DMCA Review Release Item Change - 4C to 3B

[Tanker61]

released 4C in 94 from Wainwright after being pressured into it.  Should have been a Medical release for low back injury so years later requesting a review from DMCA as VAC determines I have a service related inury and has issued a disability award. Anyone out there going through the same situation? Thoughts and advise are appreciated.

 

[OldSolduer]

There are a number of you in the same boat.

In what geographic area are you? I can direct you to the proper authority.

 

[snowball17]

I actually had a friend who had theirs changed from a 4c to a 3b. As far as I remember it took about 9 months to have it changed. He too was awarded a VAC lump sum award. He currently as well is on the income supplement program through VAC. He did however have difficulty at first because VAC wanted him to apply for SISIP and use their benefits first. What the issue he ran into was that he never applied for SISIP after his 4c release because he didn't think he was intitled to it. VAC said before they would put him on the income supplement program he had to exist all avenues of income first, meaning he had to apply to SISIP and use any monetary benefits that he would qualify for. I know that this process has taken him months, and still isn't fully finished, the result of this was that SISIP is paying him the 2 years of LTD at 75% of his release salary, even though it is past the required time line to apply for the benefits. He was also told that they would be paying him in a lump sum for all previous months, and then at this point he would only have about 6 months of payments left of the 24 months. Once that 6 months is up, he then would be eligible to go on the income supplement program through VAC. Until he receives payment through SISIP VAC is continuing to pay him on the supplement program, but he had to sign a promise to repay note to VAC that states all monies that was paid under the income supplement program during the time frame that he was to be on SISIP will be returned to VAC once he has receives the lump sum payment from SISIP which is equal to about 18 months worth. Once he is done on the SISP LTD program ( About 6 months) he then will resubmit his application for the VAC income supplement program and will not be penalized for the money that he had received previously from the VAC income supplement program.

 

[Tanker61]

I am in Calgary, Alberta. Sorry for the late reply I should be checking this thread way more often

 

[OldSolduer]

I am in Calgary, Alberta. Sorry for the late reply I should be checking this thread way more often

The IPSC in Calgary should be able to give you a hand.

Good luck.

 

[GI JANE]

I have somewhat of a simular situation...

I've was in the Reserve for approx 11 yrs then transferred to the Reg F.  I then released 4(c) in 2009 (but transferred back to the reserve) after my initial 3 yr contract.  I didn't actually fulfill the 3 yrs - I asked to get out sooner and was approved.  When I transferred to the Regs I opt to buy-back just over 10 yrs of service (from Class B & C time).  It was a hasty decision to get out of the Reg F and now believe I should have been released medically but I just wanted out.  Since transferring back to the reserves - I've mostly worked part-time (class A) however, I have had a couple of short term class b contracts, but I'm not able to function.  I suffer from depression which is not attributed to military service.  Financially I'm in rough shape....when I got out of the reg f before completing the 3 yrs I waived my serverance pay.  Since I haven't been able to work much I've cashed my RRSP's and maxed my line of credit to support my family.  And now there is no more savings or loans so I need to work.

If I'm medically released now (a class A reservist), am I entitled to an immediate annuity?  (I know it won't be a full pension, as I've only got about 13 yrs pensionable service)...but anything will help.  And maybe I'll be able to hold down a part-time mim wage job!

Any sugguestions as to how I can improve my situation....thanks.

 

[dapaterson]

I have somewhat of a simular situation...

I've was in the Reserve for approx 11 yrs then transferred to the Reg F.  I then released 4(c) in 2009 (but transferred back to the reserve) after my initial 3 yr contract.  I didn't actually fulfill the 3 yrs - I asked to get out sooner and was approved.  When I transferred to the Regs I opt to buy-back just over 10 yrs of service (from Class B & C time).  It was a hasty decision to get out of the Reg F and now believe I should have been released medically but I just wanted out.  Since transferring back to the reserves - I've mostly worked part-time (class A) however, I have had a couple of short term class b contracts, but I'm not able to function.  I suffer from depression which is not attributed to military service.  Financially I'm in rough shape....when I got out of the reg f before completing the 3 yrs I waived my serverance pay.  Since I haven't been able to work much I've cashed my RRSP's and maxed my line of credit to support my family.  And now there is no more savings or loans so I need to work.

If I'm medically released now (a class A reservist), am I entitled to an immediate annuity?  (I know it won't be a full pension, as I've only got about 13 yrs pensionable service)...but anything will help.  And maybe I'll be able to hold down a part-time mim wage job!

Any sugguestions as to how I can improve my situation....thanks.

My understanding is that on releasing for medical reasons you would be entitled to an immediate annuity.  At 13 years, you'd get 26% of the average of your best five years, with immediate indexing for inflation (reduced at age 65).

You may also be eligible for disability payments through CPP.

I'd recommend you contact your local JPSU - they should be able to provide some guidance and assistance.

 

[GI JANE]

Is it near impossible to change my original release item from the Reg F to 4(c) to 3(b)?  Should I bother to try and get it changed?

 

[dapaterson]

Is it near impossible to change my original release item from the Reg F to 4(c) to 3(b)?  Should I bother to try and get it changed?

It is possible to do.  As I am not a release expert, I can't give guidance on how to do so.  Again, I'd suggest the JPSU as your initial point of contact to discuss the issue.

