2021 Minister’s Transition Book

• Letter from the Chair
• Quick Reference Lines
• General Overview Presentation
• Information Note
• Briefing Notes
  • Simplified Hearing Process
  • Military Sexual Trauma
  • I-3 Decision
  • Increased Workload
• Governor in Council Appointment Process for Board Members
• Current Board Member Terms and Biographies
• VRAB Key Contacts
• Brochure – A Guide to Review and Appeal Hearings

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Minister of Veterans Affairs and Associate Minister of National Defence
14^th Floor
66 Slater Street Ottawa ON K1A OP4

Dear Minister MacAulay:

On behalf of the Veterans Review and Appeal Board, I would like to extend my sincere congratulations on the occasion of your reappointment to the Veterans Affairs portfolio. It has been an honour and a privilege working with you over the past couple of years. I am also pleased for our Veterans, Canadian Armed Forces and RCMP Members and their families that your continuation as Minister will offer them familiarity, continuity and stability. A lot of work has been accomplished under your leadership as Minister and I look forward to continuing to support you in in those efforts.

As the arm’s-length appeal tribunal for disability benefits decisions made by Veterans Affairs Canada, you know that the Board fulfills an important role for those mentioned above. The Board works tirelessly for those who seek redress. Due to the COVID-19 Pandemic, this has required exceptional effort on the part of our staff and Members. I am immensely proud of how swiftly they worked to adjust to their own new virtual work environment to then achieve a smooth transition to teleconference and videoconference hearings to ensure we could continue serving Veterans, Canadian Armed Forces and RCMP members and their families and meet our service standards.

My office will be in touch in the coming days to schedule an opportunity for us to discuss the Board’s current priorities. I look forward to continuing to work with you in the best interest of Veterans, CAF and RCMP Members, and their families.

Again, please accept my warmest regards and congratulations.

Yours truly,

Christopher J. McNeil
Chairperson

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Veterans Review and Appeal Board

• The Government of Canada is committed to ensuring Veterans receive all the benefits they are entitled to for service-related disabilities.
• The Veterans Review and Appeal Board plays an important role in the disability benefits system: it ensures Veterans and other applicants have an independent avenue of appeal for their decisions.
• The Board is an independent organization, operating at arm’s-length from my Department.
• For this reason, I am unable to comment on the decisions or other adjudicative affairs of the Board.
• Questions related to Board decisions and policies should be directed to its Chair.

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What we do for Veterans

• Ensure that Canada’s Veterans receive the disability benefits to which they are entitled
• Provide timely, respectful and Veteran centric hearings
• Deliver fair, plain-language, and timely decisions with well explained reasons

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An Independent Board

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Our Organization

• Quasi-judicial administrative tribunal led by Chair (Deputy /Head), supported by Deputy Chair, that operates independently of the Minister and/or Veterans Affairs Canada
• Reports directly to Parliament through the Minister
• Up to 25 Board Members, appointed by the Governor in Council through a merit-based selection process, hear and decide cases across Canada
• 75 employees, primarily based in Charlottetown, and 23 Members support the delivery of the appeal process

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Member Overview

• There are currently 23 full-time permanent Board Members (11 women and 12 men), including the Chair and Deputy Chair
• 10 Board Members work in Charlottetown and 13 are deployed across Canada
• 11 Board Members are fluent in both of Canada’s official languages
• Board Members have varied professional experiences
  • 10 Veterans (5 CAF and 5 RCMP, 1 former police officer, 9 lawyers
  • Other backgrounds include Public Service
• Board Members receive ongoing professional development, as well as cultural awareness sessions from CAF and RCMP about life in service

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Member Appointment Process

• Applicants are screened and assessed against merit-based criteria:
  • Written assessment, interviews and reference checks
• A roster of qualified candidates is established and recommended to the Minister of Veterans Affairs
• The Board Chair advises the Minister of appointment needs in terms of operational requirements, location, language, gender, diversity and experience
• Minister recommends candidate for appointment by the Governor in Council
• High priority is being placed on appointments to ensure there is a sufficient compliment of Members to provide timely hearings and decisions

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Guiding Legislation

• Applications for appeal are made to VRAB under the Pension Act, the Veterans Well-being Act - Part 3, the War Veterans Allowance Act and other Acts of Parliament.
• All matters related to appeals are authorized under the Veterans Review and Appeal Board Act.
• VRAB also receives appeal applications for on duty-related pension cases made under the Royal Canadian Mounted Police Pension Continuation Act and the Royal Canadian Mounted Police Superannuation Act.

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Avenue for Redress

• VRAB provides an independent avenue of appeal for VAC decisions relating to:
  • Disability pensions
  • Disability awards (Pain and Suffering Compensation April 1/19)
  • Additional Pain and Suffering Compensation (April 1/19)
  • Critical Injury Benefit
  • Special awards
  • Final appeals for War Veterans Allowance
  • Compassionate awards

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Applications to VRAB

• Veterans come to VRAB because they are dissatisfied with departmental decisions
• 75% of cases are for new/increased entitlement
• 25% of cases are for assessment increases
• Top 6 medical conditions in 2020-21:
  • Hearing loss
  • Lower back conditions
  • Tinnitus
  • Knee conditions
  • Post-traumatic stress disorder
  • Neck conditions

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Our Workload in Context

Fiscal Year	VAC DecisionFootnote *	VRAB Review applications received	Review applications to VRAB as a % of VAC's previous year decisions
2020-21	42,409	3,470	8.2%
2019-20	42,255	3,029	7.2%
2018-19	41,782	1,540	3.7%
2017-18	35,949	2,411	6.7%
2016-17	36,502	2,853	7.8%

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Our Decisions

• Volume:
  • 1,626 Review decisions and 846 Appeal decisions
• Increased favourability rates (i.e. decision to award new/increased benefits):
  • Ability to rule favourably often due to:
    • New evidence (e.g. Testimony, medical opinions)
    • Arguments by representative
    • Application of benefit of the doubt

Review and appeal hearing favorability rates

	2020-21	2019-20
Review	89%	75%
Appeal	92%	80%

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Hearing Process

• Veterans have the right to two levels of redress if they are dissatisfied with a VAC decision: a Review hearing and an Appeal hearing
• No time limits placed on these rights
• Fresh new look at application and new evidence
• Informal hearings - no one opposes the Veterans
• All Veterans have access to free representation by the Bureau of Pension Advocates
  • Some Veterans’ organizations, such as the Royal Canadian Legion, also offer advice and representation
• Veterans can bring witnesses and/or support person(s) with them

Most favourable interpretation of the law stands – Benefit of the Doubt

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Review Hearing

• Veterans only opportunity to present oral testimony and share their stories
• Represented by Advocates with two Board Members conducting hearings across Canada where Veterans are present
• Veterans are sworn/affirmed before the hearing starts
• Board Members explain the Hearing process
• Board Members may ask questions to better understand the case
• Non oppositional process, with only one Member needed to make a favourable decision

