IT IS A PLEASURE TO APPEAR AT YOUR SUBCOMMITTEE ONCE AGAIN TO PROVIDE AN UPDATE FROM A LEGION PERSPECTIVE ON THE NEW VETERANS CHARTER (NVC).

Transcription

1 IT IS A PLEASURE TO APPEAR AT YOUR SUBCOMMITTEE ONCE AGAIN TO PROVIDE AN UPDATE FROM A LEGION PERSPECTIVE ON THE NEW VETERANS CHARTER (NVC). SOME OF OUR COMMENTS WILL DEAL WITH PROGRAMS AND POLICIES THAT ARE GERMANE TO BOTH THE NVC AND THE PENSION ACT (PA). WE WILL ADDRESS THOSE ISSUES FIRST AND THEN CONCLUDE WITH OUR VIEWS ON HOW THE NVC COULD BE IMPROVED. FIRSTLY, WE WOULD LIKE TO REITERATE OUR SUPPORT FOR THE NVC WHICH WAS INTRODUCED AT A VERY OPPORTUNE TIME. WE ATTRIBUTE THIS TO THE FACT THAT ALL POLITICAL PARTIES CAME TOGETHER IN A NON PARTISAN MANNER IN THEIR SUPPORT OF VETERANS. THIS APPROACH HAS ALSO RESULTED IN THE INTRODUCTION OF A VETERANS BILL OF RIGHTS AND THE APPOINTMENT OF THE FIRST VETERANS OMBUDSMAN, COL (RET.) PAT STOGRAN. THOUGH WE WOULD HAVE PREFERRED THAT THE OMBUDSMAN BE PROVIDED A LEGISLATED MANDATE 1

2 WITH WIDE INVESTIGATIVE POWERS, WE ARE CONFIDENT THAT THIS GOAL COULD BE ACHIEVED LATER ON BY BRINGING TOGETHER UNDER ONE UMBRELLA, THE VARIOUS FEDERAL OMBUDSMEN. THIS WOULD BE AN OPPORTUNITY TO INTRODUCE LEGISLATION THAT WOULD PROVIDE MORE INVESTIGATIVE POWERS AND WOULD RESULT IN THE OMBUDSMAN CENTRALIZED OFFICE REPORTING DIRECTLY TO PARLIAMENT. THIS WOULD ALSO RESULT IN SAVINGS AS OVERHEADS COULD BE REDUCED. THIS IS THE MODEL IN PLACE IN AUSTRALIA. OTHER INITIATIVES HAVE BEEN UNDERTAKEN BY VETERANS AFFAIRS CANADA (VAC) WHICH WILL DEFINITELY IMPROVE THE BENEFITS AVAILABLE TO VETERANS. FOR EXAMPLE, VAC HAS RELEASED A NEW HEARING LOSS POLICY WHICH RECOGNIZES THAT PARTIAL ENTITLEMENT MAY BE GRANTED FOR A PRESENT DAY HEARING LOSS DISABILITY WHERE THE AUDIOGRAM A VETERAN RECEIVED UPON HIS RELEASE FORM THE MILITARY SHOWS A LESSENING, BUT FALLS SHORT OF ESTABLISHING AN ACTUAL DISABLING HEARING LOSS. PREVIOUSLY, VETERANS 2

3 NEEDED TO HAVE A DISABLING HEARING LOSS UPON DISCHARGE TO QUALIFY FOR BENEFITS. AN APPLICANT MAY BE GRANTED FULL ENTITLEMENT IF: HE/SHE HAS ESTABLISHED A DISABLING HEARING LOSS (which equates to a Decibel Sum Hearing Loss (DSHL) of 100 Db or greater at frequencies of 500, 1000, 2000 and 3000 Hz in either ear; or 50 Db or more in both ears at 4000 Hz on the release audiogram, or, if no release audiogram, on the first post release audiogram.) HE/SHE CAN ASSOCIATE THIS DISABLING HEARING LOSS WITH NOISE AND MILITARY SERVICE. VAC & VRAB MAY NOW RECOGNIZE PARTIAL ENTITLEMENT FOR HEARING LOSS. WHERE BEFORE THEY ONLY RECOGNIZED FULL ENTITLEMENT, THEY CAN NOW ALSO GRANT PARTAIL ENTITLEMENT, UNDER BOTH THE PA & THE NVC IF: Applicant had a release audiogram that indicated a loss of greater than 25 Db (that is 30 Db) in either ear at any frequency in the range of 250 to 8000 Hz. Applicant has a current audiogram that meets the required standard of Disabling Hearing Loss, that is a 100 Db Sum Hearing loss or greater at 3

