# VRAB



## Mediman14 (28 Aug 2015)

Does anyone know what is the average wait time for VAC Appeals to be processed?

Thanks


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## blackberet17 (31 Aug 2015)

The standard is to have a written decision to the client six weeks from the date of the hearing. Roughly 85% of Appeal decisions have met the target.

The timeframe for application for appeal to the scheduling of a hearing is constantly in flux, and is affected by many factors; hence, no set standard.


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## RobA (1 Sep 2015)

blackberet17 said:
			
		

> The standard is to have a written decision to the client six weeks from the date of the hearing. Roughly 85% of Appeal decisions have met the target.
> 
> The timeframe for application for appeal to the scheduling of a hearing is constantly in flux, and is affected by many factors; hence, no set standard.



Is it considering an "appeal" if you're not appealing the decision but simply a fact in the decision?

In my case, I was recently approved for EL benefits but got my letter and they're taking off a large chunk for other income coming in (EI payments). My EI ended in early August though, and the money taken off is from September.

I'll be able to send in documents proving I'm not getting any money from EI in September. Would that be fixed relatively quickly since it's more of an administrative error then an actual appeal?


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## blackberet17 (1 Sep 2015)

Hmm...before you burn a level at VRAB, request a Departmental Review.

Also, and I am checking on this, but I'm not sure an EL decision is something the Board can review.

Earnings Loss benefits fall under Part 2 of the _Canadian Forces Members and Veterans Re-establishment and Compensation Act_, specifically section 18, whereas the Board deals with benefit applications under Part 3 of the Act.

Worth checking with the Bureau of Pensions Advocates. They can also assist with the DR prep.


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## Mediman14 (1 Sep 2015)

Departmental review (DR), I assume VAC does that. Is there anyone particular to contact requesting an DR? Or just the normal 1-800 #. Would you happen to know how long that approx take?


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## blackberet17 (2 Sep 2015)

Time to engage the Bureau of Pensions Advocates: toll-free 1-877-228-2250.

Timeframe will depend on the workload of the Advocates. It may be quick, it may not. I'm not sure what their turnaround times or standards are.


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## RobA (2 Sep 2015)

What exactly is the mandate for the BPA?


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## blackberet17 (3 Sep 2015)

> The Bureau's mandate is to assist clients in the preparation of applications for review or for appeals and to arrange for them to be represented by an advocate at hearings before the Veterans Review and Appeal Board.
> 
> All BPA advocates are lawyers and members of their respective law societies. Given their experience in pension matters, they are considered specialists in the area of claims for disability benefits. If you seek assistance from BPA, you will be treated in the same manner as if you were hiring a private lawyer to represent you. The solicitor-client privilege relationship between you and your advocate ensures that your confidentiality will be fully respected.



http://www.veterans.gc.ca/eng/about-us/organization/bureau-pensions-advocates/fact-sheets/BPA_Redress#a02


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## RobA (3 Sep 2015)

Roger, thanks.

Would one contact them for merely a departmental review? Or would you wait until you file a full on appeal with VRAB?


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## blackberet17 (4 Sep 2015)

RobA said:
			
		

> Roger, thanks.
> 
> Would one contact them for merely a departmental review? Or would you wait until you file a full on appeal with VRAB?





> The Redress Process
> 
> If you have concerns with the decision you receive regarding your application for disability benefits, you may request the legal services of BPA without charge. Your advocate will inform you of your options. Some of these options are listed below.
> 
> ...



http://www.veterans.gc.ca/eng/about-us/organization/bureau-pensions-advocates/fact-sheets/BPA_Redress


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## RobA (9 Sep 2015)

Ok, I feel like I'm getting the run around here. VAC tells me to contact BPA  and vice versa. I'll just break down my specific situation and blackberet17  (since you seem to be on the inside) maybe you could tell me how best to proceed (or anyone else, of course).

Recently approved for earnings loss and they took half my payment (and will for sometime) to pay an overpayment (first I've heard of it).

The ovayment is (I believe) in error. I was on earnings loss in 2013, amd after completing voc rehab (they sent me to college to learn a trade). I got a job after college, and informed VAC in late August. They never stopped paying me until October, and thats where the overpayment came in (they naturally assumed I was getting g paid dur8ng that time).

However, my job wasn't salaried, I was a contractor. When it came time to pay,  they stiffed me. EL guarantees me 75% of my military salary. Since I never got the income they assumed I was getting, my total income for 2013 was well below my entitlement for EL.

So I don't believe the overpayment is correct. I've got documentation (my tax returns from CRA showing that I did not reach the level required for an overpayment) and I've also filled out the form allowing VAC to get my tax returns for those years from CRA to support my claim that I wasn't overpaid my entitlement. 

It seems like more of an administrative error then something I need to start an official review process. 

I called VAC and they said I should call BPA and that I'll likely have to appeal my EL decision in writing (even though I'm fine with the EL decision. It's the overpayment I'm contesting, that has nothing to do with EL). I called BPA and they said they only deal with appeals for the disability award itself. EL (they say) is handled by VAC. But my issue isn't even WITH the EL. It's with the overpayment that's on my file.

Somebody tell me wtf to do. I'm getting pretty frustrated,  and also this is pretty stressful. I'm not able to work so this is my only source of income.  After the overpayment clawback, I'm going to have enough to pay child support and rent, or child support and food. But not both.


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## blackberet17 (10 Sep 2015)

Personally, I hate dealing with bureaucracy over the phone. Too often, $hit gets further f**ked up when emotions get the better of our explanations.

I tend to do a lot of it in writing. It's on paper, I'm creating a traceable record, and I expect a response in writing (which I sometimes indicate at the end of the letter).

I tried to explain this in another area, but EL is dealt with - to my knowledge - by the Department itself. As it falls under Part 2 of the CFMVRCA (aka NVC), it does not per se fall under the review/appeal purview of BPA, nor under the jurisdiction of the Board, as per section 85 of the CFMVRCA.

I'm a little surprised BPA isn't assisting. I'll see what I can find out from colleagues in that AO.


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## blackberet17 (10 Sep 2015)

As I thought, RobA.

BPA and VRAB are tied by the legislation, as found in section 85 of the CFMVRCA. As both EL and PIA are under Part 2, we don't have jurisdiction to hear EL or PIA. If it was disability award or CIB, yep, bring it, BPA will assist.

I wish I had a better answer in that regard.

Now, also. You can (and should) ask for a Departmental Review of the decision which put you into the position you currently find yourself.

Further, I'll quote some legislation dealing with overpayments:



> 88. (1) In this section, “overpayment” means any compensation, or a part of it, that was paid to a person or their estate or succession and to which the person or the estate or succession had no entitlement.
> 
> Recovery of overpayment
> 
> ...



Something to consider moving forward. I don't get to be the one who decides in the end, but hopefully this helps. If it's not clear, ask away.


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## RobA (10 Sep 2015)

That's exactly what I was looking for. Thanks for the help, it's much appreciated


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