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Restoring Confidence in the Veterans Review and Appeal Board

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Restoring Confidence in the Veterans Review and Appeal Board RESTORING CONFIDENCE IN THE VETERANS REVIEW AND APPEAL BOARD Report of the Standing Committee on Veterans Affairs Greg Kerr, M.P. Chair DECEMBER 2012 41st PARLIAMENT, FIRST SESSION Published under the authority of the Speaker of the House of Commons SPEAKER’S PERMISSION Reproduction of the proceedings of the House of Commons and its Committees, in whole or in part and in any medium, is hereby permitted provided that the reproduction is accurate and is not presented as official. This permission does not extend to reproduction, distribution or use for commercial purpose of financial gain. Reproduction or use outside this permission or without authorization may be treated as copyright infringement in accordance with the Copyright Act. Authorization may be obtained on written application to the Office of the Speaker of the House of Commons. Reproduction in accordance with this permission does not constitute publication under the authority of the House of Commons. The absolute privilege that applies to the proceedings of the House of Commons does not extend to these permitted reproductions. Where a reproduction includes briefs to a Standing Committee of the House of Commons, authorization for reproduction may be required from the authors in accordance with the Copyright Act. Nothing in this permission abrogates or derogates from the privileges, powers, immunities and rights of the House of Commons and its Committees. For greater certainty, this permission does not affect the prohibition against impeaching or questioning the proceedings of the House of Commons in courts or otherwise. The House of Commons retains the right and privilege to find users in contempt of Parliament if a reproduction or use is not in accordance with this permission. Additional copies may be obtained from: Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: 613-941-5995 or 1-800-635-7943 Fax: 613-954-5779 or 1-800-565-7757 [email protected] http://publications.gc.ca Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca RESTORING CONFIDENCE IN THE VETERANS REVIEW AND APPEAL BOARD Report of the Standing Committee on Veterans Affairs Greg Kerr, M.P. Chair DECEMBER 2012 41st PARLIAMENT, FIRST SESSION STANDING COMMITTEE ON VETERANS AFFAIRS CHAIR Greg Kerr VICE-CHAIRS Sean Casey Peter Stoffer MEMBERS Eve Adams Ben Lobb Sylvain Chicoine Irene Mathyssen Richard M. Harris Manon Perreault Bryan Hayes Bob Zimmer Wladyslaw Lizon OTHER MEMBERS OF PARLIAMENT WHO PARTICIPATED Chris Alexander Hon. John McKay Dean Allison Isabelle Morin Charmaine Borg Marie-Claude Morin Raymond Côté Tilly O'Neill Gordon Patricia Davidson Annick Papillon Daryl Kramp Rodney Weston François Lapointe CLERK OF THE COMMITTEE Cynara Corbin LIBRARY OF PARLIAMENT Parliamentary Information and Research Service Jean-Rodrigue Paré, Analyst Martin Auger, Analyst iii THE STANDING COMMITTEE ON VETERANS AFFAIRS has the honour to present its SEVENTH REPORT Pursuant to its mandate under Standing Order 108(2) and the motion adopted by the Committee on Thursday, May 10, 2012, the Committee has undertaken a review of Veterans Review and Appeal Board (VRAB) activities and has agreed to report the following: v TABLE OF CONTENTS Organizations Appearing Before the Committee During the Study .................................ix 5+ Levels of Appeal for Veteran’s Disability Decision .....................................................xi RESTORING CONFIDENCE IN THE VETERANS REVIEW AND APPEAL BOARD ..... 1 Introduction ................................................................................................................ 1 What is the Veterans Review and Appeal Board ....................................................... 2 An Overview of the Review and Appeal Process ....................................................... 5 Stage 1: Veterans Affairs Canada ........................................................................ 5 Stage 2: The Veterans Review and Appeal Board ............................................... 8 Stage 3: Further Procedures for Review and Appeal ........................................... 9 Issues of Concern .................................................................................................... 11 Veterans’ Right to Fairness in the Adjudication Process .......................................... 15 An Independent Tribunal of Experts......................................................................... 23 Enhancing Transparency ......................................................................................... 27 Conclusion ............................................................................................................... 