Mods: can we change title to: VAC Entitlement Policy Change - Hearing Loss/Tinnitus
A VRAB employee mentioned this to me. To clear this original post up, I phone VAC and was informed it is only for Hearing Loss and Tinnitus.
https://legionmagazine.com/en/2018/09/hearing-loss-aid-improved/
Extract from Legion magazine, 7 Sep 18
Veterans Affairs Canada compensates veterans for partial or full hearing loss and tinnitus caused or aggravated by military service. Its compensation policy changed in February to improve the benefit for some of those who receive a partial entitlement.
Prior to Feb. 23, partial entitlement was awarded when the disability was the result of both service-related and non-service-related factors. Now, full entitlement to disability benefits can be awarded simply if hearing loss greater than 25 decibels was documented by an audiogram during service or at the time of discharge and/or if service is reasonably found to be the initiating factor that caused it. (For more details, see second article below)
This is expected to result in some veterans who are already in receipt of a partial entitlement receiving more of a benefit, whether they are covered by the Pension Act or the Veterans Well-being Act (VWA).
For example, under the Pension Act, a veteran assessed with 23 per cent hearing loss and receiving a monthly pension of $139.63 at a one-fifth entitlement would receive $698.13 at a full entitlement. And this could be retroactive up to three years. (Each case is different depending on when it started.)
Under the VWA, a veteran with a 30 per cent hearing-loss assessment at one-fifth entitlement who received a lump-sum disability award of $18,270 would receive an additional $91,350 if granted a full entitlement. There is no retroactivity with the disability award.
This new policy is a step in the right direction but does not include cases that are under the jurisdiction of the Veterans Review and Appeal Board (VRAB). The most expedient and preferred solution would be for the VRAB to refer the partial entitlement decisions back to VAC. However, like other recent tweaks to the VWA, this change suggests that the government is finally beginning to listen more to its veterans than its actuaries and accountants.
Changes to hearing-loss disability benefits
September 7, 2018 by Legion Magazine
If you are in receipt of partial entitlement (1/5, 2/5, 3/5 or 4/5) for hearing loss, you should contact a Royal Canadian Legion command service officer to review your file. Why?
Because on Feb. 23, 2018, Veterans Affairs Canada promulgated a new partial entitlement policy. The new policy provides guidance in awarding partial or full disability entitlement benefits for:
• Disabilities arising from both service-related and non-service-related injury or disease (causation);
• Disabilities arising from non-service-related injury or disease that was aggravated by service (aggravation); and
• Disabilities arising from a consequential relationship (consequential).
Where it is determined that hearing loss was documented during service, or at the time of discharge, and/or service is reasonably found to be the initiating factor causing the current hearing-loss disability, then full entitlement to disability benefits may be awarded.
If the first injury/event factor to cause a hearing loss is service-related, then causation is considered and full entitlement is awarded. There would be no need to consider other possible contributing factors.
Prior to Feb. 23, partial entitlement was awarded where the disability was the result of both service and non-service-related factors. When it is discovered that partial entitlement has been granted for causation, the department will initiate a departmental review on the minister’s own motion and provide full entitlement.
In cases where entitlement was granted by the Veterans Review and Appeal Board, the department does not have the jurisdiction to do a departmental review unless the case has been referred back to Veterans Affairs Canada. (But, you can request VRAB to assist you with a Reconsideration)
Members or veterans in receipt of partial entitlement for a hearing-loss disability can contact a command service officer to review their file by calling 613-591-3335 or toll-free at 1-877-534-4666 to speak with a service officer. They can also e-mail veteransservices@legion.ca or visit the website www.legion.ca to contact a local command service officer.
