# Disability Awards:  I have a question about mine (merged)



## BinRat55

I've found all kinds of stats on this site and VAC with regards to pensions, but does anyone know or have stats relating to the average payout for a disability award? I'm waiting (patiently of course) for an answer from VAC and am curious. Also, if there is anyone here who is in the same boat as me (Rotator Cuff Disease of both L & R shoulders with a few other things thrown in) who can offer any insight on their dealings with this I wouldn't mind hearing from you - in this thread or PM.


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## BinRat55

Just an update - I heard from VAC yesterday and my application is "nextdoor" for a percentage determination... approved? Maybe -- sounds like it. I was told 24 weeks (mid-Feb).


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## BinRat55

Another update - I never did get any payout stats, although I did hear a rumour of one person receiving a cheque for $600.00. Sounds like a slap in the face to me, but alas, rumours is rumours. I received my decision last week - denied. Something VAC doesn't understand about "wear and tear" vice accidents. They denied me based on a lack of CF 98's - of course there's a lack of CF 98's - I never had any accidents. My shoulders are worn and torn through years of putting my body through hell. Like i'm gonna go to the MIR and submit a CF 98 every time my CSM made us dig trenches...

Oh well. Next step, appeal. Don't know if it will make a difference, but it's worth a try. Cortisone shots are next, followed by 4 separate surgeries.


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## HItorMiss

Bin Rat PM me, I have a contact for you that will greatly aid you in this.


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## 2 Cdo

BinRat don't give up. Appeal, appeal, appeal until you are satisfied. A good source of assisstance is the local Legion. They have guys that act like pit-bulls on a posties leg when dealing with Veterans Affairs! ;D


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## BinRat55

I hear ya 2 Cdo, and thanks. I spoke with an advocate this morning and she seems like she's screwed on tight. I'll know more in a week or two, but she made me feel a bit more optimistic - as do you guys!!


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## combatbuddha

I received a 2,150 dollar disability award for a small tear I received in my left shoulder while deployed. Vehicle accident...Bison versus Haji in small Toyota, who apparently thought he could push me off the road...Sadly he was alot more frigged up than I was....
A slap in the face, it seemed as so at the time, but 1 year after the surgery my shoulder was nearly back to 100%. Unfortunately I reinjured the same shoulder possible in the same manner during a soccer game during a sports afternoon. I am wondering if the diagnosis is the same if i will have to resubmit or appeal....If the diagnosis is different i will definitely resubmit under the new injury.
 I am currently awaiting a decision on some arthritis that I have been diagnosed with....a plus on my behalf is that the specialist wrote in his report that the arthritis can be directly attributed to my military service even though a single accident that caused the injury to grow cannot be pinpointed....
 Currently appealing a decision for patello femoral syndrome.....Hearing is 2 december....wish me luck
I honeslty don't "totally" care about the money, although it is nice....the medical coverage after Army life is what I am mostly concerned with..


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## BinRat55

I hear you on that Buddha. We are kind of in the same boat - about the same amount of TI and I don't know what's in store for me in a few years! Question: did the tear in your shoulder cause you a great deal of pain throughout the day? And more so in the mornings? If so, what did you do for the pain? At this point, it's pain management for me - i'm looking forward to trying the cortisone shots, but my problem is it's in both shoulders. Now that being said, speaking with the appeals lady the other day, we spoke a bit about my job. Originally I figured all my years of trench digging, ruck humping and running in combat boots was the reason for my wear and tear, but I quickly realized that as a Supply Tech, overhead shelving, loading trucks (especially the HLVW - i'm a short ass!!) and lots of warehouse work would also contribute to why BOTH shoulders would be shot. And I never even gave my martial arts a second thought!! So that's the direction i'm going now.

Like you, it's not all about the money. If I have a documented "disability award" on file, it will be easier in say, 10 years if everything gets done and nothing works to go back when i'm out and say - help?

Good luck with your appeal on the 2nd.


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## combatbuddha

Not alot of daily pain, but mild to moderate discomfort.
The main issue is the loss of strength. down from pressing 40lbs overhead with my left arm 10-12 times a set to about 5 lbs 5 times. A real pain. Working overhead or holding something extended from the body can be a pain too. Hell, holding a steering wheel is uncomfortable at times, LOL. But, we must soldier on...Get the job done..yadda yadda yadda


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## BinRat55

Update - had my appeal last week. The VAC lawyer was amazing, as was everyone that assisted me. It went on for about 30 minutes after which my lawyer told me that it went very well and in her opinion I will get a positive decision. 4-6 weeks I should receive a formal answer. Prior to the hearing I asked my lawyer how long she had at this racket - 28 years!! Ok, so that's positive I think...


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## BinRat55

My appeal was favorable. Got a letter yesterday - I was awarded 5/5ths on all 5 claimed injuries. I know that's good, but i'm told next step is a percentage determination - I guess I wait for another letter to go see a VA doc? Anybody know?


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## combatbuddha

Very good!


