Members of the Veterans Review and Appeal Board
Members:
The role of the Members
is to weigh all the evidence presented in any case and
to render a decision bearing in mind the requirements to resolve any doubt
as to
whether or not the appellant has established a case. It is of the utmost
importance that at each level the appellant be given the reasons for the
decision.
Members read, analyse
and interpret large volumes of information, including
medical reports, legal documents, service records and affidavits to identify
the
relevant issues in the case, determine the Board's jurisdiction to hear the
claim and prepare for hearings.
Hearings are held to provide
clients and their representatives with the
opportunity to present additional evidence and arguments in support of the
case.
It is the responsibility of the Member to ensure procedural fairness in the
conduct of hearings, regardless of the circumstances.
Members of the Veterans
Review and Appeal Board sit on two levels of appeal
panels: Review and Appeal. Review hearings are held across the country and
appellants may appear and give oral testimony at the time of the hearing.
It is
the duty of the Members of the panel, usually two, to adjudicate based on
all
the evidence in the case, including the appellant's sworn testimony. If a
Review panel of two Member's disagree on a decision, the decision most
favourable to the appellant will be the decision of the Board.
Presiding Member - Review and Appeal Panels:
For each Review or Appeal
hearing, one of the Members is designated as the
"Presiding Member". His/her main responsibility is to control all
aspects of
the hearing process in addition to the duties incumbent upon all Board Members
during a hearing.
For the most part, Appeal
hearings are held in Charlottetown. Many Appeal
hearings are held by video conference. Usually three Members constitute a
panel
for hearing Appeal cases. A decision of the majority of Members of an Appeal
panel is a decision of the Board and is final and binding.
