ISSUE:
A Veteran came to us after VAC (Veterans Affairs Canada) denied their request for Diminished Earning Capacity (DEC). The Veteran applied before April 1, 2019, when changes to the Veterans Well-being Act took effect – a key date, because Veterans who were granted a DEC before this deadline remained eligible for the Career Impact Allowance and Supplement, which were discontinued for new applicants after that point. But delays outside of their control meant key medical assessments weren’t completed before the March 31, 2019 deadline.
Although medical evidence received after the initial decision showed the Veteran had serious mental and physical health issues and couldn’t work full-time, VAC continued to deny the DEC request on appeal.
The Veteran disagreed with the decisions.
ACTION:
We looked into the case and found problems with how the decisions were made, including:
- Important medical reports were ignored or not given sufficient consideration.
- VAC did not apply the legal test for DEC.
- Instead, VAC applied a stricter test for eligibility than what was written in legislation.
We asked VAC to do a full review under the Minister’s authority. They agreed and, after review, changed their decision.
RESULT:
The DEC designation was backdated to March 25, 2019, which meant the Veteran was now eligible for the Career Impact Allowance Supplement.
The results:
- The Veteran received a payment of over $81,000 for missed benefits.
- Their monthly support was increased by $1293 before deductions.
This outcome was only possible because the Veteran spoke up, and we stepped in to address the unfairness. In the end, the process led to a fair outcome and ensured the Veteran received the support they were entitled to.