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## riggermade

BinRat55 said:
			
		

> My appeal was favorable. Got a letter yesterday - I was awarded 5/5ths on all 5 claimed injuries. I know that's good, but i'm told next step is a percentage determination - I guess I wait for another letter to go see a VA doc? Anybody know?



I also won my appeal and they 15 weeks from the time the decision gets to PEI before they have to make a decision on an amount


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## riggermade

You may not have to see a VA doc if the info they have from your doc is deemed sufficient


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## BinRat55

Thanks Rigger - good info. I'm working with a very good physiotherapist / kinesiologist (unfortunately nothing we do seems to work) and on intake 8 months ago he did a very comprehensive range gauge with me. I have given him my file number and requested he forward his findings to VA. May not be acceptable, but it can't hurt.


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## Gavin Flett

Can you guys tell me exactly what you did to win the appeal process? The VAC lawyer I had spoken to didn't exactly give me a warm fuzzy about winning my case and I'm contemplating requesting the BG AJAG for this. Something just didn't sit right with a VAC hired lawyer advocating for me to get more money out of.........VAC??. 
Was body language, dress all that stuff a factor. Did anyone need people to come speak on their behalf ie. physios, doctors etc.... . Video proof of the extent of the disability. I need to do my second appeal, and the VAC lawyer says it's not looking like it will be favorable for me (yeah, a real confidence winner she was). Basically, any info to help me along would be appreciated, cause VAC blows.


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## BinRat55

Update - saw the VAC doctor on Monday. I was gauged on the shoulder chart (Ch 17 I believe) at 13/9 with the dominant rating on the 9. With a QOL % I think i'm looking at close to 25%. I guess we'll see in 16 weeks!!

One thing - my injury is a repetitive stress injury. Because I never actually injured myself (lack of CF98's) I was granted the award, but not for a SDA. I have since been advised to appeal that fact - there is a long term loss of benefits due to this fact...


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## BinRat55

Final update -- Done!

Received a payout roughly 5 weeks after I saw the doc in Saint John (i'm sending this out on my new IMAC!!) and a week later I got the written explanation in the mail. So, a little under a year and a half, one appeal and one VAC doctor later, it worked out in the end for me.

Good luck to all of you still going through the process. Someone here (Riggermade methinks) gave me some good advice - stick with it and appeal, appeal, appeal!!

Happy holidays to all and all the best in 2010.  :christmas happy:

Bin


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## Bin-Rat

BR55 I sent you a PM 

thanks...


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## Dwight Schrute

I have been offered a 10% hearing loss/tinitus disabability award from the DVA in the amount of $27,600. The hearing loss stemmed from having a C2 fired about 2 feet from my head while on a live fire night fighting patrol in BATUS in 1986. The audiologist who performd the tests on me about 6 months ago said the hearing loss in my right ear is almost total. My question is this, and I am certain there are member here who can offer some advice. The loss occured almost 25 years ago. I am 45 now. Lets assume I will live to age 70. What they are offering me is about 60 bucks a month. Is this offer consistent with what other former members are being offered? Should I accept the offer? Your comments would be much appreciated.


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## Strike

Questions to consider when looking at your offer:
1.  Are you still in the military?
2.  What is the cost of hearing aids?  Keep in mind that you will likely have to replace them every once in awhile for a newer version or one with a better fit.


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## the 48th regulator

Strike said:
			
		

> 2.  What is the cost of hearing aids?  Keep in mind that you will likely have to replace them every once in awhile for a newer version or one with a better fit.



They will be covered by Veteran's affairs, so pricing really doesn't matter.

dileas

tess


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## Northern Ranger

Just spoke with a buddy of mine and it sounds inline with what he got. With out his hearing aid he doesn't hear birds chirping.


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## Occam

You should review your documentation to see if a cause was attributed to your tinnitus.  Under the old rules, if the tinnitus is not attributed to the hearing loss, then the tinnitus is a separately claimable disability.  In my case, I was awarded 10% for my tinnitus, and 2% for my hearing loss.  The tinnitus disability is awarded at 5% for mild or moderate tinnitus, or 10% for severe.  Severe tinnitus is that which requires a masker device or other modality (a hearing aid which is performing the function of a masker counts).

I just recently got a favourable decision on the final appeal to raise the tinnitus amount to 10%.  It had only been approved at 5% previously as the specialists hadn't made it crystal clear for the VRAB that my hearing aid was prescribed specifically for tinnitus.  Now any change to the disability will be based on any degradation in my hearing.

edit:  I should add that my claim was under the Pension Act, not the New Veterans Charter.  Looking at the 2006 Table of Disabilities, tinnitus is separately claimable from hearing loss, regardless of cause.  If your tinnitus is constant, and requires the use of a masker (or hearing aid acting as a masker), then you should be getting 10% for the tinnitus alone.

If you want the references cited in my appeal, please PM me and I'll be happy to help out.


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## Dwight Schrute

Thank you Occam, PM on its way.


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## Dwight Schrute

Another question, if I accept the award as offered, does that acceptance predjudice my right to appeal at a later date?