4 the 500, 1000, 2000 and 3000 Hz frequencies in either ear or 50 Db loss or greater at 4000 Hz in both ears. The loss of Db on current audiogram at the same frequency must be confirmed to be the same or greater as that on the release audiogram. Disabling Hearing Loss must be associated with noise and military service. VETERANS WHO MAY HAVE BEEN TURNED DOWN BY VAC OR BY VRAB FOR A FULL ENTITLEMENT FOR A DISABLING HEARING LOSS MAY UALIFY FOR A PARTIAL ENTITLEMENT. AS ALL CASES AND CIRCUMSTANCES MAY DIFFER AND ABOVE EXPLANATION DOES SIMPLIFY A COMPLEX PROCESS, WE DO INVITE APPLICANTS TO CONTACT A LEGION SERVICE OFFICER FOR ASSISTANCE WITH A VAC CLAIM OR AN APPEAL TO THE TRIBUNAL (VRAB). AS YOU MAY BE AWARE, THE LEGION MAINTAINS A NETWORK OF TRAINED COMMAND SERVICE OFFICERS ACROSS THE COUNTRY WHO PROVIDE REPRESENTATION SERVICES AT NO COST AT ALL LEVELS OF ADJUDICATION AND APPEAL TO ALL VETERANS. OUR TOLL FREE NUMBER IS:

5 AGAIN, LOOKING AT ENHANCEMENTS THAT COULD BENEFIT ALL VETERANS, WE ARE CONCERNED THAT PROGRESS HAS BEEN SLOW IN REGARDS TO THE ONGOING VETERANS HEALTH SERVICES REVIEW. WHILE WE HAVE FRAIL TRADITIONAL VETERANS AND SPOUSES WHO ARE UNABLE TO QUALIFY FOR THE VETERANS INDEPENDENCE PROGRAM (VIP) TO STAY IN THEIR HOMES, WHICH WOULD ACTUALLY BE A COST SAVING MEASURE FOR VAC, WE ALSO HAVE MODERN VETERANS WHO ARE FALLING IN THE CRACKS AND MAY NOT BE ELIGIBLE FOR LONG TERM CARE OR FOR IMPROVED FUNERAL AND BURIAL BENEFITS SIMILAR TO THOSE PROVIDED TO CF MEMBERS. WE ALSO HAVE HOMELESS VETERANS. VAC NEEDS A PROGRAM TO ASSIST HOMELESS VETERANS. THE LEGION IS READY TO EXPLORE THE MEANS TO IMPLEMENT SUCH A PROGRAM THROUGH OUR LEGION HOUSING CENTRE. IN THE SPECIFIC CONTEXT OF THE NVC PROGRAMS, PROGRAM ACTIVITY STATISTICS, AS PROVIDED BY VAC, ARE ENCLOSED. BEYOND THESE STATISTICS, WE WOULD LIKE TO COMMENT ON SPECIFIC PROGRAMS. 5

