VETERANS’ USER GUIDE to help injured veterans denied legitimate disability claims use this information to assess their own VRAB decisions


“Our Freedom’s Worth is Only As Much As We Are All Willing to Pay.”
                                                                                 Mark Collie, Country singer.

This effort is dedicated to the memory of Brian Dyck, First Gulf War Veteran and Ottawa City Police Service Officer, whose own effort to speak out about injustice in his last days left me the motivation to carry the torch and continue the fight.

A true hero.  God Speed Brian.

Eric Rebiere (Former Cst. RCMP 37515)
Charter Member Canadian Veterans Advocacy

 SUMMERY OF COMPLAINT BY THE CANADIAN VETERANS ADVOCACY TO THE OFFICE OF THE VETERANS OMBUDSMAN

©2012 BY ERIC REBIERE (FORMER CST. RCMP 37515)
CHARTER MEMBER CANADIAN VETERANS ADVOCACY

This is a message to all injured Veterans from the Canadian Military and the RCMP who have not gone to the Federal Courts for a Judicial Review but feel they have been unfairly denied a legitimate injury claim. These 81 granted Judicial Reviews from 1997 to 2011 are just the tip of the iceberg. 

This is your opportunity to make a comparison to see if your denied claim was unfairly dealt with. You must be the judge of that conclusion. 

 Three issues that I have identified you need to be mindful of.

 One involves the VRAB not using Section 38(1) of the VRAB Act which states:

 Medical opinion

38. (1) The Board may obtain independent medical advice for the purposes of any proceeding under this Act and may require an applicant or appellant to undergo any medical examination that the Board may direct.. 

If they did not use this section and disregarded medical evidence without providing qualified medical reasons and particularly not using Section 38(1) early in the appeal process there is an issue especially if they dismissed qualified medical evidence without reasons. Stating the Board feels that a medical report from a qualified doctor lacks credibility does not constitute a reason.  

It is in the VRAB legislation that the VRAB have the power to do this and why not use this section early in the game preventing unnecessary future appeals if it can satisfy a medically related issue submitted by the injured Veteran again preventing unnecessary future appeals.

 The second and third issues involve Section 7 of the VRAB Regulations, which state:

DECISIONS

7. Every decision of the Board shall

(a) state the issue on review, reconsideration or appeal, or the question of interpretation;

(b) state the reasons for the decision;

(c) state the names of the members who took part in the decision;

(d) include the signature of at least one of the members who took part in the decision;

If the VRAB denies your injury claim and disregards qualified medical evidence from qualified medical doctors without stating qualified medical reasons why this medical evidence was refused is contrary to Section 7(b) of the VRAB Regulations and is an issue. A number of Federal Court decisions with respect to Judicial Reviews state that the VRAB must state their reasons for dismissing evidence.

If there were Board members on a Review or an appeal panel that did not list their name on a decision they were involved with, this is contrary to Section 7(c) where all board members involved must state their names on the decision. 

The third issue is to check to make sure a board member that sat on your VRAB Review panel has not sat on your VRAB Appeal panel because this is contrary to Section 27(2) of the VRAB Act, which states:

Prohibition

Appeal panel

27. (1) An appeal shall be heard, determined and dealt with by an appeal panel consisting of not fewer than three members designated by the Chairperson.

 (2) A member of a review panel may not sit on an appeal panel that has been established to hear an appeal of a decision made by that review panel.

You must look at all your VRAB decisions starting with who sat on the review panel and cross reference the names of the VRAB Board members that have been on your appeal panels.  If this is the case and a Board member sat on both who should not have, you have an issue. 

There is one case mentioned in this complaint to the Veterans Ombudsman’s Office where this allegedly took place i.e. not only did a VRAB panel member not put their name on the decision but sat on both review and appeal panels of the same injured veteran.  This is alleged and is of course subject to confirmation by the Office of the Veterans Ombudsman’s office.

In regards to the other issues mentioned go over them, then go over your denied VRAB decisions starting at day one and see if any of them apply to you.

To go over the decisions mentioned go to the Federal Court web site at

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index

If the link does not work, just google Federal Courts.

  • Choose “Decisions” and once their enter Veterans Review and Appeal Board into the box stating “containing these words”.  Make sure the box Federal Court is checked.  You will have 215 Federal court decision of which  the 81 decisions I found were located. 
  • Now press down on the Control key and then the F key and a search box will come up. 
  • Cut and paste the surname listed in the case you are searching in the search box.  The search function will go to the case name and pay attention to the year because some vets have been to the Federal Courts for Judicial Review more than once.  
  • Click on the case name, and the Judicial Review will come up.  The first part states what the applicant is claiming, followed by applicant and respondent arguments. 

 You  can go over this but most importantly go to the end of the Federal Court decision and read the analysis and conclusion of the Judge which will end in the judgment stating the  VRAB decision is set aside or quashed and will be sent back to the VRAB for Reconsideration.  The judge will state and is the case in all these 81 Judicial Reviews that the VRAB are to convene a new board constituted with new members of the Board. This is a Judges order which the VRAB has to comply with and is one of the issues. 

