Veterans Review and Appeal Board Issues Interpretation Decision on Additional Pain and Suffering Compensation
On March 25, 2026, the Veterans Review and Appeal Board issued a decision on the interpretation of the Veterans Well-being Act and related Regulations as they apply to Additional Pain and Suffering Compensation (APSC), finding that the Minister of Veterans Affairs does not have the authority to adopt binding statutory instructions for assessing.
The matter was brought to the Board’s attention in the context of a Veteran’s appeal, where the issue was formally raised before the Board.
The Interpretation Hearing was held in November 2025, where a panel of Board Members from the Veterans Review and Appeal Board heard from stakeholders on the interpretation of the legislation in relation to the following questions:
- Does the Minister have legal authority under the Veterans Well-being Act and its Regulations to create binding statutory instructions for assessing Additional Pain and Suffering Compensation (APSC)
- Are the instructions in Chapter 25 of the 2006 Table of Disabilities consistent with the purpose of the APSC award and the Veterans Well-being Act
- How should the Minister and the Board assess the extent of a Veteran’s permanent and severe impairment when determining the grade level, given the requirement for credible and reliable evidence?
The Interpretation Panel’s finding establishes that Chapter 25 of the 2006 Table of Disabilities is beyond the authority of the Minister, and given this conclusion, that the second question was no longer relevant.
The Panel also concluded that it did not have jurisdiction to answer the third question, meaning the assessment of a Veterans’ permanent and severe impairment remains within the Minister’s authority.
The full Interpretation Decision is available on the Board’s website.
Interpretation Decisions clarify how legislation, policy, or procedure should be interpreted.
Click here to read the full I-4 Decision
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Contact
Laura Steeves
Manger of Communications
Veterans Review and Appeal Board
comms@vrab-tacra.gc.ca