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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 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 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 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 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, 13:17

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 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, 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 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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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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