If you have identified issues from the decisions of the Federal Court Judges that apply to your Review Hearing and subsequent denied Appeal by the VRAB, you can make an online complaint to the Office of the Veterans Ombudsman.  If you feel you have been wronged by the VRAB, which is a determination you must make, make the complaint.

Now that we have these 81 Judicial Review to work with it is important in this next phase to reach out to all injured Vets who have been denied legitimate claims by the VRAB and submit a complaint to the Veterans Ombudsman.

This is more ammunition for the Ombudsman’s office, which will provide them the bigger picture of how the VRAB have dealt with thousands of denied claims and provide statistics of the inconsistencies of the how the VRAB adjudicate injured Veterans Claims. All you need to do is google the office of the Veterans Omudsman and follow the instructions on how to submit a complaint.  

Most importantly for those injured vets who are bilingual reach out to our French Canadian injured Vets and let them know about this.  The Decisions on the Federal Court site are also in French. We can not forget our French Canadian injured Vets so if anyone out there can help with this.  There are two cases involving spouses of deceased injured vets, one who had to spend money on a Judicial Review two times. If you know surviving spouses of deceased or injured vets who feel they have been wronged by the VRAB, let them know as well.

I apologize to our French Canadian injured vets for not being able to have this transcribed in French.  I have brought up the issue with Mike Blais the President of the Canadian Veterans Advocacy in regards to doing this.

Remember the motto:

IT’S TIME TO PUSH BACK!

Eric Rebiere (Former Cst. RCMP 37515)
Charter Member Canadian Veterans Advocacy

 REFERENCES BY ISSUES

ISSUE 1)

THE VETERANS REVIEW AND APPEAL BOARD DISREGARDED EVIDENCE AND FORMED CONTRARY OPINION NOT BASED ON THE EVIDENCE IN THE RECORD.

King v. Canada (Veterans Review and Appeal Board) Date: November 7, 1997

Ewing c. Canada (Veterans Review and Appeal Board) Date: October 15, 1997

Wood v. Canada (Attorney General) Date: January 19, 2001

Nelson v. Canada (Attorney General) 2006 FC 225 Date: March 15, 2006

MacDonald v. Canada (Attorney General) 2007 FC 809 Date: August 1, 2007

Dunn v. Canada (Attorney General) 2007 FC 492  Date: May 4, 2007

MacDonald v. Canada (Attorney General) 2008 FC 796 Date: June 24, 2008

McLean v. Canada (Attorney General) 2009 FC 626 Date: June 10, 2009

Ladouceur v. Canada (Attorney General) 2010 FC 1148 Date: November 16, 2010

 

ISSUE 2)

THE VETERANS REVIEW AND APPEAL BOARD DID NOT ACCEPT EVIDENCE FROM QUALIFIED MEDICAL DOCTORS AND DID NOT PROVIDE REASON WHY THIS WAS DONE.

Mackay v. Canada (Attorney General) Date: April 24, 1997 

Teubert v. Canada (Attorney General)     Date: September 18, 2000

Schott v. Canada (Attorney General) Date: January 25, 2001

Rivard v. Canada (Attorney General) 2001 FCT 704 Date: June 26, 2001

Macdonald v. Canada (Attorney General) 2001 FCT 678

Bradley v. Canada (Attorney General) 2001 FCT 793 Date: July 13, 2001

Teubert v. Canada (Attorney General) 2002 FCT 634 Date: June 4, 2002

Saumure v. Canada (Attorney General) 2002 FCT 998 Date: September 23, 2002

Kozak v. Canada (Attorney General) 2002 FCT 169 Date: February 14, 2002

Léonelli v. Canada (Attorney General) 2003 FC 1374  Date: November 21, 2003

Martel v. Canada (Attorney General) 2004 FC 1287 Date: September 21, 2004

John Doe v. Canada (Attorney General) 2004 FC 451 Date: March 26, 2004

De Quoy v. Canada (Attorney General) 2004 FC 654 Date: May 4, 2004

Boucher v. Canada (Attorney General) 2004 FC 616 Date: April 26, 2004

Comeau v. Canada (Attorney General) 2004 FC 1091 Date: August 9, 2004

Powell v. Canada (Attorney General) 2005 FC 433 Date: March 31, 2005

Youden v. Canada (Attorney General) 2005 FC 1696   Date: December 15, 2005

Ladouceur v. Canada (Attorney General) 2006 FC 1438 Date: November 28, 2006

Gannon v. Canada (Attorney General) 2006 FC 600 Date: May 15, 2006

Cormier v. Canada (Attorney General) 2006 FC 118 Date: February 2, 2006

Bremner v. Canada (Attorney General) 2006 FC 96 Date: January 30, 2006

Acreman v. Canada (Attorney General) 2010 FC 1331 Date:December 23,2010

McLean v. Canada (Attorney General) 2011 FC 453 Date: April 13, 2011

Thériault v. Canada (Attorney General) 2006 FC 1070Date: September 8, 2006

Zielke v. Canada (Attorney General) 2009 FC 1183 Date: November 18, 2009

Patterson v. Canada (Attorney General) 2009 FC 801 Date: August 5, 2009

Boisvert v. Canada (Attorney General) 2009 FC 735 Date: July 20, 2009

Johnston v. Canada (Attorney General) 2010 FC 348 Date: March 30, 2010

Gilbert v. Canada (Attorney General) 2010 FC 1300    Date: December 17, 2010

McLean v. Canada (Attorney General) 2011 FC 453    Date: April 13, 2011

 

ISSUE 3)

FEDERAL COURT DECISIONS REMIND THE VETERANS’ REVIEW AND APPEAL BOARD TO ALWAYS BEAR IN MIND THE DICTATES OF SECTION 3 AND SECTION 39 OF THE VRAB ACT.