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Appeal Hearing

• If Veteran is not satisfied with the Review decision, an Appeal Hearing is another opportunity to provide evidence and arguments through a representative to a new panel of three Board Members
• Held in Charlottetown by video or teleconference
• No oral testimony from Veteran
• Opportunity for Veterans to have a reconsideration hearing(s) if there is an error of fact or law, or new evidence is established
• Veterans have the right to apply for a judicial review under the Federal Courts Act if all appeal options have been exhausted

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Evidence

• Health Evidence
  • Health documentation (e.g. Medical exams and surgery reports)
  • Expert opinions (e.g. Report on the status and origins of the disability)
• Documentary Evidence
  • Service records
• Witness Statement(s)
  • Opportunity to confirm circumstances helpful to describe incidents
• Testimony
  • Personal testimony provided at the review hearing that describes the disability, incident or military service
  • New evidence that Veterans Affairs Canada did not have

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Our Priorities

• Respect for Veterans through:
  • Fair treatment, fair hearings and fair decisions
  • Timeliness
  • Ongoing operational and quality improvements
  • Simplified Hearing Process
  • Transparency
  • Publishing decisions (www.canlii.org)
  • Communications
  • More stakeholder outreach
  • Plain language communications

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Background

The Veterans Review and Appeal Board provides Veterans, Canadian Armed Forces (CAF) and Royal Canadian Mounted Police (RCMP) members, and their families with an independent appeal process for disability decisions made by Veterans Affairs Canada (VAC, the Department). The Board operates at arm’s-length from the Department/Minister to ensure a fair and independent appeal process for applicants.

Veterans who are not satisfied with a VAC decision on disability benefits have the right to two levels of redress at the Board: a Review hearing and an Appeal hearing. At both levels of redress, applicants may bring forward new information and present arguments to the Board at hearings where no one is arguing against them. All applicants have access to free legal representation by the Bureau of Pensions Advocates. Some Veterans organizations like the Royal Canadian Legion also offer advice and representation.

The value of the Board’s program lies in its ability to: give applications a fresh new look; conduct hearings where Board members listen to the Veteran’s oral testimony; and to receive new evidence.

The Board’s program is governed by the Veterans Review and Appeal Board Act and delivered by up to 25 permanent Members and approximately 100 staff. The Chair of the Board is accountable for the delivery of the appeal program and reports directly to Parliament through the Minister of Veterans Affairs. The Minister may require the Chair to report on performance and on the use of the Board’s resources; however, the Board operates at arm’s-length with respect to all adjudicative matters.

As of October 2021, the Board has 23 Members (including Chair/Deputy Chair) who bring a diversity of professional experiences to their work. Members qualify for appointment through a selection process managed by the Privy Council Office and are appointed by the Governor in Council on recommendation from the Minister of Veterans Affairs. Before hearing cases, all Members undergo a comprehensive training program. The Board also supports members in making fair and well-reasoned decisions through ongoing training, quality review of decisions, and performance feedback.

The reality is that many individuals are satisfied with the Department’s decisions. In a given year, approximately 10 per cent of these decisions are brought forward to the Board for an independent review. Last year the Board finalized close to 3,000 cases during this time, and awarded new or increased benefits to more than 2,600 Veterans. Testimony and/or new medical or other documentary evidence are the basis for most of the Board’s favourable Review decisions.

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Workload Information

The Board’s annual workload is determined by the number of individuals who decide to request a review of a disability pension/disability award decision made by VAC.

The Review hearing is the first opportunity for applicants to appear before the decision-makers and testify about the facts of their case. To make it easier for them to attend, the Board convenes Review hearings in locations across the country.

If applicants are not satisfied with their Review decision, they may request an Appeal hearing. While the legislation does not permit oral testimony at this level, the Appeal hearing provides a further opportunity for applicants, through their representative, to submit new information and make arguments in support of their case.

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Statistics for 2020-21

• Volumes: The Board finalized 1,626 Review decisions. The Board also finalized 846 Appeal decisions.
• Outcomes: The Board awarded new or increased levels of disability benefits in 89% of Reviews and 92% of Appeals.
• Applicant Profile: 91% CAF members and Veterans; 8% RCMP members and Veterans; 1% Traditional Veterans (Second World War, Korea).
• Top 6 most common medical conditions heard by the Board:
  • Hearing loss
  • Lower back conditions
  • Tinnitus
  • Knee conditions
  • Post-traumatic stress disorder
  • Neck conditions

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Simplified Hearing Process

September 2021

Purpose

To provide information on the VRAB’s Simplified Hearing Process.

Summary

• Claims that come before the Board are varied in both nature and complexity. In order to create greater access to justice and render more timely decisions, the Board has implemented a Simplified Hearing Process to adjudicate less complex claims.
• Providing timely decisions translates into more Veterans, CAF and RCMP members, and their families receiving the benefits to which they are entitled sooner and allow for increased time and resources to address more complex cases.
• The types of cases heard using this process are:
  • Appeals and Reconsiderations of the Partial Entitlement cases where the primary argument is consideration of the more generous adjudicative environment and,
  • Appeals or Reconsiderations of Hearing Loss Partial Entitlement cases where the primary argument is consideration of the more generous adjudicative environment.

Background

• The Simplified Hearing Process is aligned with Section 40 of the Veterans Review and Appeal Board Act that directs the Board to deal with all proceedings before it as informally and expeditiously as the circumstances and considerations of fairness permit.
• The Board implemented the Simplified Hearing Process in spring 2019.
• This process is available where appropriate at all levels of redress. Any matter the Board determines not appropriate for the Simplified Process will be heard as part of the normal Review and Appeal Process.

Current Status

• In the reporting period of 2020-21 the Board rendered close to 2,500 decisions. The Simplified Hearing Process model improves the Board’s efficiency and allows for increased time and resources to address more complex cases.

Issues

• The Board is currently facing an increased workload due to the backlog/clearing of cases at Veterans Affairs Canada. Additional types of cases may need to be considered for the Simplified Hearing Process.

Considerations

• A simplified and streamlined hearing process allows cases to be heard more quickly and will result in Veterans, CAF and RCMP Members and their families receiving decisions sooner.
• Consistency in awarding benefits will increase public confidence in the process.
• Cases heard through the Simplified Hearing Process are claims where the Veteran has opted to participate after receiving advice from their representative.

Communications approach

• Information about the Simplified Hearing Process is available on the Board’s website.
• The Board has communicated with stakeholders directly on the implementation of a Simplified Hearing Model, including the Bureau of Pensions Advocates and the Royal Canadian Legion.
• The Board has shared information regarding the Simplified Hearing Model via social media.

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Military Sexual Trauma

September 2021

Purpose

To provide information about the VRAB’s MST-related claims.

