Do you get partial entitlement (1/5th, 2/5ths, 3/5ths, 4/5ths) for your medical conditions that developed due to service in the military or RCMP? Have you received a monthly pension, a disability award or pain and suffering compensation from Veterans Affairs Canada for a medical condition and not been reassessed in several years? Was your application regarding hearing loss denied? If so, two newer VAC policies may impact you.
The first for partial entitlements, provides guidance in awarding partial or full disability entitlement benefits for:
•disabilities arising from both service- and non-service-related injuries or diseases;
•disabilities arising from non-service-related injuries or diseases, that were aggravated by service;
•and disabilities arising from a consequential relationship to service.
Previously, partial entitlement was awarded if the disability was the result of both service and non-service-related factors. Now, full or 4/5ths entitlement is granted based on the criteria above. Typically, 4/5ths is granted if a pre-enrolment, non-service-related medical condition was evident or if a significant injury occurred.
Regarding hearing loss, if it’s determined that it was documented during service or at the time of discharge, and/or if service is found to have caused or contributed to it, then full entitlement may be awarded.
The new policies aren’t, however, sufficient grounds to reopen cases of partial entitlement, except for hearing loss, even if it was originally denied. And if benefits were granted by the Veterans Review and Appeal Board, a further appeal is necessary.
Members or veterans with partial entitlement for any condition, or who were denied a hearing loss disability, may want to contact a Legion command service officer to review their situation. Call 1-877-534-4666 toll-free to speak with a service officer, email veteransservices@legion.ca or visit www.legion.ca to contact a service officer in your area.
Advertisement