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Bill C-45 Disability VIA VAC Failing

Bin-Rat

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For people who don't know what Bill C-45 is, it's the new Veterans Charter for injured and disabled veterans and CF personal.

So if your injured while serving, past, present and even future CF personal, this is what will be or should say isn't going to happen
any more due to the new veterans charter..

http://www.veteranvoice.info/bulletinboard.htm  on left side click latest news

You'll come to a analyist view of what to expect now, and what your not going to get as of 1st April when this New Charter comes
into effect... 

The Benifits one today recieves Through Veterans Affiars is going to be Changed Drasticly. And for some people it's going to be a real
shock.

With these changes to get any Benifits, the program has been start calling it a "WORKFARE" to get any support.. what do I mean by that
well Simple really, if you are disabled while serving in the Military, and you are on the new system, and are getting benifits, you are
STILL required to go to the VOCATIONAL REHAB, even if you are totally disabled and can't work. Failure to do VOCATIONAL REHAB, forfiets your benitfits... now doesn't that Suck...

Anyhow, just passing some info along, but people should be aware of these changes...
 
for what it's worth, sent the link to minister's office with a note to review before he has to battle to make changes later. Not likely anything will come of it, but suggest that a whole slew of emails & letters might make the minister take notice...needs to remember that an election is not that far off and, in politics, perception is everything. If the Conservatives implement the changes, they own it, not the author's (Liberals)
 
Well there was a correspondence sent to the following people
Minister of National Defence
Minister Of Veterans Affair
Prime Minister

http://www.veteranvoice.info/ARCHIVE/correspondenceSB.htm

But Ya, my MP where I live is now NDP so I should sent him a link to this and a note about it..
and see if he will get on board....
 
If I read this correctly those that are gettine a pension will continue to do so situation no change.

CANFORGEN 031/06 ADM(HR-MIL) 013 211025Z FEB 06
APPLICATIONS FOR DISABILITY BENEFITS UNDER THE PENSION ACT AND THE NEW VETERANS CHARTER
UNCLASSIFIED



THIS MESSAGE WAS PREPARED BY ADM(HR-MIL)/DQOL IN CONSULTATION WITH VETERANS AFFAIRS CANADA (VAC)


THE CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT WAS ENACTED ON 13 MAY 05. COMMONLY REFERRED TO AS THE QUOTE NEW VETERANS CHARTER (NVC) ENDQUOTE THIS LEGISLATION WILL REPLACE THE PENSION ACT FOR DISABILITY CLAIMS RELATED TO MILITARY SERVICE THAT ARE SUBMITTED ON OR AFTER THE COMING-INTO-FORCE DATE OF 1 APR 06. THE PENSION ACT AND THE NVC ARE ADMINISTERED BY VAC


CF MEMBERS AND VETERANS WHO HAVE A SERVICE-RELATED MEDICAL DISABILITY FOR WHICH THEY HAVE NOT YET SUBMITTED A CLAIM HAVE UNTIL 31 MAR 06 TO APPLY FOR BENEFITS UNDER THE PENSION ACT. ALTERNATIVELY, THEY MAY SUBMIT AN APPLICATION AFTER THAT DATE FOR BENEFITS UNDER THE NVC


CF MEMBERS AND VETERANS WHO ALREADY QUALIFY FOR BENEFITS UNDER THE PENSION ACT WILL CONTINUE TO RECEIVE THOSE BENEFITS AFTER THE NVC COMES INTO FORCE. A MEMBER OR VETERAN WHO HAS APPLIED FOR BENEFITS UNDER THE PENSION ACT BUT HAS NOT YET RECEIVED A PENSION DECISION MAY WITHDRAW THE APPLICATON AND RE-SUBMIT IT UNDER THE NVC