Summary

• The VRAB is committed to ensuring Members and staff are knowledgeable an receive ongoing training to aid in decisions for Military Sexual Trauma cases brought before the Board.
• An article published July 26, 2021, written by Maya Eichler, and entitled Administrative tribunals and equity: Military sexual assault survivors at the Veterans Review and Appeal Board examined the Board’s decisions on MST-related claims for disability entitlements since fiscal year 2009-10.
• Although the article calls into question past aspects of the Board’s decision-making with relation to MST cases, it speaks to positive progress made in recent years in relation to MST cases that come before the Board

Background

• The above mentioned article was first published in the Canadian Public Administration journal (scholarly publication of the Institute of Public Administration of Canada).
• Eichler wrote that over the time period of the study, the Board questioned evidence for MST cases more often than other disability cases. She points to a lack of reporting of MST and the military’s mishandling of sexual assault cases as a reason for there being a lack of evidence. Eichler also wrote that the Board has dismissed cases in which the applicant was considered off duty, as well as how the Board has devalued the impact of cumulative trauma such as prior experiences with sexual assault when making a decision regarding MST.
• Much of the above noted article is critical of the VRAB’s handling of MST cases, the author does acknowledges the recent strides made by the Board and Veterans Affairs to change how MST cases are handled. The author credits the VRAB’s new adjudicative guideline on military sexual trauma, which came into effect on August 2020 as a reason for the improvements.
• The article acknowledges the Board’s Chair as someone who recognized the shortcomings of the Board with MST cases and has worked to address them, while also being transparent with Eichler throughout her research process in hopes that the Board’s involvement will help to make meaningful change.

Current Status

• VRAB Favorability Rates for Review Decisions related to military sexual assault has increased from 20% to 50% from FY 2009-10 to FY 2019-20.
• VRAB Favorability Rates for appeal Decisions related to military sexual assault has increased from 0% to 83% from FY 2009-10 to FY 2019-20.
• Veterans Review and Appeal Board members receive ongoing training to support them in making consistent and well-reasoned decisions. This includes learning about Canadian Armed Forces and Royal Canadian Mounted Police culture and operations, common service-related injuries and medical conditions, and military sexual trauma.
• At the last in-person Board Members’ conference (October 2019), a workshop was devoted to Trauma Informed Care and focused on working from a trauma-sensitive approach.
• The Board actively participated in the first-ever Women’s Veterans Forum held by Veterans Affairs Canada in May 2019. The Forum brought together Canadian women Veterans and key stakeholders to help direct future research, develop ideas and solutions to policy and program challenges and promote areas of collaboration among women Veterans and stakeholder groups.

Consideration

• The study, which led to the writing of Maya Eichler’s article, was instigated by Marie-Claude Gagnon, founder of It’s Just 700. A group run by Canadian volunteers living with a military sexual trauma dedicated to current and past service members of the Canadian military who survived a work-related sexual trauma.

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I-3 Interpretation Decision

September 2021

Purpose

To provide information on the VRAB’s most recent Interpretation Decision (I-3)

Summary

• On May 18, 2021, the Veterans Review and Appeal Board issued an Interpretation Decision (I-3) that provided clarity around compensation for those with disabilities arising from medical care. The Decision found both Canadian Armed Forces and Royal Canadian Mounted Police Members may be eligible for disability benefits arising from a service-related treatment injury.

Background

• Interpretation Decisions clarify issues of interpretation of legislation, policy, or procedure. They establish binding precedents for those questions of law which have been determined in the decisions.
• An Interpretation Hearing was held in January 2021 where a Panel of VRAB Members heard from stakeholders on the interpretation of the Board’s legislation with the intent to bring clarity to whether disabilities arising from medical care can be compensated.
• The I-3 Decision was issued regarding the Bureau of Pensions Advocates’ (BPA) Chief Pensions Advocate’s question of:
  • Whether a disability was attributable to service, arose out of service, was directly connected with service and/or is service-related where the disability is the result of:
    • Medical or dental treatment provided or authorized by Canadian Armed Forces (CAF) or Royal Canadian Mounted Police (RCMP) health care services; or
    • A lack of medical or dental treatment provided or authorized by CAF or RCMP health care services;
    • And whether a disability, resulting from medical negligence by or on behalf of the CAF or RCMP, and/or an inability to obtain appropriate treatment, is a disability that is service-related.

Current Status

• Since the decision was issued in spring 2021, the BPA has been working with clients to determine whether service-related treatment injury claims previously adjudicated by Veterans Affairs Canada could be brought to the Board for review.
• Those with previously adjudicated medical mistreatment claims can seek information from their representative for further redress.

Considerations

• The Decision noted each claim must be analyzed on a case-by-case basis to determine whether there is a significant relationship to service, without holding applicants to a requirement of establishing negligence.
• In its written decision, the Panel noted that the weighing of factors calls for a holistic view of the evidence in the unique and specific circumstances of each case; negligence is not necessary for establishing service relationship and does not easily fit in legislation designed to be accessible and expeditious.

Communications approach

• The Board issued a news release announcing the I-3 Interpretation Decision in spring 2021.
• The full I-3 Decision is available on the Board’s website.
• The Board’s website has been updated with additional information on the I-3 Decision including a Q&A regarding options available to those with a service-related treatment injury.

Next Steps

• The Board will continue to work with applicants and stakeholders to ensure the I-3 Decision is considered in all applicable disability claims.

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VRAB’s Increased Workload

September 2021

Summary

• The Board’s “normal” workload continues to increase rapidly. From 2018-19 and 2019-20, the Board saw an increase from 2,306 to 4,728 (total Reviews, Appeals and Reconsiderations).
• The VRAB increased workload is directly affecting wait times for Veterans.
• The influx of cases are a result of Veterans Affairs’ (VAC’s) efforts to clear their backlog and improve service delivery.
• In the most recent Public Service Employee Survey results, the Board received very positive results regarding leadership and recognition. However, the most significant negative increase was a 19% increase of staff who feel the Board not having enough employees to do the work is the most significant factor contributing to work stress.

Purpose

To provide information about the VRAB’s increased workload, as well as longer wait times currently being experienced by Veterans awaiting their hearing and/or their decision.

Background

• The VRAB estimates an additional 9,000 new applications from VAC, Bureau of Pensions Advocates and Royal Canadian Legion over the next two years.

Current Status

• Today, at the onset of this influx in cases, current wait times for Veterans receiving their decision is about 12 months for Reviews and six months for Appeals. In March 2020, wait times were averaging five months for Reviews and four months for Appeals.
• These trends show that clients, who already waited to receive a decision from VAC and register their case with BPA, are experiencing an increase in wait times at the Board, further delaying their access to the financial and health benefits, to which they may be entitled.

Issues

• We estimate a backlog of 13,000 applications will be created in the first two years.
• The Board’s recent success in improving stakeholder relations and client satisfaction (90% in September 2020) will be negatively impacted by the change in service – longer wait times for Veterans to both have their case heard and receive their decision in a timely manner.
• There are several other factors expected to result in a further increase in applications: Additional Pain and Suffering, Treatment Injury and Agent Orange.
• The most significant negative increase of the Board’s increased workload is a 19% increase of staff who feel the Board not having enough employees to do the work is the most significant factor contributing to work stress.

