VAC appeal assistance

[Hotrod1970]

looking to get some first hand knowledge of similar experiences with appealing decisions.
broke lower tib/fib around 1996 and now have metal plate and screws. happened in parking lot outside work due to icy/poor conditions.
was denied based on didn't happen while on duty(just before showing up for work)in the parking lot. appealed decision with CF98 showing CO's signature and box checked stating happened during performance of duty. still denied.
frustrated with lack of help from lawyers over the phone lost interest in the fight.
may be releasing soon and advice from co-workers decided to get this checked into again.
called BPA today and person on phone said I couldn't appeal it again but have to submit forms for reconsideration.
any assistance to this would be great. we can chat off forum if that's better.

 

[blackberet17]

Hi hotrod,

Claims like these are difficult ones. Even with the CF98 with your CO's signature and the checked box, in VAC terms, the claimed condition needs to have occurred while in the performance of military service. Occurring just before showing up for work, does not count for VAC as being on duty. It's the slight difference between the 24/7 duty status expectation in the RegF, and what is actually considered as duty status by VAC.

One thing you could look at is aggravation, IOW military service factors have aggravated your condition. I imagine ruck marches, running, etc., cause some degree of pain in the tib/fib area? This is an angle you may want to look at. Have you gone to sick pde/MIR with complaints after those kinds of activities with complaints of pain/soreness/etc in the tib/fib area? Something to consider.

When you say you "appealed the decision with the CF98", did you get an answer from VRAB or from VAC? If from VRAB, did you appeal that decision, as far as you know? If so, then yes, you'd have to go for the reconsideration route...which is a pain in the ass, I won't get into here for now. BPA is best placed to help you with that, but I can provide some counsel.

If the answer to your appeal with the CF98 was from VAC, then you can ask for a review by VRAB.

Let me know, I'll help as much as I can.