TO APPLY FOR BENEFITS UNDER THE PENSION ACT, A VALID APPLICATION MUST BE SUBMITTED THAT IS EITHER POSTMARKED OR RECEIVED BY VAC ON OR BEFORE 31 MAR 06. AN APPLICATION SUBMITTED BY HAND, MAIL OR FACSIMILE IS ACCEPTABLE BUT A VERBAL INQUIRY OR TELEPHONE CALL TO VAC IS NOT. TO BE CONSIDERED VALID, AN APPLICATION MUST CONTAIN THE CLIENT S NAME, ADDRESS, DATE OF BIRTH AND THE NAME OF THE CLAIMED DISABILITY, AND BE SIGNED BY THE APPLICANT OR PERSON AUTHORIZED TO ACT ON THEIR BEHALF. APPLICANTS WILL NORMALLY HAVE 90 DAYS FROM THE DATE VAC RECEIVES THE APPLICATION TO PROVIDE THE REMAINDER OF THE INFORMATION REQUIRED TO PROCESS THEIR CLAIM OR THEY WILL LOSE THE RIGHT TO APPLY UNDER THE PENSION ACT. IN THAT EVENT, APPLICANTS MAY APPLY UNDER THE NVC


CF MEMBERS AND VETERANS WHO ARE ELIGIBLE TO APPLY UNDER EITHER THE PENSION ACT OR NVC HAVE ONLY A SHORT TIME TO EXERCISE THAT CHOICE AND SHOULD WEIGH THE BENEFITS OF EACH OPTION CAREFULLY BEFORE MAKING A DECISION. INFORMATION ABOUT THE NVC IS PROVIDED ON THE VAC WEBSITE AT HTTP://WWW.VAC-ACC.GC.CA. THE LINK ENTITLED QUOTE APPLY NOW OR LATER ENDQUOTE ADDRESSES THE CHOICE BETWEEN BENEFITS UNDER THE PENSION ACT AND THE NVC, AND THE QUESTIONS AND ANSWERS ALSO IDENTIFY FACTORS TO BE CONSIDERED WHEN MAKING THE DECISION. INFORMATION ON PROCESS AND BENEFITS CAN ALSO BE OBTAINED BY CALLING THE VAC TOLL-FREE LINE IN ENGLISH AT 1-866-522-2122 OR IN FRENCH AT 1-866-522-2022


COMMANDING OFFICERS ARE ASKED TO ENSURE THAT THIS MESSAGE IS DISSEMINATED WIDELY
 
Having had maybe two years of service in the PRes, none of it involving an overseas deployment, I cannot call myself a veteran. Even so, I find the provisions of C-45 disturbing in the extreme. On its face, it is blatantly unconstitutional legislation, and it probably would not survive a Charter challenge.

What is even more disturbing is NDHQ's apparent rush (as demonstrated by the CANFORGEN quoted earlier in this thread) to implement the provisions of C-45  before it has even become law. It almost looks as if this piece of smarmy legislation was a parting shot the Liberals made in hopes of finding something that would embugger the Tories if they won the election. There is no question that if the bill passes, it will destroy the military's chances of recruiting anyone once word about its provisions gets out.  This is so odious that Harper should be taking a good long look at the senior bureaucrats who run NDHQ and perhaps start cleaning house.

There is something else that is disturbing about C-45, and that is the precedent it could set if it survives a Charter challenge. The ramifications are potentially huge, as private sector and other public sector disability plans could remodel their systems along the lines
of C-45 knowing they would have the full blessing of the Supreme Court.
 
It is Law and has been passed, it got quick tracked through last year... on 13th May 2005...
http://www.parl.gc.ca/38/1/parlbus/chambus/house/bills/government/C-45/C-45_4/C-45_cover-E.html is when it received Royal Accent

It was posted on the Canada Gazette a few times the one I found recently was
http://canadagazette.gc.ca/partI/2006/20060121/html/regle1-e.html but it was to extend this one that was published

Canada Gazette, Part I, Vol. 139, No. 51, on December 17, 2005, is extended.

And yes it supposed to go into effect 1st April.. Unless by some means they or it can be delayed untill it can be sorted out/changed to
read better, and fix some of those items

this is from Veterans affairs website...

The New Veterans Charter legislation (Bill C-45) (external link) became law on May 13th 2005. Over the next several months, consultations with stakeholders will continue as regulations and program policies are written. Veterans Affairs Canada (VAC), through the efforts of several working groups, is preparing the Department to deliver the new services and programs

But Being out of the Military since 93, I didn't know of that or any Canforgens running around about the New Charter, so thanks for the info on that..