Considerations

• The Board’s Mission is to provide Veterans, Canadian Armed Forces and RCMP members, and their families with timely, respectful hearings and fair, plain-language decisions.
• In December 2020, the VRAB received 10 new Board Members, increasing the Member complement from 14 to 23.This increases the Board’s Hearing capacity from the Member perspective, however we do not have the staff in place to be able to support this new capacity.
• Eight Board Members appointments expire by the end of 2023 and will require new Member appointments or re-appointment of existing Members by Government In Council.

Communications approach

• The Board will need to respond to the sudden increase in wait times for hearings and decisions experienced by Veterans, CAF and RCMP Members, and their families for the foreseeable future.
• The Board is being open and transparent with its communication when responding to inquiries regarding increased wait times for hearings and decisions

Next Steps

• The Board is seeking alternative methods to increase efficiency and reduce wait times for Veterans.
• The Board is working on a budget 2022 submission that will request additional temporary funding, a permanent budget increase and funding to support proposed innovations.

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On December 21, 2018, after two years of successful implementation by the Privy Council Office of a new approach to GIC appointments, the Prime Minister delegated the authority for the management of selection processes for non-leadership positions at the VRAB to the Minister of Veterans Affairs. Some elements of the process outlined here will be reviewed as part of the development of a framework to be approved by the Minister.

Recruitment Advertisement

Merit based criteria (see Annex A) and vacancies are advertised through:

• GIC Appointments website perpetually
• VRAB website perpetually
• Gazette (quarterly)

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Screening

• Past practice, which will be reviewed during the framework development, included the following as members of the Selection Committee: VRAB Chair or Deputy Chair and representatives from PMO, OMVA, PCO, and VAC.
• Committee reviews applications against pre-determined Education and Experience criteria and recommends candidates for written assessment.

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Written Assessment

• Administered by the VRAB and completed online by candidates.
• The Screening Committee recommends candidates to be interviewed based on assessment results.

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Interviews

• Selection Committee assesses candidates through oral interviews and reference checks.

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Establish Roster of Qualified Candidates

• Selection Committee uses results of written assessment, oral interview and reference checks to determine if candidates meet the qualification criteria and can be placed in the Roster of Qualified Candidates.
• Chair recommends the Roster of Qualified Candidates to the Minister.

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VRAB Appointment Needs

• Chair advises the Minister of the Board’s appointment needs in terms of operational requirements, location, language, gender, diversity and experience.

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Appointment Process

• Candidates who meet the VRAB’s appointment needs are drawn from the Roster of Qualified Candidates for consideration by the Minister.
• Minister recommends candidate(s) for appointment by the Governor in Council.
• A representative of the Minister’s Office and VRAB work together to prepare/obtain appointment documentation package for PCO.

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Annex A - Appointment Opportunity

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The overarching goal of the Minister of Veterans Affairs and Associate Minister of National Defence is to ensure that the government lives up to our sacred obligation to veterans and their families

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following position:

Members (full-time)

Veterans Review and Appeal Board Canada

The Veterans Review and Appeal Board is an independent administrative tribunal with quasi-judicial powers that provides two levels of appeal for disability benefits decisions made by Veterans Affairs Canada. The mission of the Tribunal is to provide timely, respectful hearings and fair, plain-language decisions to Veterans, Canadian Armed Forces (CAF) and Royal Canadian Mounted Police (RCMP) members, and their families.

Members of the Veterans Review and Appeal Board function as independent, administrative tribunal decision- makers, mandated to provide fair and impartial quasi-judicial hearings and decisions of reviews and appeals for disability compensation decisions made by the Department of Veterans Affairs. They also conduct hearings and make decisions for War Veterans Allowance appeals and applications for Compassionate Awards. Members are appointed for various terms and conduct hearings in 23 locations across Canada. All members work on a full-time basis and are assigned to hearings by the Chair of the Board. The work requires extensive travel across Canada where travelling 3 out of 4 weeks would not be uncommon. Members operate in a high volume and fast paced work environment focused on respectful hearings and quality decisions written in plain language to ensure Veterans and others receive the benefits they are entitled to under the law.

Further details about the organization and its activities can be found on the Veterans and Review Appeal Board website.

Candidates must apply online by DATE, YEAR, via the Governor in Council website. Candidates must submit their curriculum vitae along with the completed application form with their online application. To download the GIC application form click here.

Your cover letter should be addressed to the Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, and should be sent only through the on-line application.

Salary Range: $108,200 - $127,200 (GCQ-3)

Position Location: Edmonton, Ottawa, Montreal, Quebec City, Halifax, Charlottetown

Official Languages and Diversity

The Government of Canada will consider bilingual proficiency and diversity in assessing candidates for these positions. You are therefore encouraged to include in your online profile your ability to speak and understand your second official language. Preference may be given to candidates who are members of one or more of the following groups: women, Indigenous peoples, persons with disabilities, and members of visible minorities.

To be considered for one of these positions, please provide examples from your career that clearly demonstrate how you meet the following requirements in your application:

Education and Experience

• A degree from a recognized university or an acceptable combination of equivalent education, training and job-related experience;
• Significant and recent work experience in decision-making related to sensitive and complex issues; Significant** recent*
• Experience in the interpretation and application of legislation, regulations and policies, and in gathering and assessing complex information in order to make decisions;
• Experience in writing submissions or decisions that pertain to the interpretation of statutes, regulations, policies or case law;
• Experience in using a computer for communication, research and word processing (Microsoft Word); and
• Experience in disability compensation, policing, military, heath care or health sciences would be considered an asset.

If you are selected for a written test and an interview, the following criteria will be assessed:

Knowledge, Skills and Abilities

• Knowledge of the legislation and regulations related to the mandate and activities of Veterans Review and Appeal Board;
• Knowledge of administrative law, principles of natural justice and practices followed by administrative tribunals and Veterans Review and Appeal Board;
• Knowledge of the Pension Act and the Canadian Forces Members and Veterans Reestablishment and Compensation Act;
• Knowledge of the appeal processes and the operations of Veterans Review and Appeal Board , including the regulations that govern its activities;
• Knowledge of contemporary Veterans’ issues;
• Ability to communicate effectively, both orally and in writing;
• Ability to conduct hearings;
• Ability to identify relevant facts and analyze information to make and write tribunal decisions;
• Ability to work efficiently, independently, as well as within a team; and
• Ability to use a computer all for communication, research and word processing (Microsoft Word), and to learn new information systems.

Language Requirements

Proficiency in both official languages would be preferred. Some positions require fluency in English and some positions require proficiency in both English and French.