Mackay v. Canada (Attorney General) Date: April 24, 1997 

Ewing c. Canada (Veterans Review and AppealBoard) Date: October 15, 1997

King v. Canada (Veterans Review and Appeal Board)    Date: November 7, 1997

 

Trainor v. Canada (Attorney General) Date: April 18, 2000

Cundell v. Canada (Attorney General)     Date: January 13, 2000

Bradley v. Canada (Attorney General) Date: January 27, 1999

Cundell v. Canada (Attorney General) Date: January 13, 2000

Stuber v. Canada (Attorney General) 2003 FCT 768 Date: June 20, 2003

Thériault v. Canada (Attorney General) 2006 FC 1070 Date: September 8, 2006

Dugré v. Canada (Attorney General) 2008 FC 682 Date: May 28, 2008

Murray v. Canada (Attorney General) 2009 FC 884 Date: September 9, 2009

Gillis v. Canada (Attorney General) 2009 FC 504 Date: May 20, 2009

Acreman v. Canada (Attorney General) 2010 FC 1331   Date: December 23, 2010

Brychka v. Canada (Attorney General) Date: February 2, 1998

Wood v. Canada (Attorney General)    Date: January 19,001

Yates v. Canada (Attorney General) 2002 FCT 111 Date: January 29, 2002

Matusiak v. Canada (Attorney General) 2005 FC 198 Date: February 9, 2005

MacDonald v. Canada (Attorney General) 2008 FC 796 Date: June 24, 2008

Dugré v. Canada (Attorney General) 2008 FC 682 Date: May 28, 2008

Lebrasseur v. Canada (Attorney General) 2010 FC 98 Date: January 28, 2010

 

 

ISSUE 4)

THE VETERANS REVIEW AND APPEAL BOARD FAILED TO DEAL EXPRESSLY IN THE RECORD EVIDENCE FOUND BY THE BOARD TO BE NOT CREDIBLE FROM WHICH A FAVORABLE INFERENCE COULD BE MADE TO THE APPLICANT.

Brychka v. Canada (Attorney General) Date: February 2, 1998

Wood v. Canada (Attorney General)    Date: January 19, 2001

Yates v. Canada (Attorney General) 2002 FCT 111 Date: January 29, 2002

Matusiak v. Canada (Attorney General) 2005 FC 198 Date: February 9, 2005

MacDonald v. Canada (Attorney General) 2008 FC 796 Date: June 24, 2008

Dugré v. Canada (Attorney General) 2008 FC 682 Date: May 28, 2008

Lebrasseur v. Canada (Attorney General) 2010 FC 98 Date: January 28, 2010

 

 

ISSUE 5)

THE VETERANS REVIEW AND APPEAL BOARD ARE NOT RESPECTING THE DIRECTION OF BEING CONSISTENT IN WHAT THE VRAB ACT WAS INTENDED.

“consistency is clearly desirable as it enhances equality before the law and reduces arbitrariness.” Howard I. Wetston  Judge 1999

Matchee v. Canada (Attorney General) Date: January 5, 1999

 

ISSUE 6)

THE VETERANS REVIEW AND APPEAL BOARD ARE NOT ACCEPTING FAVORABLE EVIDENCE IN THE RECORD AND NEW EVIDENCE THAT IS  ALSO FAVORABLE TO THE APPLICANT.

Macdonald v. Canada (Attorney General) Date: March 11, 1999

Metcalfe v. Canada Date: January 6, 1999

Teubert v. Canada (Attorney General) Date: September 18, 2000

Doe v. Canada (Attorney General) 2002 FCT 106 Date: January 28, 2002

Boucher v. Canada (Attorney General) 2004 FC 616 Date: April 26, 2004

Matusiak v. Canada (Attorney General) 2006 FC 646 Date: May 29, 2006

Thériault v. Canada (Attorney General) 2006 FC 1070 Date: September 8, 2006

Reed v. Canada (Attorney General) 2007 FC 1237 Date: November 23, 2007

Murphy v. Canada (Attorney General) 2007 FC 905 Date: September 12, 2007

Lenzen v. Canada (Attorney General) 2008 FC 520 Date: April 22, 2008

McLean v. Canada (Attorney General) 2009 FC 626 Date: June 10, 2009

Cossette v. Canada (Attorney General) 2011 FC 416 Date: April 14, 2011

Chaytor v. Canada (Attorney General) 2011 FC 501 Date: April 29, 2011

 

ISSUE 7)

APPLICANT HAD TO UNNECESSARILY APPLY FOR A SECOND JUDICIAL REVIEW AS A RESULT IN SOME CASE EXAMPLES OF THE VRAB BOARD NOT FOLLOWING THE DIRECTION OF THE JUDGE IN THE FIRST JUDICIAL REVIEW.

