Disability Pensions – Introduction

Veterans Affairs Disability Pension Program

• Introduction
• Determining Eligibility
• Pension Decision
  • Authority to Release Medical/Service Information Form
  • Medical Questionnaires
  • Disability Pension Application Form
• Prisoner of War Compensation
• Special Allowances
• Surviving Dependant Benefits
• Other Pension-related Services & Benefits
• Review & Appeal
• 2006 Rates (CF Activities)

Introduction

You may qualify for a disability pension if you have a medical disability that is related to your service and you are:

• a Canadian Forces (CF) Veteran or a Merchant Navy Veteran of the First or Second World War or the Korean War;
• a current or former member of the Regular or Reserve Force; or
• a civilian who served in close support of the Armed Forces during wartime.

Additional benefits may be awarded if you are a disability pensioner who has a spouse/common-law partner or other qualified dependants.

The Pension Act provides coverage under two principles:

• the Insurance Principle which provides for pension coverage 24 hours a day for war time or SDA service; OR
• the Compensation Principle which provides pension coverage for disability or death which was directly related to, or permanently worsened by peacetime, non-SDA, service factors or events;

Determining Eligibility - The Process

How to apply

• Obtain and complete a VAC disability pension application.

Where to apply

• Veterans Affairs Canada
• A veterans' organization such as The Royal Canadian Legion.

What information you supply

• Name, address and telephone number;
• Service number(s);
• A current medical diagnosis of the condition(s) for which you are claiming a disability pension;
• Medical reports from civilian doctors (if applicable); and,
• A statement outlining what you perceive to be the cause of your disability and how you relate it to military service.

Who will help you

• A VAC Pension Officer;
• A Service Officer of the Royal Canadian Legion or a representative of another veterans' organization.

How they assist

• VAC staff or Royal Canadian Service Officers will order and review your service documents, including medical documents, from DND and Public Archives to find evidence to support your application - including a report of injuries (if applicable);
• Submit your claim to VAC Head Office for adjudication.

Once your application is submitted, a VAC Pension Adjudicator will

• Review your pension application and accompanying documentation;
• Rule on your eligibility for pension entitlement and the assessment of your disability
• Mail you the decision.

Pension Decision

Pension Entitlement is

• Based solely on the relationship between service and disability;
• Awarded in fifths: from one-fifth (1/5), if service played only a minimal part in the cause or worsening of the disability, to five fifths (5/5) if the disability was incurred during, or was caused in its entirety by military service;
• Entitlement may also be awarded for a disability which is a consequence of a pensioned service-related disability.
• Guided by Entitlement Eligibility Guidelines, policy statements used in determining the relationship of your medical condition or disability to military service.

Entitlement Eligibility Guidelines

Thirty-five Entitlement Eligibility Guidelines were implemented on May 1, 2002 addressing approximately 50 commonly claimed medical disabilities. Two additional Entitlement Eligibility Guidelines have been implemented on April 1, 2006. The Entitlement Eligibility Guidelines are now available for viewing. These Entitlement Eligibility Guidelines replaced portions of the Medical Guidelines publication. The only medical guidelines, within the current Medical Guideline publication, that are still in effect, are those guidelines for which there are no released EEGs.

Frequently Asked Questions: Entitlement Eligibility Guidelines

A number of additional Entitlement Eligibility Guidelines covering various medical disabilities are under development.

Assessment of Disability

• Relates to the level and the extent of the disability;
• Established by the information provided with the application; where information is insufficient, a medical examination is arranged with a VAC doctor;
• Ranges between 0% and 100%;
• Based on VAC's Table of Disabilities to ensure similar assessments are awarded for similar disabilities.
• VAC's Table of Disabilities is presently being revised.

Medical Questionnaires

The Medical Questionnaires have been developed to complement the revised Table of Disabilities. Health care providers complete only the medical questionnaire sections relevant to the claimed entitled condition(s).

Although the medical questionnaires have been developed to be utilized with the future TOD revision, the revised medical questionnaires can be utilized with the current table for assessment determination.

The provided medical information represents a composition of the Veteran's/members current disability and is utilized, along with other pertinent submitted medical information, to determine the medical impairment and ultimatley the Disability Assessment, which includes the quality of life".

Pension Payable

The pensionable assessment, which is determined by multiplying the entitlement (1/5 to 5/5) by the assessment (1% to 100%), determines the rate of pension payable, e.g. 3/5 x 25%=15% pension. When there is more than one pensioned disability, the assessments are combined:

• between 1% and 4% results in:
  • a one-time lump-sum payment - there is no monthly pension.
• 5% or more results in:
  1. payment of a monthly pension which is indexed annually on January 1st;
  2. an additional sum paid to the disability pensioner on behalf of:
     1. a spouse/common-law partner, but not a former spouse/former common-law partner;
     2. children under age 18, or between 18 and 25 if studying full-time, or if incapacitated;
     3. some restrictions apply.
• Pension payments awarded under the Pension Act are tax-free.

