Thank you, Bernard, Mr. Chair, and committee members.
As Bernard said, my name is Rick Christopher. I'm the director of program management at Veterans Affairs Canada, or VAC. My role is to oversee management of the department's disability benefits programs.
Today I'm going to describe for the committee the process that a disability benefit application goes through. I'm going to talk about the support systems in place at each stage of the process, as well as the legislated authorities the department uses as a basis for decision making. I'm going to speak about our own redress mechanisms, including some of the statistics, and finish off at a point where the disability benefit decision could potentially make its way before the Veterans Review and Appeal Board.
I'm going to start with a brief description of the disability benefit application process. When a veteran, serving member, or RCMP member believes that they have a service-related disability, they must first submit a formal application to the department. This application can be found online, at VAC offices, or any of the 600 Service Canada locations across the country.
VAC's authority to provide disability benefits is found in the Pension Act and the Canadian Forces Members and Veterans Re-establishment and Compensation Act, commonly referred to as the new Veterans Charter.
There are two criteria that a veteran, Canadian Forces member, or RCMP member must meet in order to receive a disability benefit, which are essentially that they suffer from a disability and that the disability be related to their service. Evidence that an applicant meets these two criteria is often a combination of medical documentation, military service records, and testimonials from colleagues, commanding officers, or others.
Support is available through the department's team of disability benefit officers who work in area offices across the country. These are individuals who work one-on-one with the applicant to ensure that his or her claim is as complete as possible before it is submitted. This can include a gathering of service records from DND and health records from health care providers.
I'd also be remiss if I didn't note that an applicant can get help with completing the application from the Royal Canadian Legion or other veterans' organizations. Service Canada can also review application forms to ensure that they are completed appropriately before they are forwarded to Veterans Affairs for adjudication.
The next step, once an application is completed and submitted, is to assign it to one of our 46 trained disability adjudicators.
These adjudicators assess the information against a predetermined set of criteria laid out within authorizing legislation to determine whether the individual is entitled to disability benefits. These decisions are based on the merits of the case and the weight of the evidence. However, in the absence of compelling evidence to the contrary, the benefit of the doubt always flows in favour of the applicant.
The benefit of the doubt is applied when there is an equal amount of supporting and non-supporting evidence. This means that in those cases, the decision is made in favour of the veteran.
Once entitlement is established, an assessment is made as to the extent of the disability, based on the degree to which the condition impacts health and quality of life. Assessments are made according to the table of disabilities. It's one of a suite of tools that ensure effective and consistent decision-making. With entitlement and eligibility guidelines and the table of disabilities, the adjudicator is provided with a well-defined evidence-based system with which to make decisions.
Once the assessment is completed, a monthly or lump sum payment is processed.
Decisions are communicated to veterans in writing. Our decision letters have already improved—15 of our high-volume disability benefits letters have been redesigned, reworded in plain language, and are already being used. That will benefit approximately 19,000 clients this year. We continue to improve our efforts in terms of plain language by cutting red tape and reducing complexity.
I will now speak about redress measures.
As I mentioned earlier, both favourable and unfavourable decisions are communicated by letter. The letter outlines the reasons for decision, redress rights, possible next steps and the support available for exercising these rights. Veterans who are dissatisfied with a decision of the department have two options available to them.
One of those options is a departmental review. When a departmental review is requested, a new adjudicator is assigned to the case to ensure a fresh set of eyes and to avoid any bias in the process.
Departmental reviews can be triggered in two ways. Either an error in fact or law is found, or there is new evidence to be considered. The departmental review can be requested by the applicant or be initiated by the department itself.
The second option is that the applicant may wish to forgo the departmental review process and proceed directly to the Veterans Review and Appeal Board. In these cases the final decision-making authority is permanently removed from the department. This means that in the event of an unfavourable decision at the VRAB level, the individual may not re-enter the departmental review process, as the department would no longer hold jurisdictional authority.
Leading up to the review or appeal by the VRAB, the department provides access to legal advice from an advocate in our Bureau of Pensions Advocates. The Bureau of Pensions Advocates is a unique nationwide organization of lawyers within Veterans Affairs Canada. The bureau provides free legal help for veterans who are not satisfied with the decisions about their claims for disability benefits. All advocates at the BPA are experienced in disability benefit matters. They are considered specialists in the area of claims for disability benefits. The solicitor-client privilege relationship between the veteran and the advocate ensures privacy is fully protected.
The bureau is very active in outreach programs that provide information and education to stakeholders. The BPA represents between 90% and 95% of veterans who appear before the Veterans Review and Appeal Board. The remainder choose to represent themselves, acquire private counsel, or seek representation from the Royal Canadian Legion or others.
That concludes the portion leading up to the point where an appeal or review before the VRAB would start.
I'm going to read a few statistics into the record.
In 2011-12, total expenditures for disability pensions and awards were $2.05 billion. Annually, we process more than 20,000 first applications for disability benefits. VAC has a service standard for first disability benefit applications being processed within 16 weeks 80% of the time. We are currently standing at 83%. I'm also pleased to advise that in fiscal year 2011-12, 73% of total applications reviewed were assessed as favourable and a payment schedule was initiated. The turnaround service standard for departmental reviews is 12 weeks 80% of the time. Last fiscal year, there were 2,213 departmental reviews conducted, 81% of which were completed within the 12-week window.
We're continuing to work to improve processing times and programs while cutting red tape and reducing program and policy complexity. I understand that my colleague, Maureen Sinnott, will be appearing later this week, and she'll speak to you about some of those.
I'll stop there, as I understand that Mr. Larlee and his associates from the Veterans Review and Appeal Board will be called upon shortly to provide their own briefing.
This concludes my briefing. Bernard and I are open to any questions that you might have.