King v. Canada (Attorney General)Date: February 11, 2000

John Doe v. Canada (Attorney General) 2004 FC 451 Date: March 26, 2004

Matusiak v. Canada (Attorney General) 2006 FC 646 Date: May 29, 2006

MacDonald v. Canada (Attorney General) 2007 FC 809 Date: August 1, 2007

Zielke v. Canada (Attorney General) 2009 FC 1183 Date: November 18, 2009

 

ISSUE 8)

THE VETERANS REVIEW AND APPEAL BOARD HAVE BEEN NOTED BY THE FEDERAL COURT JUDGES i.e. IN THEIR DECISIONS  THAT THE BOARD IS DEMANDING THE MOST STRINGENT BURDON  OF PROOF CONTRARY TO SECTION 39 OF THE VRAB ACT.

Smith v. Canada (Attorney General) 2001 FCT 857 Date: August 7, 2001

Cundell v. Canada (Attorney General) Date: January 13, 2000

Trainor v. Canada (Attorney General) 2002 FCT 117 Date: January 30, 2002

Saumure v. Canada (Attorney General) 2002 FCT 998 Date: September 23, 2002

 

ISSUE 9)

THE VETERANS REVIEW AND APPEAL BOARD HAVE BEEN TAKING A SUPERFICIAL APPROACH TO THE ASSESSMENT OF EVIDENCE AND PROVIDE A LACK OF REASONS AS TO WHY THE BOARD DISCOUNTS EVIDENCE.

Desloges v. Canada (Attorney General) 2001 FCT 506 Date: May 18, 2001

Whitehead v. Canada (Attorney General) 2003 FCT 75 Date: January 24, 2003

Ladouceur v. Canada (Attorney General) 2006 FC 1438 Date: November 28, 2006

Grant v. Canada (Veterans Review and Appeal Board) 2006 FC 1456                  Date: November 30, 2006

Gannon v. Canada (Attorney General) 2006 FC 600 Date: May 15, 2006

Bremner v. Canada (Attorney General) 2006 FC 96 Date: January 30, 2006

 

ISSUE 10)

THE VETERANS REVIEW AND APPEAL BOARD DO NOT HAVE ANY MEDICAL EXPERTISE AND ARE NOT EXERCISING THE USE OF SECTION 38 OF THE VRAB ACT IN REGARDS TO CONSULTING QUALIFIED MEDICAL DOCTORS ON MEDICAL ISSUES.

Macdonald v. Canada (Attorney General of Canada) 2003 FC 1263  Date: October 30, 2003

Léonelli v. Canada (Attorney General) 2003 FC 1374  Date: November 21, 2003

Theriault v. Canada (Attorney General) 2004 FC 978 Date: July 12, 2004

Boucher v. Canada (Attorney General) 2004 FC 616 Date: April 26, 2004

Ladouceur v. Canada (Attorney General) 2006  FC 1438 Date: November 28, 2006

Thériault v. Canada (Attorney General) 2006 FC 1070 Date: September 8, 2006

MacDonald v. Canada (Attorney General) 2007 FC 809 Date: August 1, 2007

Lenzen v. Canada (Attorney General) 2008 FC 520 Date: April 22, 2008

Zielke v. Canada (Attorney General) 2009 FC 1183 Date: November 18, 2009

Ladouceur v. Canada (Attorney General) 2010 FC 1148 Date: November 16, 2010

Gilbert v. Canada (Attorney General) 2010 FC 1300  Date: December 17, 2010

Armstrong v. Canada (Attorney General) 2010 FC 91 Date: January 27, 2010

 

ISSUE 11)

THE VETERANS REVIEW AND APPEAL BOARD DENYING APPLICANTS THE OPPORTUNITY TO PERSONALLY PRESENT ARGUMENTS BEFORE THE BOARD I.E SECTION 3 VRAB REGUATIONS.

Gagné v. Canada (Attorney General) 2002 FCT 711 Date: June 25, 2002

Lenzen v. Canada (Attorney General) 2008 FC 520 Date: April 22, 2008

 

ISSUE 12)

THE VETERANS REVIEW AND APPEAL BOARD FAILED TO MAKE THE CASUAL CONECTION BETWEEN INJURY/DEATH WITH SERVICE WHILE ON DUTY.

Frye v. Canada (Attorney General) 2004 FC 986 Date: July 14, 2004

Teubert v. Canada (Attorney General) Date: September 18, 2000

Teubert v. Canada (Attorney General) 2002 FCT 634 Date: June 4, 2002

Saumure v. Canada (Attorney General) 2002 FCT 998      Date: September 23, 2002

Comeau v. Canada (Attorney General) 2004 FC 1091 Date: August 9, 2004

Powell v. Canada (Attorney General) 2005 FC 433 Date: March 31, 2005

Reed v. Canada (Attorney General) 2007 FC 1237 Date: November 23, 2007

Murphy v. Canada (Attorney General) 2007 FC 905 Date: September 12, 2007

Wannamaker v. Canada (Attorney General) 2006 FC 400 Date: March 30, 2006

Thériault v. Canada (Attorney General) 2006 FC 1070 Date: September 8, 2006

Lenzen v. Canada (Attorney General) 2008 FC 520 Date: April 22, 2008

Murray v. Canada (Attorney General) 2009 FC 884 Date: September 9, 2009

 

Armstrong v. Canada (Attorney General) 2010 FC 91 Date: January 27, 2010 Bradley v. Canada (Attorney General) 2011 FC 309 Date: March 15, 2011 

ISSUE 13)

THE VETERANS REVIEW AND APPEAL BOARD WILFULLY TRYING TO REDUCE INJURED VETERANS PENSION ENTITLEMENTS.

