The Veterans Review and Appeal Board advises that it adjudicated over 49,000 cases in the past five years and does not track the nature of the evidence presented in support of claims. As such, the board cannot respond with certainty about what evidence may or may not have been given to the board in the course of a specific appeal. Recently a case where there was some evidence concerning the drug mefloquine on file was the subject of a federal court judicial review. The federal court referred the case back to the board to be redecided in accordance with the instruction of the court on how the board must interpret the pension Act. The only issue before the board was an issue of statutory interpretation. No additional evidence was necessary in order to render a fully favourable decision. The appellant's representative was advised of this and a decision was issued.
The board obeyed the directions of the federal court. At three hearings before this board and the former Canadian Pension Commission and one hearing before the federal court, this appelant was represented by lawyers from the Bureau of Pensions Advocates. The appelant, who at all stages had legal counsel, decided what evidence to place before the board in support of the claim.