If you move on to the next stage of the selection process, we will contact your references to verify how you have demonstrated the Experience requirements and the following Personal Attributes in your current and recently held positions:

• High ethical standards and integrity
• Sound judgment
• Impartiality
• Tact
• Discretion

Eligibility Factors and Conditions of Employment

In your application, it will be important that you confirm you meet the following requirements:

• A member shall perform their duties under the Veterans Review and Appeal Board Act on a full-time basis and shall not hold any office or engage in any occupation inconsistent with those duties (statutory).
• You must work on occasion from your home office in Canada and have access to high-speed internet.
• You reside in or are willing to relocate to the location for which you applied or to a location within reasonable commuting distance. Relocation will only be reimbursed in exceptional circumstances.
• You are willing to travel across Canada.

If you are appointed to one of these positions:

You must comply with the Ethical and Political Activity Guidelines for Public Office Holders throughout your appointment, as a term and condition of employment. The guidelines are available on the Governor in Council Appointments Web site, under "Forms and Reference Material".

You will be subject to the Conflict of Interest Act. Public office holders appointed on a full-time basis must submit to the Office of the Conflict of Interest and Ethics Commissioner, within 60 days of appointment, a confidential report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner’s website.

A link to this notice will be placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for these positions. It is not, however, intended to be the sole means of recruitment.

A roster of qualified candidates may be established and may be used for similar opportunities. Qualified candidates will be eligible for appointment for a period of two years from the date they are notified in writing.

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Member (GIC) Reappointment Context/Process

Background

• On February 25, 2016 the Prime Minister announced that the Government of Canada would apply a more rigorous approach to all Governor in Council (GIC) appointments.
• The new selection process for GIC appointments reflects the fundamental role that more than 1,500 Canadians play in our democracy as they serve on commissions, boards, Crown corporations, agencies and tribunals across the country.
• On December 21, 2018, after two years of successful implementation of this new approach by the Privy Council Office (PCO), the Prime Minister delegated the authority for the management of selection processes for non-leadership positions within the four large administrative tribunals (including VRAB) to the responsible ministers.
• The Board is in the process of developing a framework in consultation with PCO to reflect these principles and define respective roles and responsibilities in selection and appointment processes.
• Following a selection process, a roster(s) of qualified candidates is established from which Ministers make appointment recommendations for positions within their respective portfolios. The new strategy results in the recommendation of high-quality candidates that reflect the gender balance and diversity of Canadian society.
• The Board consists of up to 25 permanent members and any number of temporary members based on the workload of the Board.
• All members are full time and hold office during good behavior.
• A permanent member can be appointed for a term not exceeding 10 years and is eligible to be reappointed.
• A temporary member can be appointed for a term not exceeding two years and is eligible to be reappointed for one additional term.
• Permanent members can be reappointed as temporary members, and temporary members can be reappointed as permanent members.

Context

• Permanent members have typically been appointed for terms of three to five years.
• To ensure high-quality, consistent decisions for Veterans, the Board must maintain a cadre of experienced members alongside newly-appointed members; it takes at least one year for a new member to be comfortable in their role as an adjudicator and benefit from the mentorship of more experienced members.
• In order to ensure timely hearings and decisions for Veterans, appointments and reappointments must be timely and coordinated with the Board’s needs. Otherwise hearings will be cancelled.
• It is useful to maintain a membership that reflects diversity, military, policing, health, and legal backgrounds, as well as lay people, to reflect Canadian society.
• The number, location, and language proficiency of member appointments should align with the Board’s workload and budget.

Reappointment Process

• One year prior to the expiry of a Member’s term: The VRAB Chair notifies the Minister; the position then goes on PCO Vacancy Report.
• Six months before a Member’s term expires: The Chair provides the Minister with a report on the member’s performance, as well as the Board’s appointment needs for the next six to 12 months by taking into consideration performance, backgrounds, gender, language, diversity, geographic location and workload.
• Six months before a Member’s term expires: The Minister makes a decision to reappoint a member or not, and notifies them in writing of their decision.

Appointment Documentation

• The Minister recommends candidate(s) for reappointment to the Governor in Council.
• At the request of the Minister’s Office, the Board obtains and prepares appointment documentation to support the recommendation, including the draft Orders in Council.
• To ensure a timely new appointment or reappointment, appointment documents should be sent to PCO at least two months before the Member’s term expires.

Reappointment Process

• One year prior to the expiry of a Member’s term: The VRAB Chair notifies the Minister; the position then goes on PCO Vacancy Report.
• Six months before a Member’s term expires: The Chair provides the Minister with a report on the member’s performance, as well as the Board’s appointment needs for the next six to 12 months by taking into consideration performance, backgrounds, gender, language, diversity, geographic location and workload.
• Six months before a Member’s term expires: The Minister makes a decision to reappoint a member or not, and notifies them in writing of their decision.

Appointment Documentation

• The Minister recommends candidate(s) for reappointment to the Governor in Council.
• At the request of the Minister’s Office, the Board obtains and prepares appointment documentation to support the recommendation, including the draft Orders in Council.
• To ensure a timely new appointment or reappointment, appointment documents should be sent to PCO at least two months before the Member’s term expires.

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Christopher McNeil, CHAIR

Christopher McNeil was first appointed to the Veterans Review and Appeal Board as a Member in April 2015. He was appointed Chairperson in July 2018. Mr. McNeil spent more than 30 years serving with the Halifax Regional Police before retiring in 2013 as Deputy Chief. Mr. McNeil has extensive public sector leadership experience. In the course of his career, he also acted as a workplace rights coordinator and adjudicator in discipline matters. In addition to his policing career, Mr. McNeil worked as a solicitor for the Nova Scotia Department of Justice.

Mr. McNeil holds a Bachelor of Commerce from Saint Mary’s University and a Law Degree from Dalhousie University.

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Jacques (Jack) Bouchard, DEPUTY CHAIR

Jacques A. Bouchard was first appointed to the Veterans Review and Appeal Board in July 2017. He was reappointed to the board on 2 July 2018 and designated as Deputy Chairperson. Mr. Bouchard is a Veteran, having served over 36 years in the Canadian Armed Forces from 1980 to 2017. Amongst his many roles, he served as the Chief of Staff Support to the Canadian Forces Recruiting Group and as Commanding Officer/Administrative Officer to Canadian Forces Base Borden and Canadian Forces Support Training Group. Along with serving throughout the country, he served for four years with the Canadian Embassy in Rome, Italy and as the Senior Canadian Logistics Mentor/ Officer with the Coalition Advisory Team embedded with 205 Corps of the Afghan Army at Forward Operating Base Lindsay, near Kandahar.

Mr. Bouchard had a unique career with the Canadian Armed Forces. He served in the ranks from Private to Warrant Officer from 1980 to 1999, prior to being commissioned from the Ranks as a Logistics Officer. He was subsequently promoted to Lieutenant- Colonel in 2010 assuming command of the Administrative Branch, where he was also twice appointed as Official Languages Champion.

Mr. Bouchard is a graduate of the Advanced Program in Human Resources, University of Toronto, is a member of the Order of Military Merit, and is a recipient of the Liz Hoffman Memorial Commendation from the Ombudsman National Defence and Canadian Forces for bringing about positive and lasting change to the Department of National Defence and the Canadian Armed Forces.