 Matusiak v. Canada (Attorney General) 2006 FC 646 Date: May 29, 2006

Ladouceur v. Canada (Attorney General) 2006 FC 1438 Date: November 28, 2006

 

ISSUE 14)

THE VETERANS REVIEW AND APPEAL BOARD IS PRESUMED TO HAVE CONSIDERED ALL MATERIAL EVIDENCE BEFORE IT.

Whitehead v. Canada (Attorney General) 2003 FCT 75   Date: January 24, 2003

 Murphy v. Canada (Attorney General) 2007 FC 905 Date: September 12, 2007

 MacDonald v. Canada (Attorney General) 2008 FC 796 Date: June 24, 2008

 

ISSUE 15)

THE VETERANS REVIEW AND APPEAL BOARD PLAYING HARD BALL WITH THE SURVIVING SPOUSES OF DECEASED INJURED VETERANS.

MacKenzie v. Canada (Attorney General) 2007 FC 481 Date: May Date: May 3, 2007

Arial v. Canada (Attorney General) 2010 FC 184 Date: February 19, 2010

Arial v. Canada (Attorney General) 2011 FC 848     Date: July 8, 2011

 

 ISSUE 16)

THE VETERANS REVIEW AND APPEAL BOARD NOT RESPECTING SECTION 27.(1) AND 27.(2) OF THE VRAB ACT UNDER THE HEADING OF “Appeal Panel” “Prohibition” respectively and the direction of the Federal Courts.

Teubert v. Canada (Attorney General) Date: September 18, 2000

Teubert v. Canada (Attorney General) 2002 FCT 634 Date: June 4, 2002

 

34 Responses to VETERANS’ USER GUIDE to help injured veterans denied legitimate disability claims use this information to assess their own VRAB decisions

  1. Pingback: VETERANS’ USER GUIDE to help injured veterans denied legitimate disability claims use this information to assess their own VRAB decisions | Homecoming Vets at the Crossroads of Humanity

  2. Eric,
    Excellent job. Well thought out and filled wth thought and passion. I think the next step is to get some of the Vets to start filling out the VRAB complaint form and to send it not only to the Chairman who is required to reply within seven working days but also to send a copy to the OVO and to the Minister of Veteran Affairs. Eventually they will get so sick of them and the problems in responding. Then we need to get a web site and publish the successful aps so we will have more case law at the appeal level. The bottom line is we are fighting the School yard Bully….and they are always very fragile at some level or another…great work and thank you so much for watching our Veterans’ backs.
    Murray Scott

  3. Raymond Craig Dionne says:

    I am upset that a doctors report on my release was used by the Childrens Aid Society to use in a court trial that resulted in my children being crown wards with no access when I did absolutely nothing to deserve this. I can describe this as onging torture and it has trigured my injury and I don’t want this to set presidence for other soldiers. They used my military doctors report alone and smered my reputation of being a parent. They took my children on false aligation and the first motion Judge Gauy said these parents have done nothing and right after court they went to return my children and my new born baby was found almost dead in a unaproved foster home and broke the court order and appealed the judges decission and dug in my past and what they found was my operation stress injury and used that alone for there case against me oin a mental abuse finding on my children and a trial that cost me my life savings and my futre savings of how badly in debt this left me and my health. When I was releasrd I put this behind me and got on with my life and now they dug it up and I am reliving it with sleeping, breathing problems and night mares again. This is not fair justice in my eyes and it is also hurting our children who loved us and were crying to come home they were denied a childerens lawyer and their v oices were only heard by children aid workers twisted voices saying they don’t want to come home and are doing good ehere they are and happy. that was not true they told thr court what ever it took to win. I was proud to serve my country and I worn my uniform with honor and did my job always to the best of my abillity and I do not understand why I cannot see my children and why it cost so much for justice but I love my children and I will not Quit nor do I want another soldier to be punished with their military medicle records.

  4. Bonnie Toews says:

    Raymond, my heart goes out to you. I am forwarding your message to other vets who may be able to help you through this.

    Bonnie

  5. Raymond Craig Dionne says:

    Thank-You AndI thought Canada was better than this.