6 CANADIAN FORCES (CF) MEMBERS ARE RELEASED EITHER VOLUNTARILY OR VIA A MEDICAL RELEASE. BOTH PROCESSES CAN LEAD TO CF, SISIP (SERVICE INCOME SECURITY INSURANCE PLAN) AND VAC BENEFITS. THOSE BENEFITS ARE OFTEN INTERRELATED. SUFFICE IT TO SAY, WHEN DEALING WITH NVC PROGRAMS, WE ARE REALLY SPEAKING ABOUT FIVE (5) PROGRAMS: REHABILITATION DISABILITY AWARD FINANCIAL BENEFITS o ECONOMIC LOSS o INCOME SUPPORT o SUPPLEMENTARY RETIREMENT BENEFITS o PERMANENT IMPAIRMENT ALLOWANCE HEALTH BENEFITS JOB PLACEMENT THERE IS A PRIMARY GATEWAY FOR MOST NVC PROGRAMS, NAMELY THE REHABILITATION PROGRAM. TO SIMPLIFY WHAT IS A RATHER COMPLEX MATRIX (ENCLOSED), THE REHABILITATION GATEWAY MORE OFTEN THAN NOT LEADS TO THE FINANCIAL BENEFITS. UNFORTUNATELY, TWO (2) AGENCIES ARE RESPONSIBLE TO DELIVER 6

7 REHABILITATION, NAMELY THE CF SISIP AND VAC. THIS RESULTS IN COORDINATION CHALLENGES FOR BOTH SERVICE PROVIDERS. THUS, THE FIRST IMPROVEMENT WOULD BE TO ELIMINATE SISIP LONG TERM DISABILITY (LTD) REHABILITATION AND INCORPORATE IT INTO A SINGLE VAC/NVC PROGRAM. WHILE SPEAKING OF SISIP, WE ARE ALSO VERY CONCERNED THAT THE VAC DISABILITY PENSION BENEFITS CONTINUE TO BE OFFSET (THE SO CALLED SISIP CLAWBACK) FROM THE AMOUNT PAID OUT BY SISIP LTD. THIS HAS BEEN CORRECTED FOR NVC RECIPIENTS BUT DISABILITY PENSIONERS CONTINUE TO BE TREATED UNFAIRLY. AS YOU CAN VISUALIZE IN THE MATRIX, A VETERAN WITH A SERVICE RELATED REHABILITATION-NEED CAN BE DEEMED ELIGIBLE FOR THE REHABILITATION PROGRAM AT ANY TIME AFTER RELEASE. WHILE ON REHAB, HE/SHE WOULD ALSO BE ELIGIBLE FOR EARNINGS LOSS COMPENSATION WHICH WOULD GUARANTEE 75% OF HIS/HER GROSS PRE-RELEASE SALARY. HOWEVER, THIS GROSS PRE-RELEASE SALARY, DEPENDING ON WHEN VETERAN WAS 7

8 RELEASED, MAY NOT BE SUFFICIENT TO MEET CURRENT FINANCIAL NEEDS. A SIMPLE SOLUTION WOULD BE TO ADJUST EARNINGS LOSS (EL) TO REFLECT SALARY ADJUSTMENTS AND NORMAL RANK ADVANCEMENT THAT WOULD NORMALLY ACCRUE OVER ONE S CAREER BASED ON ACTUARIAL PROJECTIONS. THIS IS THE COMMON METHODOLOGY IN CIVILIAN COURTS. WE ALSO BELIEVE THAT, IN DETERMINING THE EL BASIC RANK, THE RANK OF PRIVATE SHOULD BE RAISED TO CORPORAL. ANOTHER PROBLEM IS RELATED TO THE DISABILITY AWARD (DA). IT IS VERY CLEAR THAT THE DA IS TO COMPENSATE FOR PAIN AND SUFFERING. THE DA RATES ARE AMENDED YEARLY FOR CPI AND OTHER ADJUSTMENTS. HOWEVER, A VETERAN WHO RECEIVES A DA DOES NOT GET ANY FURTHER ADJUSTMENT. VETERANS SHOULD BE ELIGIBLE FOR THIS ANNUAL INCREMENT AS PAIN AND SUFFERING DO NOT DISAPPEAR. FOR EXAMPLE, A VETERAN WHO WOULD HAVE RECEIVED A 100% DA OF $250, IN 2006 WOULD HAVE BEEN ELIGIBLE FOR A SUPPLEMENT OF $5, IN 2007 AND $5, IN

