Evidence of meeting #26 for Veterans Affairs in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was board.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Victor Marchand  Chair, Veterans Review and Appeal Board
Laura Kell  Legal Advisor, Veterans Review and Appeal Board

9:40 a.m.

Bloc

Jean-Yves Roy Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Thank you, Mr. Chairman.

After listening to your presentation, sir, I have a question. You stated that since 1995, a total of 100,000 appeals have been filed.

9:45 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

A total of 102,000.

9:45 a.m.

Bloc

Jean-Yves Roy Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

A total of 102,000.

9:45 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

That's the number of decisions that have been handed down.

9:45 a.m.

Bloc

Jean-Yves Roy Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

You mean 100,000 decisions, not appeals.

February 15th, 2007 / 9:45 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

Correct. The number of appeals filed is probably in the range of 200,000.

9:45 a.m.

Bloc

Jean-Yves Roy Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

So then, 200,000 appeals have been filed.

Is there anything unusual about the high number of appeals? That's the question I was getting at.

9:45 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

It's a reflection of the way in which the system was designed. Since the First World War, veterans have always had an appeals process to which they could turn.

9:45 a.m.

Bloc

Jean-Yves Roy Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

What strikes me is that decisions seem to be appealed almost automatically.

9:45 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

The appeals process is automatic because it costs nothing to the veteran and they have access to lawyers to help them prepare their case. Naturally, when all of these services are available, a person will take advantage of them. That's always been the case.

9:45 a.m.

Bloc

Jean-Yves Roy Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

That's not the point here. If a person is satisfied with the initial decision handed down—excuse me for being so blunt—then he certainly will not file an appeal. This means that veterans are totally dissatisfied with the initial decisions handed down by the Board.

9:45 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

That's not so. The system in place is one based on entitlement. A person may contact the department, but may not be able to justify his request. That person must provide some proof in order to receive a service. Obviously, the person must be a veteran, an incident must have taken place to cause his disability and that incident must have occurred while he was on duty. In others words, the request must be backed up by supporting evidence.

Occasionally, people do not come prepared with all of the documents they need to support their application for a disability pension. Between 60% and 70-% of applications are accepted right way. In the remaining 30% of cases, some proof is lacking, either a medical report or account confirming that the disability is the result of an accident or incident that occurred in the line of duty. These veterans then turn to us and ultimately get a hearing before the Board and an opportunity to present their case.

From this point onward, the system becomes considerably more sophisticated. An independent member examines the evidence, weighs the credibility of the testimony—because by law, the veteran must be given the benefit of the doubt—and then grants, or denies a pension based on the evidence adduced. The success rate at this stage if 60%. The next stage, the final stage, is the appeals process. The current success rate at this level is approximately 30%. Basically, we're working with a system that has been around for 90 years, one that involves the department and the appeals process.

If you consider the overall structure and if you compare Veterans Affairs to other agencies that award compensation for bodily injury, you have to admit that the system in place at Veterans Affairs is working. In the final analysis, perhaps 10% or 15% of applicants fail to obtain anything. One has to look at the overall system and ask if it works well and if the veteran benefits. In my opinion, the system does work. It is sometimes slow, but occasionally, we need to stirs things up a little.

9:50 a.m.

Conservative

The Chair Conservative Rob Anders

Since there are only three seconds left, I think we'll move on to the next round. I'm sorry.

Thank you very much.

Now it's on to Mr. Sweet, for five minutes.

9:50 a.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Thank you, Mr. Chairman.

Thank you, Mr. Marchand, for giving us some very cogent and concise answers. I'd ask for a couple of concise ones, because I want to verify some things.

I remember your testimony the last time you were here quite well, and some of the questions that were asked. I think you probably left here feeling that there was significant concern in this committee to make sure the board was fully staffed so that you could serve the veterans.

I was trying to do some math while you were answering. Is it correct that 11 appointments have been made during this session of the 39th Parliament?

9:50 a.m.

Chair, Veterans Review and Appeal Board

9:50 a.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

And of those 11, how many were appointed since May, when I would assume you left here feeling impressed, after your visit, that we wanted to see people on the board?

9:50 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

There were two in June, three in the fall, so it's eleven after May.

9:50 a.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Eleven after May? Thank you very much for taking action.

Could you tell me, since 2004 when you set up the screening process, have you changed it at all?

9:50 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

No. The criteria are efficient. They're producing the type of candidate we want to see, want to test, want to interview, and whom we want to put on the list.

9:50 a.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

So the process has remained the same consistently since 2004. You've basically acted upon the push you got here from the committee, and now the board is almost at a peak of functioning.

Did you say you have 27 right now?

9:50 a.m.

Chair, Veterans Review and Appeal Board

9:50 a.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

And you would like to get to 30.

Are you okay to get to the 30, even though the legislation says 29?

9:50 a.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

Yes, because then it's 29 permanent members—that's three-year terms or more. There is an unlimited number of temps.

9:50 a.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

In making the 500 more decisions that you made, I take it you asked each veteran who was coming before the board whether it was acceptable to them to be heard by a single member.

9:50 a.m.

Chair, Veterans Review and Appeal Board