathered Pension

Post by mrmurphy77 on Sat 02 May 2015, 19:38

bigrex - thanks for the info and comfirmation

thanks to all who took the time to respond

good luck to all in your dealings with vac - my experiences were never that good - all I can say is don't give up and make sure you appeal every decision that is refused.

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Re: Question regarding Disability Award and grandfathered Pension

Post by bigrex on Sat 02 May 2015, 19:31

yes, they combine the 2, to limit Veterans at 100% compensation. If they didn't, some Veterans could be getting well over 100%, between the two Acts, and we know that the government would never allow that to happen.
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Re: Question regarding Disability Award and grandfathered Pension

Post by mrmurphy77 on Sat 02 May 2015, 19:14

bigrex

so they do take the % of the pension and any % from disability awards to a maximum of 100 %

therefore like you say the disability award that is suppose to be granted would be to a maximum of 40% in my case

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Re: Question regarding Disability Award and grandfathered Pension

Post by pinger on Sat 02 May 2015, 19:11

Just tying in. Tx for the reflections. Lucky might be legal but does not sit right with me morally even if it puts me ahead. I've gotta see my cm for 200% clarity, understanding, and why such is so. And why not for others in the same boat. Validation of understanding in their approval letters are just as confusing as the denials...
Nuts, imagine getting pissed off because you can't understand your approval.
I like to own my own soul at night. pinger.
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Re: Question regarding Disability Award and grandfathered Pension

Post by bigrex on Sat 02 May 2015, 19:03

No, if you have a 20% PA pension, and you have been given 40% for your PTSD, under the NVC, that puts at 60% overall, so the most you can get for future claims and reassessments, is 40%.
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Re: Question regarding Disability Award and grandfathered Pension

Post by mrmurphy77 on Sat 02 May 2015, 18:34

ptsd was submitted in 2010 and re assessed in 2013 ( 2010 ptsd disability award 28 % then 2013 ptsd award 12% )

the new claim for bursitis was applied for in 2013 - it was refused then went to appeal apr 2015 and it would seem that it was going to be approved

therefore because these disability awards were claimed after 2006 the maximum percentage left would be 60% - correct ?

thank you everyone that has responded - they make everything so complicated

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Re: Question regarding Disability Award and grandfathered Pension

Post by Teentitan on Sat 02 May 2015, 17:58

Factors to consider before an answer

Was the ptsd consequential to the back injury and was it submitted before 1 April 2006?

If the above answer is yes then yes your monthly PA should be 60% total.

If the above answer is no, you submitted the claim for ptsd after 1 Apr 2006 then you get a lump sum payment of 40% of $306,000 or roughly $122,400.
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Re: Question regarding Disability Award and grandfathered Pension

Post by bigrex on Sat 02 May 2015, 17:50

Pinger, you are lucky. I have never heard of anyone getting a pension for a new condition, where the application was put in after 2006.
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Re: Question regarding Disability Award and grandfathered Pension

Post by Guest on Sat 02 May 2015, 17:46

ya what bigrex said. not much to add to that.

propat

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Re: Question regarding Disability Award and grandfathered Pension

Post by bigrex on Sat 02 May 2015, 17:44

OK, so you were pensioned based on the old table of disabilities, and while the condition has actually worsened, the new ToD actually pays less because they are far less open to interpretation, and no longer provide a range of compensation, based on symptoms. But one thing to remember though, that even though it didn't increase your payment this time, it put you that much closer to the next level, if you seek another reassessment.
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Re: Question regarding Disability Award and grandfathered Pension

Post by pinger on Sat 02 May 2015, 17:24

Boy, I wish VAC and the GoC could simplify this kind of shyte. It would help so many us understand things more clearly.

mrmurphy. I have been old pa since 1985ish until recently 26% for my back, 5/5ths if thats relevent. A few years ago I put in a new disabilty application under ToD for lower leg function. VAC D.O. printed it for me and under the type of benefit or something it said "disability award". So as an outcome I thought if I was approved they would just cut me a one-time cheque for 25G if lucky. WRONG. I was happily SHOCKED when they applied the approval towards my old pa, it increased to 40%.

But why was it applied to my old pa? My lower leg application was post 2006, the stupid form said "disability award" which translates to a lump sum to me and NVC was written all over the form. Did someone in PEI connect the dots I can't fathom? Maybe they screwed up?
Don't know if that's the grandfathering your talking about mrmurphy, but VAC needs to REALLY simplify the forms process. Apparently they are refreshing every form. But I don't want to see another one any time soon. pinger.
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Re: Question regarding Disability Award and grandfathered Pension

Post by mrmurphy77 on Sat 02 May 2015, 17:08

the 20 % from the pension was for back injury ( crushed between two military trucks) therefore suffered disc and vertebrae damage

the 40 % for disability award was for ptsd (28%) and the re-assessment for ptsd (12 %)

the appeal was for bursitis in the hips - military report of accident said there was contusions to lower limbs and soft tissue damage - I also had report from doctor that was recommended from vac that says the bursitus is a direct result of accident - the judges at the appeal said they agreed

so now I am confused because this claim is for a disability award - therefore I should have 60 % for disability award because both disability awards were for 2 different conditions ptsd and bursitus

the claimed pension for back injuries was recently reassessed and the result I was told was that the amount paid today for this type of injury would be lower than the pension being received - so no change to the pension amount

if you see this teentitan or propat please comment

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