Mr. Bouchard completed advanced studies in Human Resources at the University of Toronto and resides in Prince Edward Island.

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Laurie Blakeman, BOARD MEMBER

Laurie Blakeman was appointed to the Veterans Review and Appeal Board in 2017. Prior to joining the Board, she spent 18 years as an MLA in the Alberta Legislature making a substantial contribution to her community through her parliamentary activism and commitment to human rights and women’s issues advocacy. Prior to serving in public office, Ms. Blakeman spent two decades working in theatre, the arts, and with not-for-profit organizations in various creative and leadership roles.

Ms. Blakeman holds a Bachelor of Fine Arts and a Certificate in Public Administration from the University of Alberta.

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Richard Boughen, BOARD MEMBER

Richard Boughen was appointed to the Veterans Review and Appeal Board in 2017. He brings with him more than 26 years of experience in the Royal Canadian Mounted Police, during which he gained a wealth of expertise in leadership, human resource development, and policy creation.

Mr. Boughen holds a Bachelor of Arts from the University of Manitoba and a Master of Leadership and Management from Charles Sturt University.

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Sundeep Burm, BOARD MEMBER

Sundeep Burm was appointed to the Veterans Review and Appeal Board in 2020. After earning his Bachelor of Arts degree from the University of British Columbia, he went on to pursue JD studies in the United States. Mr. Burm has spent the past decade providing poverty law advocacy services at the Sources Newton Resource Centre, providing advice and representation to injured workers and their dependents for the Worker’s Advisers Office and as a WCB/LTD representative for the Hospital Employees’ Union.

Sundeep Burm has been appointed as a Board Member for a five-year term.

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Patrice Carriѐre, BOARD MEMBER

Patrice Carriѐre was appointed to the Veterans Review and Appeal Board in 2019. Mr. Carriѐre is a Veteran with 32 years of service in the Canadian Armed Forces having attained the rank of Commander. He has served with the Royal Canadian Navy and the Royal Canadian Medical Service and has been posted to various Navy, Army and Air Force bases across Canada. His career includes specialization in health services administration and significant experience in military personnel management.

Mr. Carriѐre is originally from St. Boniface, Manitoba. He holds a Certificate in Health Care Administration from the University of Saskatchewan, a Bachelor of Arts from the Royal Military College of Canada and a Masters of Arts from Central Michigan University. He is married and is the father of five children. He is fluent in both English and French.

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Gabrielle F. Fortin, BOARD MEMBER

Gabrielle Fortin was appointed to the Veterans Review and Appeal Board in 2020. Gabrielle Fortin served as a Medical Technician in the Canadian Armed Forces before working as a Regulated Immigration Consultant and serving as a Board Member at the Immigration Consultants of Canada Regulatory Council. Gabrielle then became Executive Director of French for the Future. Most recently, Ms. Fortin worked for Heritage Canada on the modernization of The Official Languages Act. She holds a certificate in immigration laws policies and procedures and a BA in Public Affairs and International Relations from Laval University.

Gabrielle Fortin was appointed as a Board Member for a five-year term.

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Zine El Abidine (Zine) Ghediri, BOARD MEMBER

Zine Ghediri was appointed to the Veterans Review and Appeal Board in 2020. He worked as a Legal Consultant for TRIAL International in Switzerland, a non-governmental organization fighting impunity for international crimes and supporting victims. More recently he worked as a Counsellor in corporate law for Thomson Reuters and as an Administrative Reviewer for the Commission des normes, de l'équité, de la santé et de la sécurité du travail. His variety of global experience has given him a strong background in the interpretation and application of legislation and in decision-making.

Mr. Ghediri holds a Master degree in International Law from the University of Nice in France, a Bachelor law degree from The Applied Science Private University in Jordan and a Certificate in Law from the University of Montreal.

Zine Ghediri was appointed as a Board Member for a five-year term.

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Jason Glover, BOARD MEMBER

Jason Glover was appointed to the Veterans Review and Appeal Board in 2020. Jason Glover has more than 15 years of experience in the public sector. He worked as a Probation and Parole Officer for the Ministry of Solicitor General in Ontario and as a Tribunal Member for the Employment & Social Development Canada Social Security Tribunal. Jason has held roles on numerous Boards, including as Vice President of the Society of Ontario Adjudicators & Regulators, as President of the University of Toronto Scarborough (UTS) Alumni Association and as a Trustee on the Board of Directors for OPTrust. Jason earned a Bachelor of Arts from UTS and has since completed the Director Education Program at the Rotman School of Management at the University of Toronto, and he has earned ICD.D Designation from the Institute of Corporate Directors.

Jason Glover was appointed as a Board Member for a five-year term.

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Wilfred Jephson, BOARD MEMBER

Wilfred Jephson was appointed to the Veterans Review and Appeal Board in 2014. Prior to joining the Board, he spent 25 years in the RCMP. He has a strong operational background as an investigator, and gained experience in administrative and Human Resources support functions. During his career, he was posted in Manitoba, Nunavut, British Columbia and he finished his career in Ottawa at National Headquarters. He worked with international law enforcement Partners while in Ottawa, and had the opportunity to work closely with the Canadian Armed Forces on a number of occasions including the Red River flood in 1997 and the 2010 Olympics. He also spent six years as a Staff Relations Representative (SRR) advocating for the well-being of RCMP members at both the Provincial level as well as the National level.

Mr. Jephson is bilingual and holds a Bachelor of Arts in psychology from the University of Manitoba and a Master of Arts in Conflict Analysis and Management from Royal Roads University.

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Mary Lynn Kane, BOARD MEMBER

Mary Lynn Kane QC was appointed to the Veterans Review and Appeal Board in 2020. Mary Lynn has a Bachelor of Science Degree from Acadia University and a Bachelor of Laws from Dalhousie University. She practiced law for more than 30 years in the areas of general litigation, personal injury, medical negligence and health law. Mary Lynn served as Managing Partner of the Cox & Palmer Prince Edward Island offices from 2003-2018 and as Regional Chair of Cox and Palmer from 2012 to 2014. In 2019, Mary Lynn was appointed Deputy Minister of Communities, Land and Environment for the Government of P.E.I. Prior to joining the VRAB, she worked as a Mediator with Garson MacDonald.

Mary Lynn received her Queen's Counsel appointment in 2006 and was the 2017 recipient of the Bertha Wilson Award from Dalhousie University. She is the President of the Board of Directors of the United Way (PE) and a faculty member of the Bar Admission Course for the Law Society of Prince Edward Island.

Mary Lynn Kane QC was appointed as a Board Member for a five-year term.

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Ann Lavallée, BOARD MEMBER

Ann Lavallée was appointed to the Veterans Review and Appeal Board in 2017. Prior to joining the Board, she spent 32 years in the Canadian Armed Forces, retiring as a senior leader at the rank of Lieutenant Colonel. The last 14 years of her career were spent specializing in the fields of tuition benefits, healthcare and personnel management. Outside of her work, Ms. Lavallée has volunteered in her community, most recently with the Special Olympics of Ontario.

