VRAB Appeal - Percentage maxed

[Ignatius]

I have an upcoming Appeal board and was wondering if I can get people's input on a question. Long story short, is it still worth it to go ahead with this Appeal hearing even though I am maxed out at 100% Disability with no more VAC funding as in lump sums? I was at the 85% Disability when I Registered with VRAB for the Appeal, but I got lucky with one of my VAC claims and was awarded a 15% rating which now puts me maxed out at 100% Disability. Is it still worth it to do the Appeal even though there won't be any compensation involved?

 

[CountDC]

Hi;

personally I think it is worth it to draw attention to a possible issue with the system. It may not benefit you but it could help someone else down the line.

 

[Sythen]

I have an upcoming Appeal board and was wondering if I can get people's input on a question. Long story short, is it still worth it to go ahead with this Appeal hearing even though I am maxed out at 100% Disability with no more VAC funding as in lump sums? I was at the 85% Disability when I Registered with VRAB for the Appeal, but I got lucky with one of my VAC claims and was awarded a 15% rating which now puts me maxed out at 100% Disability. Is it still worth it to do the Appeal even though there won't be any compensation involved?

Is the appeal for assesssment or entitlement? If it is for entitlement, it is worth it for the treatment options, even if you won't be getting direct money for it. And if you have BPA handling the appeal, it shouldn't be much effort on your part to move forward so no reason to not let it run its course, you never know what policy changes can happen in the future.

 

[ArmyRick]

I just got a VRAB notice back that my appeal on my VAC claim on my right ankle was approved (which VAC denied in 2023), they have awarded five-fifths (What the heck does that mean?), I contacted VAC and they said an adjudicator will figure it out in the next several weeks (months?)

Anybody got more insight or experience to share on this?

 

[Jarnhamar]

I just got a VRAB notice back that my appeal on my VAC claim on my right ankle was approved (which VAC denied in 2023), they have awarded five-fifths (What the heck does that mean?), I contacted VAC and they said an adjudicator will figure it out in the next several weeks (months?)

Anybody got more insight or experience to share on this?

Five-fifths means your entire right ankle condition is due to military service.

Five-fifths = 100% military related in other words.

VRAB only decides entitlement, not the assessment (the percentage of disability).

Next they'll decide how bad your injury is and what percentage disability it is.

This table should give you a good idea where you, uh, stand.
Table 17.12

Nil	Normal range of motion without pain.
Two	Recurrent sprains of ankle.
Four	Essentially normal range of motion but pain now present on a daily basis and/or with movement.
Nine	Dorsiflexion no more than 10°; or Plantar flexion no more than 15°; or Ankle unstable* on clinical exam.
Thirteen	Dorsiflexion no more than 5°; and Plantar flexion no more than 10°.
Eighteen	Ankylosis in position of function.
Twenty-Six	Anklylosis in an unfavourable position; or A flail** joint.

Add 1-3% for quality of life for your total disability %.

 

[PPCLI Guy]

My understanding is that there is Additional Pain and Suffering Compensation that can be applied for beyond 100%. I am at 107%, but have not made a claim yet

 

[Jarnhamar]

My understanding is that there is Additional Pain and Suffering Compensation that can be applied for beyond 100%. I am at 107%, but have not made a claim yet

Additional pain and suffering compensation can be applied for injuries on an individual basis, no need to reach 100% over all disability.

For example using ArmyRicks right ankle.
He has five-fifths entitlement and lets say rated 20% disability.

APASC kind of comes down to how much it limits his daily life; work, recreation, independence, relationships, etc.

If his quality of life is deemed as having major life limitations because of the injury he could get about $1,100/month in addition to a 20% pain and suffering award ($278.40/month or $90,579.75 lump sum)

You only get 1 APASC claim but multiple conditions would go towards your over all rating. Max (level 3) is about $1700 a month.