  6. Randall S. Hill says:

    I was informed of this site by my OSI Support Group Facilitator which says good things about their mandate. I have been attempting to navigate V.A., V.R.A.B., Case Managers, Outside Service Providers (Blue Cross), The Office of the Veterans Ombudsman, My member of parliment, My so called health care team and the Ontario Assocation of Trial Lawyers.Everyone with their own litany of policy and procedure requirements, time constraints and shortage of workers. My first contact was in 2006 for an OSI to my back which was awarded after 2 or maybe 3 appeals. The details are sketchy to me now. Further efforts to raise my entitlement have been systematically denied using what I would consider nefarious means. (doctors credibility being questioned, a lack of complaint on my part during service and post service, Board members making medical decisions in my case and not consulting their own phycicians for an opinion, etc.) I contracted PTSD during my service and having exhausted all avenue’s of appeal and believeing at the time I had no other recourse (including a botched attempt to file suit in Federal Court, lawyer left town) I went to my Member of Parliment for assistance. Mr. Glen Thibeaults (GREAT MAN) staff were instrumental in orchrastrating a Reconsideration for my case despite my VRAB Advocate at the time stating in writing that it was a pointless endevour and would be turned down. In his opinion of course. (thats my lawyer, right. correction appointed lawyer.). It is surprizing when your phone starts to ring from all the individuals who never bothered to call you back in the past. So with a second diagnosis of PTSD from The Royal Ottawa Mental Centre Hospital (this time a real Psychiatrist, Dr. Jakov Shlik, MD FRCPC not a physcoligist, Dr. Trevor Deck, a mean cause what does he know?) Directly relating my condition to my military service I was appointed a new VRAB Advocate and my Reconsideration was filled 12 APRIL 2010. At that time I was married with 2 children, owned my own home and was employed as a Program Coordinator for the John Howard Society of Sudbury providing services to Youth in Conflict with the Law! Considering today is 14 March 2012 and I am separated from my wife and family, have lost my family home and am unable to work and been convicted of a crime under the criminal code of Canada for drug possession I guess I would have to say that I am just a little pissed at the whole process. So having completed a Drug and alcohol rehab program at Homewood Health Centre in Guelph ON (which by the way took 1 and one half years to schedule from my request to my attendence by my VA Case Manager). I have had 2 scheduled Hearings that did not proceed for which I was not provided a reason I turn to this site for guidence and assistance. As a former member of The Canadian Airborne Regiment and an Active Jumper I was taught, no better yet instilled with the precepts of God, Honour, Country,and Family. I signed that blank check to defend my country (allthough I have to admit my intent was to let the other guy die for his country) and I did my duty. I layed it on the line and while I guess I cant expect the same from government employees I think I have a right to a timely concientious expectation of having my needs met. So yes I wish to rattle my saber and demand due process. I have made a plethera of requests over the YEARS and been fought back, put down, cast aside, lied too, told I did not have the right to just show up at the VA office in NorthBay, had my personal file details discussed in a public forum, and been refused assistance when written official requests were infact made. I am articulate, possesed of a basic intelligence (spelling not one of my attributes) and all requests are substantiated with appropriate mandated paper work. Yet here I sit devoid of trust, hope or purpose today. I believe my Case Manager to be overworked, frustrated, that she physically cringies when I call and is unable to effectively facilatate my needs which I believe is a natural consequence of a flawed system. So having requested through the VA Ombudsman a clinitian to help me manage my day to day life requirements which to me are overwhelming at this point! (hence the depression, bankruptcy, failed marrige, loss of employment, loss of renumeration, drug dependency, and suicidal ideation) I gotta truly ask. What does one have to do to get help? REALLY! So I welcome all pro-active responses, links, etc.. So to clarify while I am currently on the VA Re-Hab program and have just shy of 6 months sobriety I gotta say this is not what I signed up for! The old adage theres no life like it! I am pretty sure didn’t anticapate this fiasco!
    Be Proud Stay Airborne
    Randall S. Hill

  7. Bonnie Toews says:

    Randall, I am forwarding this comment to vets who have the same battle as you. Stand by….

    Bonnie

  8. Raymond Craig Dionne says:

    Hi Randal I was shocked to hear you saw Dr. Deck also the VA is sending me to him again on Lorne st. and they sent me to him also years ago on Larch st. and I got nowhere then. I am not turning to drugs and alcohol at all. I feel it just adds to the problem and it only a temperary crutch and it only leads to more and more financial problems. My wife is the one that started drinking and is trying to drink the pain away and I watch it and I can’t do anything but get her more beer and as long as she is drinking I guess it gets her mind off her problems but she doesn’t ever stop drinking. I guess she can’t or then her mind gets back on her problems and its hard for her to deal with them.

  9. Randall S. Hill says:

    Hello Raymond, while I realise that I chose to reveal my situation on a National Forum, that being my choice! I have a feeling your wife might get a tad upset at her laundry being aired here. So if you wish to continue this communication privately please e-mail me at commanderbuzzkill@hotmail.com (my son has a sense of humour). I will however take this opportunity to thank Bonnie for her timely response and inform you and others that there is a spousle support network established in some areas and coming to Sudbury on March the 20th at the Lockerby Legion At 6pm (1800hrs). Eilene Dupuis is the new area facilitator.

  10. Randall S. Hill says:

    Oh and one further thought just for clarification sake. I was being facitious towards VRAB regarding Dr. Deck. He is in my humble opinion an excellant Psycologist and treated me with the utmost professionalisum and respect. He apparently does not have enough letters after his name in the realm of Pensionable Decisions. Absolutely no disrespect intended towards this Good Doctor who does wonderful work for our local community!