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## CallOfDuty

Absolutely not.  They say in the letter you receive in the mail, for whatever reason you can appeal your claim.  You keep the money you received and if your appeal goes through, you get more.


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## Dwight Schrute

Thank you CallofDuty. You guys have been a wealth of info.


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## Dwight Schrute

About 6 months ago, I was awarded a 12% combination hearing loss/tinnitus award, which resulted in a 10% (or $27,608) award. I thought it interesting that VAC used a fairly complex formula to determine that exact disability percentage, yet rounded down the award to an even 10%. I went through the departmental review process, and lo and behold they bumped my disability to 17%, and that resulted in a net 15% award. Each percentage point rounded down is $2,700. I wonder how many of you out there have experienced this rounding down? I suspect that there are many more out there. I plan on moving on to the next step, the appeal hearing, next week.  I wonder if there is a class action in here somewhere......?


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## Occam

Same here.  Under the old system (Pension Act), I get 10% disability for tinnitus at 5/5 entitlement, along with 5% disability for hearing loss at 2/5 entitlement (even though the hearing loss is caused by the tinnitus), which results in an overall pension payable of 12%, rounded down to 10%.  My hearing amount may change due to worsening hearing, but I'll always get dinged by one level due to the entitlement amount.


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## PuckChaser

It baffles me how these crooks can get away with this....


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## Cdnleaf

:2c:  They round up as well, i.e. 3%=5% / 8%=10% / 13%=15% you get the idea.  It often comes down to fighting for one % point to get you to the next level.  Good luck with the appeal process / all the best.


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## Sunlitbeauty

I have been in contact with VA via email since March of this year, and still have yet to receive a response to my question. The only response that i have received is that the person had received my email. I received another email saying that the person was out of the office for the long weekend, and would not be back in the office until Tuesday. I originally contacted them via phone, and was told to send them an email. I just simply want to know how i go about applying for the disability award? I was told by a fellow staff member here that I should apply for it, as he felt that I would have no issue receiving it. I have three herniated disks that I sustained during training almost a year ago, and may be facing a medical release although I have not heard anything as of yet regarding a 3(b) release. I have been told by the specialist that I will return to 100% functionality, it is simply a matter of time. Since I have not been given an exact time frame as to when I will recover from my injury, is there any way that I can appeal if the forces decides to try and medically release me? Does anyone have any advice to offer, or any experience with an issue like this? Thank you in advance for your reply.


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## the 48th regulator

Go to you local IPSC (Integrated Personnel Support Centre) , as there should be someone there that can advise you.  All IPSCs have a representative from VAC, that you can meet face to face.

http://www.veterans.gc.ca/eng/sub.cfm?source=contact/western

dileas

tess

Locked milnet.ca staff


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## ex-Highlander

One of the great things I brought back from my tour was asthma.  After being told by VAC I had no diagnosis for asthma post-tour (untrue, there certainly was), I went to an independent respirologist, where asthma was reconfirmed.  Although I've been diagnosed with asthma, VAC persists in calling it Reactive Airway Disorder.  I'm not sure if this is a tomatoes, to-mah-toes sort of thing, or if there is a difference between the two when it comes to a disability award, coverage, etc.  Does anyone else have any experience with this?  I have my claim form awaiting my signature, but I want to make sure there isn't something I should be addressing here before sending it back in.


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## blackberet17

Just going solely by what I found on the Mayo Clinic Web site for reactive airway disease:

"Sometimes the terms 'reactive airway disease' and 'asthma' are used interchangeably. Often, the term 'reactive airway disease' is used when asthma is suspected, but not yet confirmed. 

For VAC purposes, the last part of that sentence is a big one, asthma is suspected, but not yet confirmed. 

IOW, further information, preferably a diagnosis from a respirologist, would help support your claim. Nothing says you can't still send in your application, and continue to gather as much medical information as you can from specialists. The more you've got, the stronger your case.


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## ex-Highlander

Thanks, Blackberet.  

I've come across a couple of different takes on reactive airway disease, including one from here  http://www.uptodate.com/contents/reactive-airways-dysfunction-syndrome-and-irritant-induced-asthma , where they define it as a type of asthma, where bronchial hyperresponsiveness and airflow obstruction are caused by inhaled irritants (i.e.: dust, smoke, chemicals, etc).   I'm not sure what angle VAC approaches it from though.  Maybe I'll just send in the claim with my respirologist's info and see where it goes from there.  

On another note, I haven't seen any numbers floating around, but I'd sure be interested in knowing how many of ours developed lung problems of once sort or another related to their deployment to Afghanistan.


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## Bzzliteyr

I came back with some interesting bronchial issues in 08.  They cleared up after a while but was no fun for about a month after my return.


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## blackberet17

Haven't seen any stats on such a thing yet, ex-Highlander. We can isolate per medical condition, but not sure on service period or location.

You've made me curious, though, so I'll ask. If I come across anything definitive, I'll post here.

There is the Australian Korean War Veterans' Health Study, interesting stuff, which could/should/would-be-nice-if-it-did lead to a similar health study for Afghanistan.


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