Evidence of meeting #3 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.

On the agenda

MPs speaking

Also speaking

Victor Marchand  Chair, Veterans Review and Appeal Board
Dale Sharkey  Director General, Veterans Review and Appeal Board

4:35 p.m.

Liberal

Roger Valley Liberal Kenora, ON

Thank you.

I only made that crack about lawyers because you opened the door.

4:35 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

I know. I am sorry. I shouldn't have.

4:35 p.m.

Liberal

Roger Valley Liberal Kenora, ON

You mentioned something that intrigued me with the appeals, which happen only in Charlottetown. Where I come from, we are hundreds of miles from any military base, so the people I see are Second World War and Korean War vets. Quite often, they are getting to be elderly.

So we know now through your presentation—and thank you for that—that the appeals are held only in Charlottetown, and they can attend at their own cost.

I think it was Ms. Sharkey's information that you work with representatives in 34 different cities. I am wondering if there has been any thought to holding the appeal back in the community where it is convenient and at a scheduling time that's convenient.

I congratulate you on your efforts to get a decision made within 30 days, but these people in my riding tend to be elderly. They may not have the means to get to Charlottetown when they want, and perhaps the way I should put it is that they do not have faith in the system.

Regardless of all the good work you do, they can't get to Charlottetown. They can't be part of the appeal, and they don't understand that.

Has there been any thought to lengthening the time if the appellant wants to attend, so that you can get to the community that's convenient to him or her? With 35 locations across Canada, there would probably be one that is fairly close to the individual in question.

4:40 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

Yes, there has been thought given to that. But logistically, it is extremely complex and it would also be extremely expensive.

One avenue for the persons who can't travel to Charlottetown is to listen in on the presentation being made by the advocate. The second avenue is to make sure they get a copy of the written submission. On appeal, everything the lawyer does is written down so the individual can know what is being presented in his name.

There are some appeal hearings that are done in locations other than Charlottetown, but unfortunately that is exceptional.

I think the important hearing—the crucial one—is the review hearing at which the vet can testify and tell his story to the board members. That is the important one.

The appeal hearing is often very technical and can be put down on paper from an argumentative point of view. In any event, by law, the veteran can't testify at the appeal hearing. From a judicial point of view, the usefulness of his presence is relatively limited.

4:40 p.m.

Liberal

Roger Valley Liberal Kenora, ON

I understand that, but it's difficult to make that aging veteran understand that issue.

4:40 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

I know it is.

4:40 p.m.

Liberal

Roger Valley Liberal Kenora, ON

I do have one quite important question I want to ask you, but very quickly. What I've heard, and I'm not saying it's fair in any way, is that they go to the appeal and a decision is rendered very quickly. They're dealing with government here and they're worried that the government takes forever. Your department does its job, they get a negative answer back within 30 days, and they say the government didn't even take the time to listen to them. I'm simply passing that on to you. That's what we face when we face them in our constituencies. It may not be fair, but that's what they think, because they automatically think government is going to be slow.

But my question that I want to get time for you to answer is, with your knowledge and background and your understanding of the situation of how the board works and why it works, do you ever get to make recommendations on how you're going to streamline this out of the department? Did I miss that in the submission somewhere? You made a very good point that you're separate from the department.

4:40 p.m.

Chair, Veterans Review and Appeal Board

4:40 p.m.

Liberal

Roger Valley Liberal Kenora, ON

But do you get input into the department to change? Have the dynamics changed from the issue decades ago of Agent Orange to new issues that we face in modern warfare right now? Do you actually get input into how to make these changes so we don't have so many appeals?

4:40 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

The only thing I should do, and I do, is try to influence the quality of the work that comes to the board for review. That I can surely participate in and have made recommendations to the department. I need a good file. I need a good first-level decision. I can work better that way: “This is what I suggest you do”, and the department can do it or not. I can only recommend things that would facilitate the job of the board.

4:40 p.m.

Liberal

Roger Valley Liberal Kenora, ON

Thank you.

4:40 p.m.

Conservative

The Chair Conservative Rob Anders

Thank you very much.

Mr. Gaudet.

4:40 p.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

Thank you, Mr. Chairman.

I would like you to explain what you do. I am a new member of the Standing Committee on Veterans Affairs...

4:40 p.m.

Bloc

Gilles-A. Perron Bloc Rivière-des-Mille-Îles, QC

Even though you're old!

4:40 p.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

Even though I'm old.

I would like to know what you do. It seems you handle 8 000 cases a year. You have a staff of 80 and you adjudicate some 6 380 claims. Tell me what you do; it intrigues me.

4:40 p.m.

Chair, Veterans Review and Appeal Board

4:40 p.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

You say a World War I veteran came back to see you. It sounds like there is a problem.

4:40 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

I don't believe there are any more World War I veterans.

4:40 p.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

I hope so, but there must be a number of World War II veterans left. And there has to be a problem if they need to come back to the Board five or ten times. There are no criteria in place.

This reminds me of the young man who returned from the war missing both his legs. That must be an easy case to adjudicate.

4:40 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

To be perfectly frank, I'd say we rarely see such cases.

4:40 p.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

What cases do you see? Can you name some of them?

4:40 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

I can give you examples. We see claims from World War II veterans, claims for...

4:40 p.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

What kind of claims? That's what I want to know.

4:40 p.m.

Chair, Veterans Review and Appeal Board

Victor Marchand

Most claims deal with orthopedic problems involving the knees, the back, ankles or shoulders. Then there are claims that relate to psychological or psychiatric problems associated with their injuries, or post-traumatic stress syndrome. That is the second major category. Finally, there are claims filed for illnesses linked to overuse of the muscles, soft tissue, or for illnesses that people have contracted.

4:45 p.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

And what are they asking for?