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  15. Raymond Craig Dionne says:

    I am having a hard time understanding the DVA They have been giving me a hard time about my military records that I am complaining about. They say they can’t help me with that problem so where do I go. When I went abourd the HMCS Terra Nova I learned about the unit in severe trouble. They were the first ship to get new equipment and went through the panama canal and stopped in Panama city and I was in Halifax on a TQ3 course. I was even their but what I heard happen was when they went to set sail from Panama 2 men where missing and were being detained in panama jail and the Captain ordered them to be released and they refused the Captain ordered the weapons department to point the front gun down Panama city at the town hall and the men were released immediately but they discovered about 2LB. of pot on the deck kicked under the gun Then they set sail and when the bilge was pumped out dope appeared sunk in the bilge and then someone reported a white powder leaking from the top of the wires between the main cafeteria and the Chief’s and Petty Officers cafeteria. I stood on the parade square and watched the guilty people get sent to military jail after they were replaced the we got a new command and the rest of the crew got book thrown at us and abused every time the new Captain had a chance and you didn’t want to be their and I was charged repeatedly confine to ship again and again Then I had a watch on the look out near the artic with ice frozen all over the ship and was ordered to stand at attention on the deck while the frozen waves drenched me going over my head for my whole watch that I think was about 1 1/2 hours. So I complained to mt Petty Officer and he sent me to the mess to get dry clothes when I got back to the department the Captain stopped the exercise just because I complained and took me back to base when I got to base I was not allowed to talk about what happened and was ordered to forget about and go back to the Terra Nova and I refused so I was confined to base with extra work and duty. Then when I finished extra work at 10pm. I was not allowed to go to my rack I was ordered to shine brass all night non stop with no breaks until 6am. and had to start extra work and duty until 10pm. and I was allowed to go to my rack the Base Commander ordered the roundsmen to shine flash light in my eyes every 20 minutes through the whole night then at 6pm. I had to extra work and duty and I lased a few weeks of this light treatment until I went bazurk and then the Base Commander had me escorted to a head doctor and this is the military record that I am complaining about and was used against me to take my children 20 years later. This is what I am up against and it was the only thing the courts could find on me and how does this have anything to do with my children and why am I not getting any hep with the courts using this military record on my children. It was used for my release and I lost my job that I worked so hard to get and I got punished and tortured because of what other people had done, I wasn’t even their when my unit got into severe trouble and now I am in trouble the rest of my life.

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  17. Raymond Dionne says:

    I have been at a complete wall they are trying to say my injuries are not severe enough for compensation They have promised to help me with my legal problems and I can use my compensation to pay my lawyer but my compensation didn’t come and they said I have to pay my own legal fees and they will help me and yhey have no juridiction to pay for my legal fees’They said the lawyer that leaked my military records out that I should take a melpractice suit on him but have given me no help in how to do it. I am suffering with sleep omsomia really bad and I going to sleep clinic The clinic proved I am only geting into 1st and 2nd stages in my sleep and then in my 2nd stage I am experiencing nightmares and waking me back up and then can’t get past the fist stage and can’t sleep.This started before my release and I can’t tell how bad it feels not getting propper sleep but its hard to function and by the midle of the afternoon I am so tired I try to sleep and can’t and that will go on for4-5 days my head is homming and I feel like a zombie and then I crash and sleep for2 days and only awake a few hours I feel better and then go through another cycle and can’t sleep.

  18. Raymond Dionne says:

    I feel a person who swears under oath to defend their country is a persn who shows loyalty and is doing a very honourable job and we do without a 2nd thought. Then you become a cilvian again and see people living like slackers partying stupidly living the fast with no cares of nothing. You ignore and try to get on with your life and manage your money better to enjoy nice things and people rob you make up stories to wreck your reputation and then you need a lawyer and then sucks your money out and you find out how crooked our court system is and you can’t beleive or trust a lawyer and you thought Canada had one the best human rights policy in the world I am now very confused about this country we call Canada. I have recieved a very rotten experience in my civillian life and I feel a Veteran should get help in civilian life with proper repensentation from lawyers if they have not done anything to deserve to be punished and there should be help for veterarns . In my case they used something that came from my miliary records to denie me future loss of income on civil litigation suit and my own lawyer got me to sign a consent to get into my military records and my own lawyer usede it against that a report from a Psychologists and used that alone to disscredit me future loss of income from a motor veicle accident that was not my fault, I was hit by drunk driver. That lawyer gave those records and then I had children and one died in hospital from neglect and the CAS was called to help us becase my wife gave birth to twins and we lived 200km from the hospital and so the hospital called to get help and we didn’t get it and they took are other children for no reason and then when we found out are twin starved to death a year later we tried to grt inquest they took our children again for no reason and another baby almost died in their care and to cover this up they took rights to be a parent and put us severely in debt. They used that docter report again to find a finding against my children. This is my military records that is now being used against me and our ombunsman is willing to help me but I have to find the legal fees first. The morral of my storie is Veterans should get help when a missjustice happens and we should not have to fight are own country. I can’t beleive this is Canada now you Know why I am confused and can’t sleep.

  19. Raymond Dionne says:

    Iam going back to the sleep lab in 2wks and hoping they can help me I bought an eliptacle and some other exercise equpment to exerciseand try and wear my body down and hope it will help me sleep and improve my health. And I play poker most of the day trying to master it hoping to get more money for leagal fees and trying to get my mind off my problems. If there is anything Dr. Dee Kajska can help me with I would apreciate it.

