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Pensionable injuries vs nvc

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Re: Pensionable injuries vs nvc

Post by Guest on Mon 24 Jul 2017, 16:07

umbrella001,

The 2% Lump Sum, from the Pension Act already given to your spouse is a final payment. Because of this 2% and the fact that his over a hundred percent, he can only get another 3% from the Pension Act. They cannot add the 2% to make it a 5% Monthly payment simply because the 2% has already been Paid Out.

I'm thinking that perhaps your spouse can inquirer on getting that 3% Lump Sum that he has remaining authorized without filling out an application for the condition on the basis that he is now over 100%.

It's worth a shot, he is over the 100% so they should pay him that 3% Lump Sum.

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Re: Pensionable injuries vs nvc

Post by pinger on Sun 23 Jul 2017, 14:34

Hello umbrella001,

Yes it can be very confusing.

Trooper wrote... "
However, because he was under the 5% from the old act, he would still be entitled to another three percent of Lump Sum payment from the old act, and from either the worsening of the 2% condition or a consequential from that condition.

Hope I do not confuse you any more umbrella001, but aside from a re-approach to the 2%.
A few things at play.
"Although he is at 100% disabled under the NVC VAC is withholding 5% of his benefits"
Granted the letter you got was not v. clear, ... Try to find that clarity.

I have never heard of that kind of clawback between the charters, and I'm under both.
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Re: Pensionable injuries vs nvc

Post by bigrex on Sat 22 Jul 2017, 20:49

The problem is, due to that initial 2% PA award, the most the NVC could award is 98%. But because they pay in 5% increments, 98% would normally pay out at 100%. But since they cannot pay at 100%, they are leaving that additional 3% available to be covered by the PA. So if you have a reassessment of the pensioned condition, and it is more than 5%, your husband will start receiving a 5% monthly pension.

PM me what his pensioned condition is, and I can tell you what types of things VAC will be looking for, to get the extra 3%.
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Re: Pensionable injuries vs nvc

Post by Guest on Sat 22 Jul 2017, 12:24

umbrella001 wrote:If I was able to have him reassessed to the 5% would that come as a monthly benefit? It is 64.00 a month but with the added spouse and children allotment, it might be worthwhile to have him assessed again.

The way I read it, no, he won't qualify for a Monthly pension as they specifically state class 21 which is the Lump Sum.

But now that you have a better Idea on the letter, it wouldn't hurt to contact VAC asking them if he was to be granted another 3% under the old act would that qualify him for a Monthly pension. You see with the 2% already paid as a final payment, the other 3% would not count as a total of 5% for a Monthly pension, it would count as only 3%.

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Re: Pensionable injuries vs nvc

Post by umbrella001 on Sat 22 Jul 2017, 12:14

If I was able to have him reassessed to the 5% would that come as a monthly benefit? It is 64.00 a month but with the added spouse and children allotment, it might be worthwhile to have him assessed again.

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Re: Pensionable injuries vs nvc

Post by Guest on Sat 22 Jul 2017, 11:45

umbrella001 wrote:Hi all, I have scoured the site but found no one else in the following circumstance. I take care of my spouse who is DEC and I have had quite a bit of success navigating VAC and the benefits system on his behalf. I have encountered the following situation though and I am hoping someone else may be able to shed some light on this.

He is currently at 100% disabled under the NVC however he was in receipt of a 2% pension from the early nineties. That 2% was a payout around $1500.00.

Although he is at 100% disabled under the NVC VAC is withholding 5% of his benefits and the letter they sent to acknowledge mentions legislation which I have looked into that sheds no exact reasoning for this withholding.

the letter states:

As a result of this decision the total assessment for your disabilities (both pensioned and awarded) has increased from 62% to 102%. By law, 100% is the maximum assessment that can be paid. Under the Pension Act, you received a Class 21 final payment of 2%. Under the Canadian Forces Members and Veterans Re-establidhment and Compensation Act (CFMVRCA), your disability award assessment has increased from 60% to 100%. Your disability award with be paid at the 35% rate.

As you have already received a Class 21 final payment of 2% under the Pension Act 3% remains payable under the Pension Act.



This portion of the letter confuses me. In one sentence they are saying the 2% paid was a FINAL payment yet they are still withholding %. I have read the acts quoted and found nothing relating to this situation. We asked to have the original injury reassessed and the VAC doctor said, the injury would never get worse (it was a finger that was injured by pallet crushing it) and that was that case closed.


At issue here for me is that VAC is withholding approximately 15, 000 in disability award for an injury that they have stated is moot and won't get worse all the while my husbands significant impairments are penalized (imo)

Has anyone else experienced this? It seems so confusing, even the adjudicator who tried to explain it to me was confused.

Under the old pension act, you need 5% or more to receive a Monthly pension.

Since your spouse received 2% the payment was given as a Lump sum.

Grade or class 21 assessments, which range from 1% to 4%, are paid as a lump sum.

What they are saying is that the final payment was set at 2%, final payment meaning final payment at the time of the payment.

Because your spouse is in two acts, pension act and the new charter, and his amount is 100% or more, no more pension or award can be awarded. However, because he was under the 5% from the old act, he would still be entitled to another three percent of Lump Sum payment from the old act, and from either the worsening of the 2% condition or a consequential from that condition. They don't know how to write in plain English, that's the way I interpret the message to read.

Class 21 Payment (less than 5 %)

1% - $882.57

2% - $1765.09

3% - $2647.68

4% - $3530.21

Basically your spouse would still be entitled to $2647.68 as a Lump Sum payment from the old pension act if the application is approved.

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Pensionable injuries vs nvc

Post by umbrella001 on Sat 22 Jul 2017, 11:15

Hi all, I have scoured the site but found no one else in the following circumstance. I take care of my spouse who is DEC and I have had quite a bit of success navigating VAC and the benefits system on his behalf. I have encountered the following situation though and I am hoping someone else may be able to shed some light on this.

He is currently at 100% disabled under the NVC however he was in receipt of a 2% pension from the early nineties. That 2% was a payout around $1500.00.

Although he is at 100% disabled under the NVC VAC is withholding 5% of his benefits and the letter they sent to acknowledge mentions legislation which I have looked into that sheds no exact reasoning for this withholding.

the letter states:

As a result of this decision the total assessment for your disabilities (both pensioned and awarded) has increased from 62% to 102%. By law, 100% is the maximum assessment that can be paid. Under the Pension Act, you received a Class 21 final payment of 2%. Under the Canadian Forces Members and Veterans Re-establidhment and Compensation Act (CFMVRCA), your disability award assessment has increased from 60% to 100%. Your disability award with be paid at the 35% rate.

As you have already received a Class 21 final payment of 2% under the Pension Act 3% remains payable under the Pension Act.



This portion of the letter confuses me. In one sentence they are saying the 2% paid was a FINAL payment yet they are still withholding %. I have read the acts quoted and found nothing relating to this situation. We asked to have the original injury reassessed and the VAC doctor said, the injury would never get worse (it was a finger that was injured by pallet crushing it) and that was that case closed.


At issue here for me is that VAC is withholding approximately 15, 000 in disability award for an injury that they have stated is moot and won't get worse all the while my husbands significant impairments are penalized (imo)

Has anyone else experienced this? It seems so confusing, even the adjudicator who tried to explain it to me was confused.

umbrella001
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Re: Pensionable injuries vs nvc

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