Ms. Lavallée holds a Bachelor of Arts from the Collège militaire royal de Saint-Jean and a Master of Business Administration from the Royal Military College of Canada.

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Sean Layden, BOARD MEMBER

Sean Layden was appointed to the Veterans Review and Appeal Board in 2020. Sean Layden brings 25 years of experience practicing law as a Partner for Boyne Clarke LLP, and later as an Associate for Lenehan Musgrave LLP. Sean earned a Bachelor of Arts from St. Francis Xavier University before graduating with a Bachelor of Law from Dalhousie University’s Schulich School of Law. He has been involved in various groups throughout his community, including serving as President of the Brain Injury Association of Nova Scotia. Sean was awarded the Queen’s Counsel designation in 2011.

Sean Layden was appointed as a Board Member for a five-year term.

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Mélanie Leduc, BOARD MEMBER

Mélanie Leduc was appointed to the Veterans Review and Appeal Board in 2017. She brings with her more than 15 years of experience with the federal government in the field of immigration. This work has given her a strong background in the interpretation and application of legislation and in decision-making.

Ms. Leduc holds a Bachelor of Criminology and a Bachelor of Law from the University of Montreal.

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Christine Lewis Cossette, BOARD MEMBER

Christine Lewis Cossette was appointed to the Veterans Review and Appeal Board in 2020.

Holding a Bachelor of Arts from Ottawa University and an LL.B in Civil Law from l’Université du Québec à Montréal, she has worked as a lawyer and advisor for more than 20 years. She began her career in a private law firm as a general practitioner before joining the federal public service in 2002. She has since occupied positions of policy analyst, legal counsel and administrative litigator in various areas within the federal public service. Christine is a skilled advisor with outstanding communication and client service skills.

Christine Lewis Cossette was appointed as a Board Member for five-year term.

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Melanie Malchuk, BOARD MEMBER

Melanie Malchuk was appointed to the Veterans Review and Appeal Board in 2019. Most recently, Ms. Malchuk worked as an Independent Hearing Adjudicator with Correctional Services of Alberta. She brings a combined 24-year in-depth work experience between the Royal Canadian Mounted Police and the Alberta Human Rights Commission.

Ms. Malchuk holds a Bachelor of Science in Criminal Justice from the University of Great Falls and a Law Enforcement Diploma from Lethbridge Community College. A lifelong learner, she continues to participate in audio conferences about employment and human rights laws.

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Corrado Micalef, BOARD MEMBER

Corrado Micalef was appointed to the Veterans Review and Appeal Board in 2020. He holds a Bachelor of Arts Degree and Alternative Dispute Resolutions Certificate from the University of Prince Edward Island and is fluent in four languages. Corrado began his career in federal public service with Public Works and Government Services of Canada (Europe) while in Germany. In 2013, he joined the Office of the Veterans Ombudsman and most recently was Manager of Operations. Prior to joining the public service, Corrado was a professional hockey player and coach in Canada, USA, and Europe. He played in the NHL with the Detroit Red Wings from 1981-86. He is still involved in hockey with the Quebec Major Junior Hockey League as the current Director of Recruitment for the Maritimes.

Corrado Micalef was appointed as a Board Member for a five-year term.

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Nancy Miller, BOARD MEMBER

Nancy Miller was appointed to the Veterans Review and Appeal Board in 2020. She began her career serving with the Canadian Armed Forces as a Military Police Officer, achieving the rank of Master Corporal. In 2019, she received the Canada Pride Citation, acknowledging unjust policies of the past. Nancy Miller spent more than 35 years in communications, educational media and video production. Nancy also served on the Alberta Community and Social Services Appeal Panel delivering fair and unbiased hearings for citizen appeals related to support programs.

Nancy Miller was appointed as a Board Member for a five-year term.

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Valerie Moore, BOARD MEMBER

Valerie Moore QC was appointed to the Veterans Review and Appeal Board in 2019. She brings with her 27 years of experience with the Government of Prince Edward Island as a Crown Attorney. She also has a strong background in regulatory and administrative law.

Ms. Moore holds a Bachelor of Laws from Dalhousie University and Bachelor of Arts from the University of Prince Edward Island.

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Alex Robert, BOARD MEMBER

Alex Robert was appointed to the Veterans Review and Appeal Board in 2019. Mr. Robert is a Chartered Professional Accountant (CPA) and he joins the Board following a successful career with Veterans Affairs Canada in a range of capacities in Internal Audit, Finance, Legislative Services, and, more recently, with Service Delivery. His extensive work experience, especially in Legislative Services supporting the advancement of government legislative and regulatory measures, has given him a strong background in the interpretation and application of legislation. He also brings from his previous public service career an understanding of Veterans’ issues and a commitment to the overall well-being of Veterans and their families.

Mr. Robert served in a number of capacities with the CPA Association, where he developed experience in the management and regulation of professions, notably further to his tenure on the Discipline Committee. Mr. Robert is a native of Compton (Québec). He received a diploma in Pure and Applied Science from Champlain College (Lennoxville), and holds a Bachelor of Business Administration from Bishop’s University. He was also awarded the title of Fellow CPA in recognition of career achievements.

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Tanya Robertson, BOARD MEMBER

Tanya Robertson was appointed to the Veterans Review and Appeal Board in 2019. After working for a law firm in her earlier career years, Ms. Robertson worked for the Workers Compensation Board of Prince Edward Island for 16 years as Legal Counsel. Prior to being appointed to the Board, she worked as an analyst in both the program and policy areas at Veterans Affairs Canada.

Ms. Robertson holds a Bachelor of Laws and a Bachelor of Business Administration from the University of New Brunswick.

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Constance Robinson, BOARD MEMBER

Constance Robinson was appointed to the Veterans Review and Appeal Board in August 2018. She is a lawyer with more than 20 years of experience in workplace law, labour relations and human resources in both the public and private sectors. Most recently, she was the Director of Labour and Industrial Relations for the Department of Workforce and Advanced Learning of Prince Edward Island, and has worked for Health PEI as an Integrated Disability Management Coordinator.

Ms. Robinson holds a Master of Arts from the University of Calgary and a Bachelor of Laws from Dalhousie Law School.

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Richard Thibault, BOARD MEMBER

Richard Thibault was appointed to the Veterans Review and Appeal Board in 2020.

Richard Thibault is a 35-year Veteran of the Royal Canadian Mounted Police. During his career, he was deployed in missions with United Nations Mission in Haiti and with the Canadian International Development Agency in Jordan, Middle East. He received his Commission in 2011. Following a distinguished career with the RCMP, Richard worked for Veterans Affairs Canada (VAC) as a Security Coordinator with Vimy Centennial.