    • Raymond Dionne says:

      I just got a phone call from our presedent Colin Pick and I told him about your forum and he gave his email adress and put in the bottm right corner but not sure what I am doing but his email adress is colinp@easlink.ca and maybe you can help me get him in thr forum.

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  21. geronimo55 says:

    Hi! I am still reading your post and I trying to stay on positive things and the sleep clinic is waiting till after i get a operation to continue and just want kick yhis block in my head that is preventing me to get into a deep sleep without medication

    • geronimo55 says:

      Hi! I am in a bad situation I don’t know when I am going to get help or if I will ever get my life back properly I did not see action the closest I got was Nato exercises during war and that didn’t effect me at all. I was punished because of what other people in my unit did and these records have been used against me in my civilian life. No job should do this to someone I’ve done nothing criminally wrong to be punished and don’t understand what’s going on. It is stress and it effecting my mental well being where is my human rights I swore under oath to defend my Country where’s my Country to protect my human right as a citizen. I lost my career because of other people and was in the Navy before their was a ombudsman how do I get this fixed I know I will never get better until it gets fixed WHY!

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  25. geronimo55 says:

    I got a call from my daughter who was adopted over 10 years ago and now my 2 oldest kids are coming home and I now know where the other 4 kids are. What a relief and I am so happy to be able to have this Christmas like a family and I have listened to the stores of how the system raised her its hard but I am going to do my best to fix her messed up head. I expected this and yelled and screamed at the whole country to stop but now I have deal with my mixed up children .It was sure different then the way I would of raised them. My daughter had 2 misscarriage’s and then pregnant at 15 thrown out at 16 her daughter adopted and turned 1 yesterday. The CAS told her there taking her child at birth because her parents are mentally ill and restrictions on us to see our grandchild because they said we are mentally ill. When my daughter was thrown out pregnant at 16 she needed help and asked the CAS where her real family was maybe they can help me and they told her that her parents and whole family was dead and your on tour own. She posted a add on kijiji Sudbury and a cousin found it and contacted us and my Dad picked her up down town Toronto that day .I am being punished like this with 2 half hour visits to Dr. Murray referred to by DND. I am happy that Veteran Affairs is going to help us with family counselling.

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  28. Geronimo says:

    Just because my children were taken by the court I am facing awful rumors and having a hard time to get back in the force I am being harassed people are doing vindictive things us. I tried to help with sea cadets and I was put down over rumors and then asked not to participate with War pensioners because our vice president was one of the ones who insulted me at sea cadets and my 3 children are in air cadets and my oldest son is interested in serving and I am not allowed to help him. Because the courts used a military record from during when I served to adopt him . I have been facing a list of problems for tears that started when my lawyer asked me to sign a consent to get into my military records and the smearing my own lawyer did to me with these records has been hell for my whole family and destroyed our lives and made me very seriously sick over it.

  29. geronimo55 says:

    All Police Officers are now invited into our War Pensioners and I don’t feel I am being treated equal and don’t feel that I am wanted in anymore and on remembrance day I feel we are being replaced by Police Officer’s that did not serve and I paid for a membership for my wife and I and never was invited to any meetings or events anymore and have heard insulting remarks towards me from these non veteran Police Officers. This is making me sick also and when I talk to Colin Pick about it I get excuses and never get a invitation to participate again. We would never be allowed in their association so how can they take over ours and I would not mind so much if we were just treated equal. Other vets are being ignored and left out also. When I talk to other vets in this area our president turned them off also and he was showing up to events alone and so I went and helped every time and now he has non veteran Police Officers in he has lots of people to help it seems like we are needed anymore and I feel used and betrayed. It is a recipe to triger my PTSD injury

  30. glenn reed says:

    Hi I am so glad you are using my Judical review on your site reed vs Canada 20007 aug. one of the biggest reasons I fought so long and hard for my rights was to help the guys and gals coming home from Afganistan I new there would be lots of claims there should not have to be any . I had a very difficult time with the government. my PTSD was not diagnosed for 25 years I just sucked it up (big mistake ) I always new something was wrong just could not figure it out , I finally crashed and burned and started getting some counselling at the local hospital and it went from there to different physcologists it was a long road to getting better . I was very lucky to have a strong and very smart wife who should have been a lawyer I might add , she tore apart all the appeal board hearing letters at all levels of appeal there arguments just did not make sense , they tried to screw me from every angle they could and that is what they try to do wear you down so that you quit and they get off you got to remember Veterans Affairs is just like another sleezy insurance company and they will do anything not to pay, I also had a lawyer in Ottawa said I did not have a good case got rid of him and found another one (my wife found by reading lots of federal judicial reviews ) sent him a email he said I had a solid case for pension , any way we won and the judge did not appreciate veterans affairs treating veterans in that fashion , on ending all I can say is be strong don’t quit just get through it it was the hardest thing I ever had to do in my life

    best regards Glenn Reed

    • Scott Wood says:

      Glenn, I have read your federal court document and I will reinforce what you stated, It is important to pass along to other Veteran’s the names of the federal court lawyers who have been successful in helping those who have come up against the VRAB. I know dealing with VRAB can be one of the most frustrating times of for anyone. Happy to hear your case went well.

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