29 LIST OF RECOMMENDATIONS .................................................................................. 33 APPENDIX A : LIST OF WITNESSES .......................................................................... 35 APPENDIX B: LIST OF BRIEFS ................................................................................... 37 REQUEST FOR GOVERNMENT RESPONSE ............................................................. 39 SUPPLEMENTARY OPINION BY THE NEW DEMOCRATIC PARTY OF CANADA.... 41 DISSENTING OPINION OF THE LIBERAL PARTY OF CANADA ................................ 43 vii ORGANIZATIONS APPEARING BEFORE THE COMMITTEE DURING THE STUDY Veterans Affairs VAC is a Government of Canada Department headed by the Minister of Veterans Affairs. Canada (VAC) Its mandate is set out in the Department of Veterans Affairs Act. The Act charges the Minister with responsibilities for "the care, treatment, or re-establishment in civil life of any person who served in the Canadian Forces or merchant navy or in the naval, army or air forces or merchant navies of Her Majesty, of any person who has otherwise engaged in pursuits relating to war, and of any other person designated ... and the care of the dependants or survivors of any person referred to." VAC provides programs and services to over 200,000 clients. In 2011-2012, VAC employed more than 3,500 people. Bureau of Pension VAC’s Bureau of Pensions Advocates (BPA) is mandated to provide free legal advice and Advocates support to veterans who wish to have a departmental decision reviewed or appealed. The (Veterans Affairs BPA consists of 32 lawyers operating from district offices across Canada. It handles an Canada) average of 12,000 cases per year. Office of the The Office of the Veterans Ombudsman states on its web site that it "works to ensure that Veterans veterans, serving members of the Canadian Forces and the Royal Canadian Mounted Ombudsman Police (RCMP), and their families are treated respectfully, in accordance with the Veterans Bill of Rights, and receive the services and benefits that they require in a fair, timely and efficient manner. The Office provides information and referrals, and addresses complaints, emerging and systemic issues related to programs and services provided or administered by Veterans Affairs Canada. The office also addresses systemic issues related to the Veterans Review and Appeal Board.” The Office of the Veterans Ombudsman has a staff of about 40 people. Veterans Review VRAB is a quasi-judicial tribunal that operates independently of Veterans Affairs Canada and Appeal Board (VAC). It provides veterans and other applicants with an independent avenue of appeal (VRAB) regarding disability decisions made by VAC. VRAB consists of 25 permanent board members and a staff of about 85 people. Council of CCAT is a national non-profit organization dedicated to promoting excellence in Canadian administrative justice. It provides a forum for discussion, education, research, and policy Administrative development in the field of administrative justice. It has a 29-member Board of Directors Tribunals (CCAT) which includes current VRAB Chair John Larlee. The CCAT’s membership is made up principally of tribunal members, with current representation from approximately 80 tribunals across Canada. It also has as members senior tribunal staff (registrars, corporate secretaries, researchers and tribunal counsel), as well as external counsel. Royal Canadian The RCMP Veterans' Association promotes the physical, social and economic welfare of Mounted Police former members of the RCMP and their families. The Association ensures, among other (RCMP) Veterans’ things, that retired members are aware of the services offered by VAC and how these Association services can be obtained. ix Royal Canadian RCMP Staff Relations Representative Program is the official labour relations body for Mounted Police members of the RCMP. It represents members on matters that impact their welfare, (Staff Relations including disability and survivor benefits. Currently, the organization has approximately Representative 9,500 clients, of which 3,100 are still serving. Program) Canadian CPVA is a national, all veteran, not-for-profit organization that advocates on behalf of Peacekeeping veterans and provides a forum of comradeship. The Association is open to all veterans. Veterans Current membership range from veterans of the Second World War and the Korean War Association (CPVA) to veterans of peacekeeping missions and the war in Afghanistan. It also includes RCMP and other police veterans. Canadian According to its website, CAVUNP is “the largest association of peacekeeping veterans in Association of Canada.” Its membership consists mostly of retired and serving Canadian military, RCMP
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