Any Yes if you recieve a monthly payment now then you will continue to recieve it. but any applications recieved after March 31st are under the New veterans Charter

http://www.vac-acc.gc.ca/clients/sub.cfm?source=Forces/nvc/newqa

# To be eligible for a monthly disability pension, we require a signed application received or postmarked prior to the coming-into-force date (expected to be April 1, 2006); and,
# Most applications for disability benefits received after the coming-into-force date will be processed as a Disability Award. There will be some cases where claims will be still ruled under the Pension Act, such as for clients seeking additional compensation for an already pensioned condition, or re-applying for conditions that have already received an unfavourable ruling. A VAC Pension Officer can advise about these situations.

 
I must be missing something here.  I was at a SCAN seminar in the fall where the VAC guy gave the "new C-45 brief" and it did not sound all that bad to me.  The rehabilation training, as I remember the briefing, was designed to get you back to some kind of work of your choice at the end of a certain period of time.  Admittedly, it did appear that the whole slant was to get people working and not just sitting around the house collecting disability money.  I'm thinking that, if I was unlucky enough to end up in a wheel chair because of my job, I would rather learn how to work rather than sit around the house feeling useless and sorry for myself.

Is there something else in this legislation that I should be concerned about that I have missed?
 
Well you are right.. But think of this in the case where you are un-able to work...

To be able to continue to recieve your benifits from VAC you STILL have to do
the vocational rehab program.

Even if it is known you can't work, failure to participate in that program losses you
the rights to the benifits...

Now even if you aren't that bad, and can work, but as we know age has a mark on
you when you go for employment, so you figure no i won't go through rehab, or start and
stop.. then you lose your benifits, or they are suspended untill you go back to rehab..

also the following...

does not allow for university education as part of the educational job training.

This is IF you don't have university degreee or education
C-45 education training disqualifies Veterans for opportunities to approximately 50% of Federal Public Service positions.
Priority placement in the Federal Public Service is a cornerstone in C-45. Since approximately 50% of Federal Public Service positions require university education and C-45 does not provide university education, recipients of the C-45 education program will not have access to approximately 50% of the Federal Public Service positions. As a result, disabled veterans who are forced to leave a skilled, high wage position in the military due to their a disability will be forced to take a lower (non-university education) paying position. Furthermore, one must question VAC’s commitment to the priority placement of disabled veterans in the Federal Public Service since the VAC appears to hire very few if any disabled veterans. Rumours of a “discomfort” felt by key bureaucrats within VAC regarding veterans working in the Department have been emerging over the past five years,

Removes the right of appeal through the Veterans Review and Appeal Board (VRAB) with the support of Bureau of Pension Advocates (BPA).

removes the ‘Minister’s’ obligation to provide counselling and assist applicants and pensioners in the preparation of applications for benefits (section 81 of the Pension Act)

 
Ok, I follow you now.

-I took the whole "you must accept training to get benefits" thing as a means of:

a) getting you back in control of your life and feeling like you had a purpose- which I think is healthy.
b) discouraging those who want to get VAC, just to sit around the house for the rest of their lives.

In those cases where you are obviously completely unable to work (say fully paralysed, in a coma, etc), are you saying you get cut of from any benefit?

-As far as VAC and priority placement in the public service- you are aware that VAC does not control employment policy for the Federal Govt, right?  That would be Treasury Board and Privy council.  I'm not defending VAC, but I humbly submit to you that is not that Department that has a problem with placement. 

I was not aware of the prohibition against University courses.  I guess that I understood my briefing differently (admittedly, it did not directly apply to me, so I wasn't fully paying attention).

Someone a few posts ago made the rather bold statement that C-45 would never stand a charter challenge.  Can I ask why?

Not trying to be difficult- I really am trying to understand this new legislation.

Cheers
 
As a disabled veteran I was contacted by VAC to give my opinion on the new charter and the new legislation. They wanted to know how I would respond to the new system given my injuries. I could not find much fault with the new program except that soldiers were at a disadvantage compared to Snr NCOs and Officers from the perspective of better making choices due to our knowledge of the system or age. I suggested that instead of creating a new system to solve some problems they should make SISIP and VAC work the way it was intended. The other issue is that the new system is not as generous. I still stand by that view and don't understand how they decided that it was a better approach since anyone I chat with who was asked their opinion  appears to be in agreement not to change the system just fix the issue with SISIP not paying out disability benefits to WIA soldiers.
 
