Question regarding Disability Award and grandfathered Pension

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Question regarding Disability Award and grandfathered Pension

Post by mrmurphy77 on Sat 02 May 2015, 10:58

Hello

I was wondering if someone could confirm to me a question I have about a disability award.

My situation is the following : I am receiving a grandfathered pension for a back injury that occurred in 1990. I recently went to an appeal for a disability award and
the judges at the appeal seem to agree that they will allow me a disability award.

My question is the following  - does the percentage for the disability award ( maximum 100 %) include the % for the grandfathered pension. In other words the granfathered pension is 20 % and I have previously received disability award for ptsd - according to the pension advocates the disability awards I have received total 40 % not including the grandfathered pension - does this mean that the maximum left as a disability award would be 60 % ?

Any help or clarification would be appreciated

If my question is unclear please do not hesitate to ask for clarification.

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Re: Question regarding Disability Award and grandfathered Pension

Post by Guest on Sat 02 May 2015, 12:15

Im curious what you mean by grandfathered,does that mean you applyed after the new veterans charter was introduced and because your injury happened before that you get monthly instead of lump sum.

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Re: Question regarding Disability Award and grandfathered Pension

Post by Guest on Sat 02 May 2015, 12:19

The reason im asking is i was not given that option.

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Re: Question regarding Disability Award and grandfathered Pension

Post by mrmurphy77 on Sat 02 May 2015, 12:21

the pension was applied for after the accident in 1990 and it took 6 or 7 years to be approved.

so I was receiving the pension prior to the nvc - the disability awards received where only paid after 2010

it is the pensions advocates that say the pension is "grandfathered in"

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Re: Question regarding Disability Award and grandfathered Pension

Post by Guest on Sat 02 May 2015, 13:17

it is the total of 100% of both NVC and PA combined . so if you have 20% PA and 40% NVC that would be 60% total so the most your pension can increase ( at lest for payment purposes ) would be another 40% .

propat

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Re: Question regarding Disability Award and grandfathered Pension

Post by bigrex on Sat 02 May 2015, 13:21

As far as grandfathering is concerned, it merely means that once you are getting a PA pension, they cannot take it away, in favor of the lump sum. But IMO, being grandfathered under the PA, should mean that if you joined the CF before the NVC was enacted, then all claims should also fall under the PA, regardless of when they were submitted. After all, the fact that you knew that if you were injured, you would be taken care of for the rest of your life, likely affected many people's decision to join or not. So, changing the compensation benefits, after a person had already joined, should have been illegal, and I'm sure that will be one of the arguments made in the Equitas lawsuit.
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Re: Question regarding Disability Award and grandfathered Pension

Post by Guest on Sat 02 May 2015, 13:24

wow it took 7 years to be approved nice pay check in back pay congrats.

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Re: Question regarding Disability Award and grandfathered Pension

Post by Guest on Sat 02 May 2015, 13:30

I agree bigrex i never signed or served under this nvc had to wait for evidence from fellow soldier serving in hungary as they never done cf 98 in 1978.

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Re: Question regarding Disability Award and grandfathered Pension

Post by teentitan on Sat 02 May 2015, 14:59

To answer your question yes you have 60% left for the grandfathered injury under the Penaion Act.

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.
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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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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 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 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, 17:50

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 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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