Since 2018, he has worked with VAC’s Human Resources department. Richard also spent three years with the Canadian Armed Forces as a Reservist with the Fusiliers du Saint Laurent, Rivière du Loup, Quebec. Richard has received many honours including the RCMP Exemplary Long Service Medal, the Canadian Peacekeeping Medal, Queen Jubilee, and Queen Diamond Jubilee Medal. Fluent in both French and English, Richard has been involved with various community initiatives including Habitat for Humanity in Regina, Saskatchewan, Rotary Club of Stratford in Prince Edward Island and serving as the Vice-Chair and Secretary for the Charlottetown Military Family Resource Centre. Richard Thibault was appointed as a Board Member for a five-year term.

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Governor in Council Quasi-Judicial (GCQ)

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Name	Title	Telephone
Christopher McNeil	Chair	1-800-450-8006
Jacques Bouchard	Deputy Chair
Judy Gallant-MacIsaac	Director General
Amber Nicholson	Manager of Communications

Mailing Address

Veterans Review and Appeal board
P.O. Box 9900
Charlottetown, PE C1A 8V7

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The Veterans Review and Appeal Board is a federal tribunal that provides an independent appeal program for disability benefits decisions made by Veterans Affairs Canada (the Department). The Board also hears applications for compassionate awards and final appeals of War Veterans Allowance decisions.

We exist to support Veterans, members of the Canadian Armed Forces and RCMP, and their families in obtaining the benefits they are entitled to for service-related disabilities.

The Board is an entirely separate organization from Veterans Affairs Canada. This ensures that we can offer a fair and independent appeal process.

Our mission is to provide timely, respectful hearings and fair, plain-language decisions to those who come to us for redress of their disability benefits decisions.

What can the Board do for me?

You can come to the Board for an independent review if you are dissatisfied with the Department's decisions on:

• Disability pensions or awards
• Critical Injury Benefit
• Special awards including Attendance Allowance, Exceptional Incapacity Allowance, and Clothing Allowance

Two levels of redress are available to you at the Board: a Review hearing and, if you remain dissatisfied, a subsequent Appeal hearing. Hearings are non-adversarial, which means that no one opposes your application or argues against you.

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Who can help me?

The Bureau of Pensions Advocates (BPA) is an organization of lawyers within Veterans Affairs Canada that offers free legal representation to Veterans who come to the Board.

If you are dissatisfied with the Department's decision on disability benefits, you can contact the BPA at 1-877-228-2250 or send a secure message through My VAC Account to discuss your case. Some Veterans' organizations, such as the Royal Canadian Legion, also provide free representation and assistance.

Your representative will:

• advise you on your redress options;
• make an application to the Board on your behalf;
• research your case to determine if you need additional supporting evidence, medical reports, or other documentation;
• help you prepare for your hearing; and
• present your case to Board Members at your hearing.

If you would like to hire a private representative at your own cost or self-represent, you must notify the Board in writing.

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What kind of evidence do I need?

The evidence you need will vary, since every case is different and decided based on its own unique facts and circumstances. A good place to start is the most recent decision on your application, which should explain the reasons for the ruling. Your representative will advise you on what additional evidence may be required to support your case.

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Who will hear my case?

Your case will be heard by a panel of Board Members. Board Members are independent decision makers who come from a variety of backgrounds, including military, medical, policing, and legal. They receive ongoing specialized training, and are knowledgeable about the medical conditions commonly related to service in the military and RCMP.

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What is a Review hearing?

The Review hearing is the first level of redress at the Board. It is your first and only opportunity to appear before decision makers and tell your story. Your representative will advise you on whether it would be helpful to bring any witnesses with you. Please feel free to bring a friend or family member with you for support.

Review hearings are conducted by two Board Members in locations across Canada. The Board also conducts hearings by videoconference. If you are unable to attend your hearing, we can arrange for you to participate by telephone. You can discuss these options with your representative.

The hearing set-up is informal: in most cases, you will sit at a boardroom table with your representative beside you and the Board Members across from you. Before the hearing begins, you will be asked to swear an oath or make a solemn declaration about the testimony you are about to give. Then, the Board Members will welcome you and explain how your hearing will unfold. During the hearing, your representative will present your case, make arguments on your behalf, and ask you to speak about details related to your service and medical condition. Board Members will ask you and your representative questions to better understand your case.

The Review hearing is your chance to be heard, so you should be prepared to talk about your situation. This could include talking about your military or RCMP service, how your disability came about, and how it has affected you.

Hearings are audio recorded and usually last about 30 minutes. If you choose to attend your Review hearing in person, you will be reimbursed for travel and accommodation expenses. For more details, please contact your representative.

After the hearing is finished, the Board Members will consider all the evidence and make a decision. Once completed, you will receive a written decision by mail. Our goal is to issue decisions within six weeks of the hearing.

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What if I am dissatisfied with a Review decision?

You should contact your representative to discuss an Appeal hearing.

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What is an Appeal hearing?

The Appeal hearing is the Board's second and final level of redress. Your case will be heard by three Board Members who were not involved in your Review hearing.

This hearing is another opportunity for your representative to present information and to make arguments on your behalf. Applicants rarely attend their Appeal hearings because the legislation does not allow for oral testimony or reimbursement of travel expenses. Appeal hearings are usually held at the Board's office in Charlottetown, as well as by teleconference.

After the hearing is finished, the Board Members will consider all the evidence and make a decision. Once completed, you will receive a written decision by mail. Our goal is to issue decisions within six weeks of the hearing.

Appeal decisions are final and binding.

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What if I am dissatisfied with a final and binding Appeal decision?

You can apply to the Board for a reconsideration (a reopening of the case) if new, credible, and relevant evidence comes to light at a later date, or if an error in fact or law is found in the Appeal decision. You should contact your representative to discuss this option.

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What happens after I receive a decision from the Board?

The Board sends your decision to Veterans Affairs Canada to be placed in your file. If the decision is favorable (such as an increase to your benefits or changes made to the effective date) the Department is responsible for processing these changes. They will let you know if you need to have a medical exam to assess the extent of your disability before you receive benefits.

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Did you know?

As an administrative tribunal, the Board is bound by the open court principle. This is the idea that decision-making processes should be open to the public. At the Board, it means that we depersonalize and publish our hearing schedule and decisions online. Our decisions are available on the Canadian Legal Information Institute's website and are searchable by keyword.

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Our Pledge to You

Fair decisions

Board Members must be independent, impartial, and objective. They are required by law to look at evidence in the best light possible, and to provide written reasons that explain the decision. If you have concerns about the Board's decision in your case, please contact your representative to discuss your options.

Timely service

Once your representative tells us your case is ready, our goal is to hear your case and issue a decision within 16 weeks. This time includes our service standard to mail your decision within six weeks of your hearing.

Respectful hearings

The Board is committed to providing you with a respectful hearing environment. If you have concerns about how you were treated at your hearing, please submit them to us in writing. We will acknowledge receipt of your complaint, investigate it and send you a written response.

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Contact the Veterans Review and Appeal Board

The information that you provide to us is collected under the authority of Canada's Privacy Act for the purpose of responding to your request.

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