This new program has a number of elements that may appeal to some, such as health care entitlement for those who are medically released with less than 9 years of service. Similarly, if you are going to be medically released under any circumstance, you should closely review the benefits under both plans to decide which one you should apply for as you may be further ahead under the new plan. That said, if you are only comparing dollars, you will find that the lump sum is approximately equal (depending on number of dependents, etc) to 6 1/2 - 7 years of monthly pension payments for the same condition/percentage of disability. If you plan on living longer than that, and decide that you do not need the job search, etc, then you are better off under the old program.
My belief is that the benefits of this program were already owed to the troops, and should have been provided by the government through VAC as a new program, funded by the government as part of the cost of deploying troops around the world to support Canadian foreign policy.  It should not have been paid for by reducing the benefits that historically have gone to those who are less disabled.  In future, if you are 25% or less disabled, you will have significantly less benefits, that is how this is being paid for.  It basically uses the money that would have been paid to the lesser disabled veterans to pay for increased benefits for a small number of more disabled, as well as paying for a significant increase in staff, and pay raises for some who are already employed, at Veterans Affairs Canada. The last government was very keen on doing something that could be portrayed as being pro-military, with no cost, in a hurry.  As a result, it got rammed through despite the best efforts of senior military personnel - and despite what you may think, this issue was challenged at the highest level of our military, until they had their chain jerked.  At that time, it was fait accompli.
 
Here is another conversation posted on veteranvoice about a meeting that went on 2 March 2006 passing along for your info.....
link to page www.veteranvoice.info/bulletinboard.htm need to click latestnews left side

Bureaucrats Plan to Bring New CF Disability Programs Online April Fool’s Day:

New Package Takes Away Far More than it Gives Disabled Soldiers of Afghanistan and Future Actions

Text of Press Conference March 21, 2006

Introduction

As you are aware, Veterans Affairs Canada plans on bringing C-45, or the so-called Veterans Charter, into force on April 1, 2006. C-45 programs will not directly affect any of the retired CF members here today. Their military experience reflects a wide range of combat and peacekeeping missions from Cyprus, Namibia and the Gulf War to the horrors of Visoko, Sarajevo and Srebrenica as well as Rwanda. All of these veterans are here today in a show of support for the men and women in uniform who may not know the details concerning C-45 and who cannot speak out.

I would like to introduce our first presenter, Sergeant Tom Hoppe.
Tom Hoppe: Biography

Sergeant Hoppe served in the CF for 20 years, working in Germany, New Zealand and Bosnia.  In 1994, while serving in the former Yugoslavia, Sergeant Hoppe risked his life to rescue three undefended children who were being shot at by snipers. He went on to successfully command his patrol during several highly dangerous engagements with opposing forces. In recognition of his conspicuous leadership and bravery under fire, the Governor General awarded Tom Hoppe with both the Meritorious Service Cross and the Medal of Bravery.  As Canada’s most decorated soldier since the Korean War, Tom Hoppe has been the subject of documentary films, featured in three books, listed in Canada’s "Who’s Who," and, in a recent ceremony, had a street named in his honour by the City of Calgary.

No other modern CF member, retired or otherwise since the Korean War, including our most distinguished Generals are as decorated for bravery as Tom.

In recognition of his leadership, Tom was appointed to the DND Ombudsman Advisory Committee in 2001.
Tom Hoppe: Presentation

As a citizen and former soldier, I was shocked to find out the new veterans bill or C-45 takes away more than it gives to our troops in Afghanistan if they get hurt. Knowing this I could not in good conscience just turn a blind eye and say nothing. Although these new programs do not directly affect me, I cannot stand on the sidelines knowing the negative impact C-45 programs will have on our troops.

60 years ago, our grandfathers returned from war and were provided with good and comprehensive veterans benefits. One must ask why the new veterans’ bill, slated to go into effect April 1, gives dramatically less to the soldier in Afghanistan than their grandfathers received for the same disabilities.

