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APSC Date payable?

Do you think there might be any merit in pursuing a potential legal challenge against this policy?

  • Yes

  • No

  • Not certain

  • Good Luck

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The current guidelines stipulate the following concerning the Additional Pain and Suffering Compensation (APSC) payouts:
  1. Payments commence on the first day of the month in which the APSC application was filed (as per the Application to the Minister policy).
  2. Alternatively, they can begin on the day that falls one year prior to the first day of the month when the APSC application is approved.
  3. Or, on the first day of the month when the applicant attains Veteran status.
Here lies my concern: Suppose a veteran becomes aware of their entitlement to APSC at a date exceeding one year from their eligibility. In that case, the guidelines dictate that their payable date would retroactively cover at most one year. This seems to imply that due to a lack of awareness (for whatever reason), veterans essentially forfeit any APSC payments beyond that one-year window post their release, which seems questionable to me...(possibly in a legal sense)

For instance,I was medically released in August 2020, I applied for APSC in March 2023 and got approval in August 2023. I only received payments for the 6-month duration it took to process my application, starting from March 2023. Despite being unaware of my eligibility or having the specifics regarding payable dates communicated to me precisely, I essentially "forfeited" about 2 years of APSC payments.

To me, this policies guidelines seem disingenuous and fail to consider extraneous circumstances that may have caused a veteran from applying for the allowance, upon being approved for their initial disability benefit.

Is anyone else in the same boat?
The challenges that could arise would be proving that you met the criteria at that time. I do see your point but I believe if you have a case manager they normally advise you to apply when they know you meet most of the criteria.

I get there are veterans that have issues due to injury or illness in reading or understanding stuff but honestly if your injured/ill read through the VAC site see all the benefits available and if your unsure if you meet the criteria no harm in applying anyway.

I know there is also a survey available through my VAC account that literally goes thru a bunch of questions that then say here is what you may be entitled too and here's where to apply.

VACs social media even puts out posts of different benefits and how they may help.

If you have a case manager and they don't bother to inform you of the benefits that you may qualify for that may be a different case.

At the end of the day I think a lot of veterans should read the VAC website the benefits available, along with what the compensation and criteria is for said benefits. If your having trouble navigating that there is plenty of social media resources, calling VAC themselves, a case manager, or even the Legion.
Eligibility is after application and approval hence there is no way to counter till there is verified documentation or application stating that. So for example I could break my foot by twisting it on a run but not apply for 10yrs to VA that doesn't mean that if I broke my foot on 1 Jan 2005 but applied on 1 Jan 2010 I should get it from 2005 because the application to VA the day THEY substantiate a work injury begins when you apply for it. I think I understand what you are saying and I hope the above example makes sense.