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Winnipeg Free Press - PRINT EDITION
Appeals board is failing vets: ombudsman
'Systemic' issues, says report
OTTAWA -- The body that gives veterans the opportunity to appeal government decisions about their pension and benefits payments has "systemic" problems that raise questions about its ability to perform its duties, the veterans ombudsman says.
A review of the Veterans Review and Appeals Board by the ombudsman found in 85 of the 140 cases that landed before the Federal Court, the court believed the adjudication process failed veterans.
Failures included not providing sufficient reasons for decisions, not giving veterans the benefit of the doubt, as well as the "board's failure to accept uncontradicted medical evidence" from the applicants, said the report released Monday from Veterans Ombudsman Guy Parent.
The findings show "certain systemic issues" within the appeals board, which reviews about 5,000 cases annually, the report said.
The findings are not just an indictment of the board, but of the entire veterans benefits program at Veterans Affairs Canada, Parent said.
"They (the board) are the last organization that has a look at cases," he said. "Some of the systemic issues we've identified at the board level could very well apply to the rest of the department's adjudication process."
The government said it would act on the report, and the review board posted an action plan it says would address Parent's concerns within 30 days.
"An action plan is only a plan until it turns into action," Parent said.
First created in 1995, the board provides veterans with an opportunity to appeal decisions from Veterans Affairs when the veteran believes the department hasn't fairly applied the rules regarding pension or disability benefits payments.
If a veteran or another applicant isn't pleased with the ruling of the board, they can apply to the Federal Court for a review of the decision. The court can't overturn the board's decisions but can order the board to hear a case anew.
The federal government provides free legal advice for veterans, the government said, and will continue to do so.
The ombudsman makes seven recommendations, including having the board assess its own performance and report to Parliament annually about the number of cases the Federal Court upholds as "an indicator of fairness."
Parent also called on Veterans Affairs Minister Steven Blaney to bring in legislation giving veterans who are successful in their pension appeal retroactive payments to the date of their application, rather than starting to receive payments after a final decision is rendered.
That last recommendation could be difficult for the government to enact while it is cutting back on spending. Blaney's office didn't say Monday whether it would be able to act on this specific recommendation.
-- Postmedia News
Republished from the Winnipeg Free Press print edition May 8, 2012 A7
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