Canadians may find it difficult to imagine that a young person who grew up on video games and Reality shows requires the same benefits as their grandfathers did when they returned from war.  There is an unfortunate perception that peacekeepers do not face the same dangers as soldiers in previous conflicts. Canadians also think that our modern veterans are well looked after when they become disabled as a result of their service. However, modern peacekeeping is warfare and bullets, bombs and the horrors of war cause the same damage to the human mind and body today as they did in the past.

I know MPs from all parties support our troops and in their hearts want to do the best for our veterans and soldiers. I also know that the greatest change in the way Canadians treat disabled soldiers and their families was rushed through Parliament for all the wrong reasons last May. Most if not all MPs, serving CF members, Veterans, their families and Canadians did not have the time to understand the implications of the new veterans Charter. Passing C-45 through the full committee stage undoubtedly would have provided the MPs, the veterans community, the CF and Canadians with the necessary information to make an informed decision. But this did not happen.

You will hear Veterans Affairs bureaucrats say the bill was supported by six veterans’ organizations. But what they will not say is that a maximum of two members represented each organization and that the individuals were sworn to secrecy. The representatives were not permitted to divulge the details of C-45 to any of their members. Is this consultation? Furthermore, the veterans representing the organization are ex-soldiers, not lawyers and therefore, they might not understand the full consequences of this bill.

There are also some very senior veterans, some in government who support this bill. I believe that these senior veterans probably don’t understand the implications of C-45. If they do and still support C-45 I ask them to lead by example and give up their current disability benefits in favour of the new benefits offered under C-45. Actually, if VAC as well as the traditional veterans organization truly believe C-45 is an improvement in benefits as they claim, then why not make every veteran equal and have the benefits of this bill retroactive to the Second Word War veterans.

How can fathers and grandfathers support a bill that gives less to their sons and grandsons who are serving in Afghanistan? Should not a parent want the same or better life for their children?

Young men and women are fighting to bring democracy to Afghanistan and yet they were denied the democratic process in their own country with a bill that will affect not only the their own lives but the lives of their families.

This is a democracy and as citizens we have a right to be involved and voice our concerns if something is not right. If we as veterans and citizens sit back and do not get involved in the process then we have given permission for government and bureaucrats to make decisions on our behalf that will affect our well being and future. I as well as many others are now discovering the truth behind creating bill C-45: it appears to be all about money. One must ask if the bureaucrats are so insensitive as to take away benefits from disabled soldiers and their families, when will it stop? Old age benefits? CPP disability benefits?

We have sent a number of separate letters to the Prime Minster, the Ministers of Defence and Veterans Affairs as well as a number of opposition MP’s. We have called upon them to send C-45 back to the committees and consultation it has thus far been denied. The government must ensure that the right people are involved not because of rank or positions held, but like Sean here because of the knowledge they bring to the table.

There are many dangers in taking a new military vehicle onto the battlefield without first testing its capabilities and limits. C-45 is so new, very few if any understand the implications and details of C-45 outside of a very closed group of bureaucrats. It would be very unwise to take such an important piece of legislation onto the field untested especially since we are not talking about vehicles but the lives of disabled soldiers and their families.
Louise: Biography

Next, I would like to present Lt(N) Louise Richard. Louise has been a cornerstone of veterans’ rights, defending the disabled when many have remained silent. She served as a Nurse in the forward field Hospital during the Gulf War and returned suffering a battery of debilitating symptoms commonly referred to as Gulf War Syndrome. Her experience in fighting through the often insensitive and unprepared bureaucracy for her care strongly impacted her sense of justice. Ever since she has fought to ensure that disabled veterans and their families receive the care and dignity Canadians and the Canadian Government expect to grant those who are willing to make the ultimate sacrifice to defend Canada and the world.  She was one of only three individuals who were willing to speak out against C-45 in the Senate Committee hearing held in May 2005.
Louise Richard: Presentation

When I first heard about the proposed new “Veterans Charter”, I also believed that C-45 would be good for disabled veterans and their families. However, on closer viewing, I came to realize that this enormous change in the way Canada would treat disabled veterans had some very serious problems. The root of these problems can likely be traced to the failure to consult with the actual disabled veterans and their families when the bureaucracy wrote the legislation. When I heard that due process, the foundation of our democracy, was being bypassed, I had to speak out.  It was for this reason that I testified at a very rushed 2 hour Senate hearing regarding C-45 on May 11, 2005. The one positive result of the hearing was the conclusion of the Senate that the so-called Veterans Charter failed to take into account the needs of the more disabled soldiers, veterans and their families. For this reason, Veterans Affairs Canada was obligated to create the Special Needs Advisory Group or SNAG in September of 2005. I was extremely honoured when VAC invited me to be a permanent-sitting member on SNAG. I was most encouraged thinking that the needs of the most disabled soldiers and veterans would finally be addressed.

