Systemic Unfairness Found in Veterans Affairs Canada’s Internal Review Process

December 3, 2025 - Ottawa, ON – Veterans Ombud Colonel (Ret’d) Nishika Jardine released a report identifying systemic unfairness in the Veterans Affairs Canada (VAC) Internal Review Process. Veterans use this process to appeal decisions for a wide range of benefits under the Veterans Health Care Regulations and parts of the Veterans Well-being Act.  

The Office of the Veterans Ombud (OVO) initiated this investigation after receiving numerous complaints from Veterans who found the appeal process confusing and lacking transparency and responsiveness to their arguments. The OVO examined a number of National First and Second Level Appeals cases and found the majority of negative decision letters failed to provide clear reasons.  Indeed, Veterans have often said to the Ombud, “I don’t even understand why I have been denied this benefit.” 

The report makes three key recommendations to resolve the unfairness:  

1. Ensure National First Level Appeals (N1LA) and National Second Level Appeals (N2LA) decision letters contain reasons for the decision that:  
   1. show that the decision maker considered all relevant client submissions;  
   2. follow an understandable chain of reasoning from the evidence to the decision outcome in the context of the applicable rules; and
   3. explain how any competing evidence was weighed.
2. Clarify in policy and training that the first level review authority for decisions under Part 1, Part 1.1, Part 2 and Part 3.1 of the Veterans Well-being Act is broader than its second level review authority, and instruct that the first level review decision maker should take a fresh look at the evidence rather than narrowly verify that the decision under review was free from error.
3. Add a Minister’s own motion authority to the Veterans Health Care Regulations. 

"These appeal decisions affect people’s lives,” said Veterans Ombud Colonel (Ret’d) Nishika Jardine. “Veterans don’t understand why the letters they receive from VAC don’t even acknowledge never mind respond to the reasons they wrote for why they should be granted the benefit – it’s not fair. By not communicating reasons for denying benefits clearly and accurately, VAC risks destroying the sacred trust that has been afforded them by Canada’s Veterans. The recommendations I am making in this report are meant to resolve this unfairness."

The Veterans Ombud calls on the Minister of Veterans Affairs to immediately make these changes to ensure the VAC Internal Review Process is fair to Veterans. 

Link to report:  https://ombudsman-veterans.gc.ca/en/publications/systemic-reviews/the-veterans-affairs-canada-internal-review-process
 
Media Relations Contact:  
Lucille Hodgins  
Tel: 613-617-7205 
Email: Lucille.hodgins@ombudsman-veterans.gc.ca