Evidence of meeting #5 for Veterans Affairs in the 40th Parliament, 3rd 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

John D. Larlee  Chair, Veterans Review and Appeal Board
Dale Sharkey  Director General, Veterans Review and Appeal Board

11:50 a.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Do you think there is too much subjectivity on the front lines in the regional offices?

11:50 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

Again, Mr. Chair, I don't think that is an answer for me to give, because we receive the file and the decision from the department. In our quasi-judicial capacity of being independent, we take the statement of case from that point and it comes into our schedule and we work on it from there.

11:50 a.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Thank you.

When decisions are overturned, do we take the information that's been learned and incorporate it into a decision-making process going forward? Is there a formal process in the bureaucracy to makes changes as a result of what's been learned?

11:50 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

Are you talking about changes that we make at the board?

11:50 a.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

No, at the regional level. When these decisions are made and later overturned, are the lessons learned in the appeal process later incorporated into the decision-making process at the regional level?

11:50 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

Again, Mr. Chairman, I can't speak for the department. I can only speak for our board, and we speak through our decisions. Therefore, once the department's initial decision has been overturned, our decisions are sent back to the department, and they're dealt with accordingly. How they deal with them can only be in the manner in which they deal...in the future.

11:50 a.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Do you expect there will again be 5,000 decisions or cases next year? I mean, there has to be some learning that is incorporated, some best practices.

Okay, let's just move on from that. You said there were 5,000 decisions made last year and 46% of them were reviewed and 23% on appeal, so that is almost 2,500 cases. I know that Mr. Oliphant asked you specifically whether that was a volume issue or related to dissatisfaction with the lump sum payment. I wasn't clear as to your response.

11:50 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

Mr. Chair, it was a volume issue. There was a bubble. The reason I asked my director general to answer was that it was before I arrived at the board. I realize that I answer for the board now and previously. There was a movement put forward in 2006 to bring the board membership up to full capacity of 29 members, because there had been a backlog. That is now gone.

11:50 a.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

How many claimants actually receive the maximum allowable lump sum payment of $276,000? What percentage of claimants receive the maximum lump sum payment?

11:50 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

That information could be obtained, I believe, but I don't have it with me.

Again, that would be something for the department.

11:50 a.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Is there any recourse following your appeal process? Is there an opportunity for dissatisfied claimants to go to Federal Court?

11:50 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

That's correct, yes. They can go for judicial review and they also have the opportunity to request a reconsideration before the board prior to going to Federal Court. That reconsideration involves their case coming back before the board to determine whether there has been an error of fact or law.

11:50 a.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

What are the most common reasons a case would be declined or denied?

11:50 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

Each case, Mr. Chair, has to be determined on its merits. Therefore, each case is looked at very carefully in order to provide the maximum available benefit to the veteran, and that's how we proceed. We will continue in the future to provide the veteran with the maximum we can.

11:55 a.m.

Conservative

The Chair Conservative David Sweet

Thank you very much, Madam Crombie and Mr. Larlee.

Just to confirm for members, because we've had a lot of questions about this, a veteran can make three attempts--review, appeal, and reconsideration--prior to Federal Court. Is that correct?

11:55 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

That's correct, sir.

11:55 a.m.

Conservative

The Chair Conservative David Sweet

Thank you.

We'll go on to the Conservative Party for five minutes.

Go ahead, Mr. McColeman.

March 30th, 2010 / 11:55 a.m.

Conservative

Phil McColeman Conservative Brant, ON

Thank you, Mr. Chair.

I would like to thank both you, Mr. Larlee, and Ms. Sharkey, for being here today to answer our questions about this arm's-length organization.

You mentioned in the previous answer, and I want to pick up on it, that there was a backlog. I would just note that prior to the Conservative government taking office in 2006, there were many vacancies on this board. This was an irresponsible policy of the Liberal government prior to us. It was corrected by us. We took the lead and made sure that these positions were filled.

Can you discuss for the committee the strides you've made in decreasing this backlog?

11:55 a.m.

Chair, Veterans Review and Appeal Board

John D. Larlee

The backlog addressed in 2006-07 was a result of a buildup of cases. The full complement of 29 board members, as permitted under the legislation, took the task of crossing the country and making sure that those cases were addressed.

Not only were numerous cases heard, I believe as many as 7,000 decisions or more were rendered in the fiscal year 2007-08. So an effort was made to bring the number of cases to a manageable workload, which is what we have now. We have no backlog.

11:55 a.m.

Conservative

Phil McColeman Conservative Brant, ON

I'd like to comment on that. I really appreciate, first of all, the work your committee members do for the veterans and for the process of making sure that we get it right for veterans.

Not always is it an easy task for an individual who is appointed to fill these responsibilities, because they are heavy responsibilities. I want to thank your members for the work they've done, especially in clearing up that large backlog, and for taking the time to do what they've done, which was go across the country and make sure that veterans were taken care of.

I also want to pick up on a comment--I like the road Mr. Stoffer was going down--about efficiencies and what I would call red tape. So often we experience, at least in my riding, people being frustrated by the process of dealing with government programs that seemingly tend to grow, become more complex, and become more laden with requirements and forms that need to be filled out. We hear it every day of the week in my constituency office. It is, to a large extent, my staff simplifying issues for people.

I'm sure this has been an issue all along the line. I think that streamlining administrative red tape is an area for future governments to concentrate on; I'll put it like that.

From your vantage point on this board, have you been directly or indirectly involved in how this issue--reducing red tape, if you will, and making sure that issues are handled on a timely basis--is being addressed in your area of dealing with veterans?

Noon

Chair, Veterans Review and Appeal Board

John D. Larlee

Yes. What the board has done, and I think it has taken the lead, is that when we deal with cases as they come to the board at the first level, we have gone to technology to make the documentation for the parties. Those would be the pension advocate and the board members that hear the case. We've used technology to speed up that process by making that all available, in real time, to everyone.

We've made great strides in decreasing the amount of time it takes from the time they file and it enters the board, over which we have control, to the time of the review hearing and the decision being rendered.

Noon

Conservative

Phil McColeman Conservative Brant, ON

That's excellent.

Do I have more time?

Noon

Conservative

The Chair Conservative David Sweet

You'll have to be very brief.

Noon

Conservative

Phil McColeman Conservative Brant, ON

I've finished, then, Mr. Chair.

Noon

Conservative

The Chair Conservative David Sweet

Okay. Thank you.

Monsieur André, vous avez cinq minutes.