Six months later, I am here to tell you that I am very uncomfortable with the new Veterans Charter. Unfortunately, the excellent dedication and work of all the SNAG members appears to have resulted in little if any positive change in the actual programs. I, personally, will be unaffected by C-45 directly. However, my sense of justice is severely troubled to think that those future soldiers and veterans most needing help when they become disabled will not have their needs met by C-45. My heart has always been with those veterans, young and old, who have fallen through the cracks. I truly believe that Veterans Affairs was willing to change their approach in dealing with seriously disabled soldiers and their families. I am afraid that as C-45 is currently written, the special needs of disabled soldiers, veterans and their families, which care for them, will not be met. As such, I hereby announce that if the C-45 comes into force as it is currently written, I will offer my resignation on that day.
Conclusion: Sean Bruyea

Completely revamping a disability and health care program for disabled veterans which has been in place for almost an entire century is an extremely complex undertaking. For this reason alone, C-45 needs to be revisited by Parliamentary committees and the Canadian public in open and transparent consultations which have thus far been lacking. One must question the bureaucrats’ urgency in forcing through C-45 since even the RCMP who are presently covered under the current program have not signed on to the new benefits. As I understand, the RCMP feels that C-45 does not meet their needs. This begs the question: how can C-45 meet the needs of the CF if it does not meet the needs of the Royal Canadian Mounted Police?

The cornerstone of the C-45 employment program is priority job placement in the Federal Public Service. However, approximately 50% of the positions in the Federal government require university education and C-45 does not provide any university education.

Bureaucrats will tell you that they promise to amend policies after April 1, 2006. However, ignoring the bureaucrats’ failed promises to consult with the disabled stakeholders in this process, no amount of change to the policies or regulations will fix the flaws of the actual legislation.

It is very likely that had the office existed, an Ombudsman for VAC would have been able to raise the alarms on the secretive process in creating C-45 as well as pointing out the many flaws of the actual programs. It is our hope that the creation of VAC Ombudsman may allow such an office to yet review the legislation and make recommendations BEFORE new programs are put into effect.

It must be emphasized that the few veteran organizations involved in the so-called consultations are supporting a program which takes away a lifelong disability award for the brave soldiers in Afghanistan while the members of their organisations continue to receive their awards for life.

The sixty thousand serving CF members including 2200 soldiers in Afghanistan joined the Canadian Forces with the clear understanding that if disabled they would be cared / for life under the current programs. We do not feel that the bureaucrats have the right to reduce their disability and care benefits after the soldiers have already joined without full disclosure to the soldiers as to what they are giving up. One can only imagine paying up front for a new red pick up truck and then showing up at the dealership and being given a used yellow compact car. C-45 is not what was in the contract when the soldiers signed up.

The soldiers in the CF are fulfilling their end of the bargain, that is, willing to make the ultimate sacrifice. The bureaucrats have no right to change the terms of the contract and reduce disability benefits midstream.

The brave men and women in Afghanistan are risking their lives defending others; it is up to Canada and Canadians to defend the rights of our men and women in uniform while they protect ours.
 
As I remember it, it was the Liberal Government who revised this and the date was set for implementation prior to the election.

Was there not some changes made just prior to implemenation regarding the 250,000 lump sum payment?
 
Bin-Rat said:
No other modern CF member, retired or otherwise since the Korean War, including our most distinguished Generals are as decorated for bravery as Tom.
I know I'm detracting from an important thread, so I'll just hijack for a moment to call BULLSHIT

I humbly suggest a perusal of the SAR Tech Association website to see which modern CF members are more decorated for bravery...plus those who are merely equally decorated!

I now return you to yet another example of the Canadian government's appreciation for its military  :mad:
 
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