Question regarding Disability Award and grandfathered Pension

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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 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 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 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 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, 19:38

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 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 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 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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