HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

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HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by Newf on Fri 13 May 2016, 06:47

Morning all
Looking for some assistance and advice from our CSAT community. Here is my summary

- I fractured my right ankle in 1988 at basic training in Cornwallis and again in 1991 during a broomball game at CFB Gagetown; lost a fight to a RCR guy.

- I submitted disability application for "fractured ankle" and "Osteoarthritis-right ankle" in the Fall of 2015.

- I received a favourable decision in April of 2016 for these conditions. Both were combined under the Osteoarthritis and I am offered 5% lump sump award.

My questions is this. The percentage seems low as I have read that most vets receive 20% for ankle injuries. With this ankle injury having occurred in 1991, would I not qualify for a monthly award under the Old Veterans Charter? Should or can I have applied for loss of function-right ankle?

Any help is, as always, appreciated

Newf


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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by bigrex on Fri 13 May 2016, 10:09

Newf, unfortunately under the NVC, all claims submitted after April 1st 2006, are subject to a lump sum, regardless of when the actual injury occurred. As far as the percentage, if you feel it is too low, you are still allowed to appeal it, even though it was successful. The percentage is dependent on the symptoms that were reported on the the medical questionnaire, and compared to the Table of Disabilities.

"Table 17.12 - Loss of Function - Ankle Rating Criteria

Nil - Normal range of motion without pain.

Two - Recurrent sprains of ankle.

Four  - Essentially normal range of motion but pain now present on a daily basis and/or with movement.

Nine  - Dorsiflexion no more than 10°; or
        - Plantar flexion no more than 15°; or
        - Ankle unstable* on clinical exam.

Thirteen - Dorsiflexion no more than 5°; and
           - Plantar flexion no more than 10°.

Eighteen - Ankylosis in position of function.

Twenty-Six  - Anklylosis in an unfavourable position; or
                 - A flail** joint.


Then they would add an amount for Quality of Life, which is an additional 1 or 2 percentage points for any assessment between 1% and 10%. Then they apply the 1-5 fifths equation. But if they reduced your claim because of this, it would have been explained in your approval letter. So you either got 5/5 of a 5-6% disability, 2/5 of a 15-16% disability, or 1/5 of a higher disability. If you have a previous lump sum, even something that that was reduced to a low as 3% due to the fifths equation, would pay out at the 5% level.

It is complicated and confusing, and that is what VAC wants. They want Veterans to be confused, because they are less likely to compain, if they do not realize how they are getting low balled.
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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by Newf on Fri 13 May 2016, 10:34

Yes, it is very confusing. Thanks, Big Rex that clarifies this for me. Do you know if I should submit a loss of function-right ankle as well? Would I qualify for VIP program if I have ankle issues that prevent me for doing some of my daily chores?

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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by bigrex on Fri 13 May 2016, 12:37

Loss of function is taken into account with the award that was granted. They wont grant a disability award just for having an injury. There has to be some sort of lasting affects from the injury, which they compare to the chart I listed above. But if you feel that your ankle movement was reduced, to the extent that I listed above, when you submitted your claim, you can ask for an appeal of the assessment. Or you can wait two years, and request a reassessment done, saying the condition has deteriorated, and they would request a new medical examination of the ankle.

As far as VIP is concerned, you might be approved for ground maintenance, but housekeeping is harder to get, especially if you are married.
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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by Panserbjørn on Tue 17 May 2016, 10:32

I don't believe most people earn 20% for ankle injuries. I was rated just 13% and 3% QOL. That is with surgery needed.

But with your situation in mind I would appeal it. 5% in my opinion is just what that pick if there isn't medical documentation about where you actually fall on Bigrex's pasted chart.

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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by Newf on Tue 17 May 2016, 16:12

Panserbarn, I have asked for a departmental review. I had a trimalleous faracture.  I had surgery as well.  The surgeon used a screw to reattach the bony part of my lower fibula and a second screw to attach the bony part of my tibia.  I have two large scars on my ankle from this surgery. These are the knobby bony parts o on the inside and outside of my ankle. I think they are low balling me!
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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by bigrex on Tue 17 May 2016, 17:53

I was going to check to see what the maximum award is for an ankle injury, but the VAC website is down right now. So once I can check, I'll let you know.
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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by Newf on Tue 17 May 2016, 20:14

Thanks bigrex
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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by bigrex on Tue 17 May 2016, 22:33

Well, the absolute most that a person can get for an ankle injury is 26%, plus 7% for QOL increase. But the ankle would have to be so severe, that you can't even stand on it, to get anywhere near that high.
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Re: HELP-NOT FAMILUAR WITH NEW VETERANS CHARTER

Post by Newf on Sun 22 May 2016, 06:22

That is interesting and I am grateful my ankle injuries were not that severe. Gonna talk to the VRAB crowd who are reviewing some additional evidence I sent them a few days ago.  At least now I know where I stand...somewhere between 5 and under 26%.  Much appreciated bigrex
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