Prisoner of War Compensation

A veteran of the Canadian Forces, or Canadian merchant mariner, who was a prisoner of war for 30 days or more, or who evaded capture or escaped from the enemy for 30 days or more, may be entitled to compensation under the Pension Act. Compensation may also be paid to members of Allied Forces who were domiciled in Canada or Newfoundland at the time of enlistment in the First or Second World War, and to some civilians who served in support of the Canadian Forces.

The term "prisoner of war" now also includes those who were interned in a neutral country designated as enemy-occupied territory. Algeria and Tunisia are among areas designated in this way. Additional compensation for a spouse/common-law partner and dependants, similar to that awarded for a disability pension, is also available. A prisoner of war is entitled, on application, to basic compensation equal to:

1. In respect of any period spent as a prisoner of war to Japan:
   • 5% of basic pension, where that person was a prisoner for periods totaling at least 30 days but not more than 88 days;
   • 20% of basic pension, where that person was a prisoner for periods totaling at least 89 days but not more than 364 days;
   • 50% of basic pension, where that person was a prisoner for periods totaling at least 365 days
2. In respect of any period spent as a prisoner of war of another power:
   • 5% of basic pension, where that person was a prisoner for periods totaling at least 30 days but not more than 88 days;
   • 10% of basic pension, where that person was a prisoner for periods totaling at least 89 days but not more than 545 days;
   • 15% of basic pension, where that person was a prisoner for periods totaling at least 546 days but not more than 910 days;
   • 30% of basic pension, where that person was a prisoner for periods totaling at least 911 days but not more than 1,275 days;
   • 35% of basic pension, where that person was a prisoner for periods totaling at least 1,276 days but not more than 1,641 days;
   • 40% of basic pension, where that person was a prisoner for periods totaling at least 1,642.
3. Former prisoners of war are also entitled to receive special awards of attendance allowance or exceptional incapacity allowance provided that they meet the eligibility criteria.

You may apply for prisoner of war compensation by contacting Veterans Affairs Canada.

Special Allowances

Exceptional incapacity allowance

An additional monthly allowance is provided to pensioners who are exceptionally incapacitated in whole or in part by their pensioned disability. The amount of the allowance is based on the extent of the helplessness, pain, loss of enjoyment of life and shortened life expectancy of the pensioner.

Attendance Allowance

Attendance Allowance is available to a pensioner who has a disability assessed at 1% or more and/or is receiving prisoner of war compensation. The pensioner must also be totally disabled and in need of attendance due to his or her physical or mental state. The amount is based on the degree of attendance needed in the day-to-day personal care of the pensioner.

Clothing allowance

Pensioners who are amputees, wear special appliances, require specially-made clothing or who suffer from a pensionable disability which causes them to soil their clothing excessively, may receive an additional monthly allowance to purchase special clothing.

Surviving Dependant Benefits

Surviving Spouse/Surviving Commom-law Partner

When a disability pensioner dies, the survivor may receive, for a period of one year, the same pension and / or POW compensation amount (including Attendance Allowance and Exceptional Incapacity Allowance, if applicable) being paid to the pensioner at the time of death. After one year, a survivor's pension will automatically be paid.

If a pensioner was receiving a pension paid at a rate of 48% or greater, the survivor is entitled to a full survivor's pension (which is equal to three-quarters of the basic pension paid to a single pensioner at the 100% rate). If a pensioner was receiving a pension paid between the 5% and 47% rate, the survivor is entitled to a proportionate survivor's pension (which is equal to one-half the disability pension in payment at the time of the pensioner's death).

Surviving spouses/surviving commom-law partners who remarry will continue to receive survivor benefits.

Children

Surviving children may be eligible to receive orphan benefits following a pensioner's death.

Education Assistance Program

The Education Assistance Program provides post-secondary education assistance to those children of deceased Veterans or Canadian Forces members who have died as a result of military service or who were pensioned at 48% or greater at the time of death. Assistance may be provided for four years or 36 academic months, whichever is less. Qualified clients must enter the program before they are 25 and assistance cannot be extended beyond the year in which they turn 30.

Parents and Siblings

If the deceased pensioner had been supporting parents, brothers or sisters who are now without adequate means of support, these dependants may be awarded a pension. Awards of this nature are discretionary and are based on the circumstances of each case.

Other Pension-related Services and Benefits

Eligible applicants may also receive:

• Counselling, assessment and referral services;
• Legal assistance with appeals.
• Treatment Benefits

Review and Appeal

If you are not satisfied with the pension decision received, you may request a departmental review - if you can provide new evidence to support your application.

You also have the right to request a review hearing before the Veterans Review and Appeal Board (VRAB) - without new evidence. VRAB is an independent body which hears appeals when pension claimants are not satisfied with decisions made by the Department.

The Bureau of Pensions Advocates provides free legal assistance to any person who wants to appeal a decision before a review or appeal panel. The Bureau has offices across Canada staffed by experienced lawyers who have the responsibility to represent applicants before (VRAB) panels. Veterans' organizations such as the Royal Canadian Legion also provide assistance, free of charge, in preparing appeals. Hearings are held across the country and applicants are given the right to appear before the Board and provide evidence in person or via video-conferencing.