9 THE SUPPLEMENTARY RETIREMENT BENEFIT (SRB), WHICH IS PAID AS A LUMP SUM AT AGE 65 BASED ON 2% OF ALL POTENTIAL EARNINGS LOSS BENEFITS THAT COULD ACCRUE TO AN APPLICANT, IS MEANT TO MAKE UP FOR LOST OPPORTUNITY TO CONTRIBUTE TO A RETIREMENT FUND. HOWEVER, THIS SRB IS PAID AS A TAXABLE LUMP SUM. WE HAVE BEEN ADVOCATING FOR A METHODOLOGY THAT WOULD TRANSFORM THIS LUMP SUM INTO A PENSION INCOME. WE ARE ALSO CONCERNED THAT NOT ENOUGH INFORMATION IS PROVIDED TO INFORM VETERANS THAT IF THEY ARE EMPLOYED AND DO NOT QUALIFY FOR EARNINGS LOSS BENEFITS; THEY SHOULD STILL APPLY TO GAIN THE MOST BENEFITS POSSIBLE FROM THE SRB. FINALLY, EVEN THOUGH FAMILIES (SPOUSES AND CHILDREN) MAY BE ELIGIBLE FOR MENTAL HEALTH SUPPORT, ONE OF THE GATEWAYS FOR THESE SERVICES ASSUMES THAT THE VETERAN HAS APPLIED FOR MENTAL HEALTH CARE OF HIS/HER OWN VOLITION. AS THIS IS NOT ALWAYS THE CASE, THE ONLY VENUE OPEN TO THESE SPOUSES AND CHILDREN IS THE VAC ASSISTANCE LINE WHICH CAN OPEN UP SOME LIMITED SERVICES, ALBEIT ON A 9

10 RATHER RESTRICTED BASIS. WE ALSO FEEL THAT MORE CAN BE DONE AND SHOULD BE DONE TO FULLY INTEGRATE THE VAC OPERATIONAL STRESS INJURY CLINICS AND THE CF OPERATIONAL TRAUMA AND STRESS SUPPORT CENTRES (OTSSC). FOR EXAMPLE, BOTH CLINICS DO NOT EVEN HAVE A STANDARD INTAKE ASSESSEMENT TOOL. NOTWITHSTANDING THE ABOVE COMMENTS WHICH ARE MEANT TO BE CONSTRUCTIVE, WE BELIEVE THAT THE NVC IS PROVIDING A GOOD MIX OF PROGRAMS WHICH ARE ATTEMTING TO MEET THE NEEDS OF VETERANS. OUR RECOMMENDATIONS FOR IMPROVEMENT ARE MEANT TO ENHANCE THESE PROGRAMS. WE ALSO REALIZE THAT OTHER PROGRAMS ARE AVAILABLE TO CF MEMBERS WHICH, IF SUBSCRIBED TO, CAN MAKE A BIG DIFFERENCE FOR THEIR SURVIVING DEPENDANTS SUCH AS SISIP TERM INSURANCE, WHICH IS AN OPTIONAL BENEFIT. WE ARE ALSO AWARE THAT VERY OFTEN SERVING CF MEMBERS DO NOT PAY SUFFICIENT ATTENTION TO THE DESIGNATION OF THEIR PRIMARY SURVIVORS AND BENEFICIARIES WHICH OFTEN END UP IN PROBLEMATIC ASSIGNMENT OF BENEFITS TO SURVIVORS. 10

11 BOTTOM LINE, THERE SHOULD BE A MORE PRO- ACTIVE APPROACH TO ENSURING THAT ALL CF MEMBERS AND VETERANS ARE FULLY INFORMED OF BENEFITS AND PROGRAMS THAT CAN IMPROVE THEIR QUALITY OF LIFE OR THAT OF THEIR SURVIVORS. 11