Backgrounder for Observers - Review Hearings
The Veterans Review and Appeal Board provides Veterans, Canadian Armed Forces members and RCMP members, and their families with an independent appeal process for disability benefits decisions made by Veterans Affairs Canada (VAC). The Board hears cases relating to entitlement to benefits for service-related disabilities or to the assessment of entitled disabilities.
What is a Review Hearing? A Review Hearing is the first of two levels of redress offered by the Board. It is the only time in the decision-making process when a Veteran can appear and testify about the facts of their case. Veterans usually choose to have a representative who argues on their behalf. Review Hearings are normally conducted by two Board Members and take place in locations across Canada.
Who participates at a Review Hearing?
- The Veteran: This is the person who has requested an independent review of their VAC disability benefits decision. They have the opportunity to provide further documentary evidence and personal testimony that describes the details of the disability, incident or military service. This is new evidence that VAC did not have when making its decision, and is often one of the reasons the Board is able to rule in the Veteran’s favour.
- The Representative: This individual acts on behalf of the Veteran. The representative researches the case and determines whether additional evidence is required. They prepare the Veteran for the hearing and present the case to the Board Members. The Bureau of Pensions Advocates—a nation-wide organization of lawyers within VAC— represents most Veterans (at no cost) before the Board. Other organizations, such as the Royal Canadian Legion, also represent Veterans.
- The Board Members: Members must decide whether the evidence provided fulfills the requirements of the legislation. To do this, they: make a full and fair examination of available information; listen to testimony and arguments and weigh all the evidence; interpret and apply the legislation based on the evidence presented; and make a decision which gives the reasons for the ruling. Board Members are not bound by previous decisions and will change them if the evidence supports that conclusion.
- Witnesses: The Veteran may bring witnesses to the Review Hearing to testify on their behalf. Their role is to provide evidence that supports the facts of the case. Witness statements are often taken from colleagues who can testify that an event took place or confirm the details of an accident. Witnesses may also provide expert opinions.
What happens at a Review Hearing?
A Review Hearing usually takes place in an informal setting where the Veteran and their representative sit across the table from two Board Members. Review Hearings usually last 30 minutes, but can be longer if required.
The Veteran begins by taking an oath or affirmation, after which the representative will speak on their behalf to present evidence and argue their case. Then, the Veteran is asked to tell their story and recount the details relevant to their case. Although hearings are nonadversarial (no one argues against the Veteran), Members ask questions to clarify certain details, issues or discrepancies in the evidence. This will help Members make a fair and reasonable decision. Before closing a hearing, Members will ask the Veteran if there is anything they want to add.
What happens after a Review Hearing?
The Board Members discuss the information and arguments of the case to make a decision. They conduct a thoughtful analysis of all available information, considering both the favourable and unfavourable evidence (i.e. testimony, documentary evidence, medical evidence), and discuss the merits of the case, bearing in mind the requirement to resolve any doubt in the weighing of evidence, in favour of the Veteran. If the two Members disagree, the decision most favourable to the Veteran stands. When writing decisions, Members must give clear reasons for the decision.
To be open and transparent in its decision making, the Board publishes depersonalized decisions on the Canadian Legal Information Institute’s website: https://www.canlii.org/en/ca/cavrab/
How long does it take for the Board to issue a Review decision?
The Board issues the majority (~ 85%) of written decisions within 6 weeks of the hearing.
What happens if a Veteran is not satisfied with a Review decision?
They can request an Appeal Hearing. While the legislation does not permit oral testimony at this level, the Appeal Hearing provides a further opportunity for the Veteran, through their representative, to submit new information and make arguments in support of their case. Appeals are conducted by three Members who were not involved in the Review Hearing. Appeal decisions are final and binding but may be reconsidered if they contain an error of fact or law or new evidence comes to light at a later date.
If a Veteran has exhausted all redress options at the Board and remains dissatisfied, they can apply to the Federal Court of Canada for a judicial review of the decision. The Board monitors the outcome of these applications to ensure any guidance given by the Court is reflected in its decisions, policies and operations.
For more information:
Web site: www.vrab-tacra.gc.ca
Toll-free inquiries line: 1-800-450-8006
Twitter: @VRAB_Canada