 

[OldSolduer]

It is possible to do.  As I am not a release expert, I can't give guidance on how to do so.  Again, I'd suggest the JPSU as your initial point of contact to discuss the issue.

It is possible to do so, but to echo dapaterson you need to find out where your local IPSC is. PM me and I can help you out.

 

[Staff Weenie]

Refs:  A.  5225-1 (DMCA) 21 Sep 11
B.  DDP 3.01 (Ammendment #46)

Ref A clearly defined the arcs on review of release items by former members. Ref B (and any IPSC should have that on hand) provides clear explanations of the new policy.

Basically put, once a member has released from the CF, their actual Release Category will not be changed.  Should there exist on their pers file and/or med docs, information that proves their injury/illness is the result of service, and they would not have met Universality of Service at the time of their release, their Release Category can only be annotated 'Disabled' (i.e. 4(c)-Disabled).

Clear as mud?

 

[Wilder]

How to circumvent a 4B (Disabled)?  Back story, Was on TCAT prior to release (June 2012), Medical file is in D Med Pol.(went there Jan 2012) When contacting my Physiotherapist recently due to attempt to re-enroll I found out i should have been off MEL's back in May 2012!  I was never told I was discharged (2 appointments with the physio office had been cancelled due to her not being there then I was released thus no more appointments)  I never had the opportunity to address that in my release medical because I was unaware. Although I did say my injury was not as severe.  I did send a certified copy of this information from my Physiotherapist to DMC3 as well as a letter but I think I may need to take more steps or provide better supporting documentation.

I am not sure as to how to proceed and the phone number for DMC3 that I have is rarely (one time in approximately 20 attempts over a course of 2 weeks) answered and has no voice mail.

Help or advice is welcome.

 

[PuckChaser]

If you didn't book the appointment to do a Part 1 and Part 2 medical, your TCAT was still in effect when you released so they gave you a 4(b). You're probably going to have to go to a doctor and get a note saying your injury is fixed at the bare minimum.

 

[Wilder]

Note from attending Physiotherapist is in already.  I will make an appointment with a physician as well and also get that in writing, not that I think a physician would be able to say much more than yes you look fine to me.  (had been for CAT scan, Bone Scan, X rays etc when the CF was trying to narrow down what was wrong with me.  Turns out it was a simple muscle problem easily rectified with 7 sessions of massage and exercises)

 

[georgeg]

Refs:  A.  5225-1 (DMCA) 21 Sep 11
B.  DDP 3.01 (Ammendment #46)

Ref A clearly defined the arcs on review of release items by former members. Ref B (and any IPSC should have that on hand) provides clear explanations of the new policy.

Basically put, once a member has released from the CF, their actual Release Category will not be changed.  Should there exist on their pers file and/or med docs, information that proves their injury/illness is the result of service, and they would not have met Universality of Service at the time of their release, their Release Category can only be annotated 'Disabled' (i.e. 4(c)-Disabled).

Clear as mud?


Really. I was released 5A and then annotated 5A-disabled 6 months post release. The CAF knowing full well of my medical situation TCAT and PCAT. I had surgery 5 weeks before release and I am not considered disabled? I have artificial parts in me.
Wow seems worthy of a lawsuit. It's like being dumped at the side of the road and told good luck sucker. VAC reviewed and gave me a lump. I am in worse shape than before. Filing for consequential injury.

So your claiming I cannot contest the clear establishment of not satisfying U of S and being released injured in spite of CRA?

 

[CountDC]

um - it was changed to 5A - Disabled as it was established after the fact that you did not meet UoS.  You were then paid by VAC.  Soooo what are you contesting???


Having surgery does not make you disabled - I have had surgery and am still fully functional (at least physically, mental is certainly questionable).  Nor does artificial parts make you disabled, others have such things.  In your case it was established once the med review was completed that you did not meet UoS, were disabled and the annotation added to your release item so that you were able to submit the claim to VAC.

 

[meni0n]

Sorry for bringing this up from the dead. To make the story short, injured in the reg force on duty, 12 months Tcat, vac disability approved. Put in release and got off TCat and then re-injured myself again a few months before release. Because I was releasing, I was just on chits and did very limited physio (3 sessions) and then judged that since I can do office work I can get off chit and released to the reserves.

I was forwarded a list of documents required to ask for a change of release item from the JPSU but my med docs are still at the hospital because I stayed in the reserves. I asked for a copy of my docs but didn't get those yet.

Now, I cannot do anything physical at the moment so I was wondering if it would be better to try to change my release item or just go the medical release route in the reserves.

 

[autumn]

Hello, it's a long story but I released voluntarily in 2017 but it was because of longstanding issues, discrimination, toxic work place and intentional career stagnation. I had no other exit routes and due to my psychological state, left the only way I could but it was 3 years shy of a pension. Since then, I had many VAC disability claims all attributable to my service and when I tried to change my release from 4c to 3b, they flatly denied it, provided no policy for UofS for mental health conditions and so I took it to the ombudsman who, after a tortuous year of back and forth clarifications finally offered to annotate with disabled. I don't know what these means though. Can I buy back my pension and get it indexed? O called the pension people and they never heard of it. Any info would be appreciated. Thanks