DEC and CIA

[CampCricket]

Another question would be:
I have one year reserve class C for which I paid pension back and 20 years reg force. I reqd for CIA and supplement eligibility that career less than 25 years but also read from many 20 year career. Which is it?
I am DEC and 93% disabled dual client.

How many years did you serve in the reserves? VAC counted all my class A, B, and C time the same in regards to CIA. From my understanding the 20 years is for those under the old veterans charter and 25 is for those that are under the new veterans charter. I'm not sure how it works for those that have VAC pension conditions under both. All my VAC claims were filed after 2006 so all my decisions fall under the NVC - hence 25 year bench mark is used for me (even though I enrolled in the 90s).

Also, from their decision letter when the PIA changed to CIA - I was told that I didn't meet the criteria for an increase in grade level as I had more than 20 years (my years of service was 25 years of CF time but actually 12 years of pensionable service - VAC went with my CF time). So from that letter - it would appear that VAC stops counting after 20 years of CF service in regards to grade levels on CIA). I will be curious to find out if they use the same criteria under the new changes that are coming out in APril of 2019 - and how the 1% for each year short of 25 years will work out... will the actually use pensioned time or service time? Communication from VAC to me has indicated that they are currently working that out and acknowledge that there is a problem those serving in other government departments, the reserves, those that took special leave... etc - that are penalized under the current program - and so they will let me know closer to April of next year how this other types of service and leave will impact the calculation.

I hope this helps.

 

[Teager]

I received this e-mail from VAC today in response to concerns and confusion around having the CIA Supplement and grade levels once the PFL kicks in.

Thank you for your review and comments on the proposed regulatory amendments to support the Pension for Life benefit package. I hope the additional information below helps to answer your questions.



No Veterans in receipt of the CIA Supplement will receive less than this amount. the amount(s) of Earnings Loss Benefit, Retirement Income Security Benefit, and Career Impact Allowance Supplement a veteran is eligible for before offsets, prior to the implementation of the Income Replacement Benefit are being protected on the coming into force, and will be annually indexed.



With respect to grade levels, individuals who are in receipt of CIA before April 1, 2019 will automatically transition into APSC at the same grade level they were receiving for CIA. For this group, they will remain at this deemed grade level, even if they should have been reassessed at a lower grade due to earnings capacity impacts no longer being considered under the APSC. In other words, the grade level for this group will be protected for as long as the Veteran continues to receive the benefit. While the concept of "grade level" will not appear in legislation, this protection is nonetheless set out in the transitional provisions relating to the APSC in Bill C-74 as subsection 133(4). Note that while the grade level for these Veterans will never be decreased, they will still have the right to a higher grade level if their condition worsens.



I hope this information helps to clarify some of your concerns.

Respectfully,

Director, Cabinet Business Unit

Veterans Affairs Canada

 

[Amos]

How many years did you serve in the reserves? VAC counted all my class A, B, and C time the same in regards to CIA. From my understanding the 20 years is for those under the old veterans charter and 25 is for those that are under the new veterans charter. I'm not sure how it works for those that have VAC pension conditions under both. All my VAC claims were filed after 2006 so all my decisions fall under the NVC - hence 25 year bench mark is used for me (even though I enrolled in the 90s).

I only had 1 year of C class (ytep) and 20 years reg force.

 

[upandatom]

Right, reassessments.
I'm at 93% right now. what's the cut-off for no more reassessment?
have a couple more claims to put in yet.
This new PFL is not looking good at all.

Im Fighting with them now about it

Im 102%, wont receive more money over 100%,

Here's the weird part

If you have a reassessment, and favorable, you get paid the amount for that year,
So its now 365400, and my original assessment was in 2016, so two years changes, plus the one in april.

Official wording

Disability Awards are paid at the current rate in the year for
which the award was granted. If the same condition was reassessed
at a later time and the assessment increased, you would receive
the increase at the new rate for that year.



But,
Always make sure you get an appropriate representation of your Disability level, over 100% or not.
For CIA, it matters, mental ability and physical. So if you go to grade 1 due to Mental, and another physical claim or amount makes you eligible for grade 2 for having both.

 

[Amos]

Im Fighting with them now about it

Im 102%, wont receive more money over 100%,

Here's the weird part

If you have a reassessment, and favorable, you get paid the amount for that year,
So its now 365400, and my original assessment was in 2016, so two years changes, plus the one in april.

Official wording

Disability Awards are paid at the current rate in the year for
which the award was granted. If the same condition was reassessed
at a later time and the assessment increased, you would receive
the increase at the new rate for that year.



But,
Always make sure you get an appropriate representation of your Disability level, over 100% or not.
For CIA, it matters, mental ability and physical. So if you go to grade 1 due to Mental, and another physical claim or amount makes you eligible for grade 2 for having both.

I’m 54% physical under veteran disability and 39% for ptsd under NVC. I have 21 years in. I have no idea where this will go.

 

[Amos]

CIA and supplement approved. Level 3 as expected.  Are payments backdated to application date? 
What are withholds in financial benefits? taxes?

 

[Teager]

CIA and supplement approved. Level 3 as expected.  Are payments backdated to application date? 
What are withholds in financial benefits? taxes?

Yes, it is back dated to date of application. Withholds are the taxes. You will be able to see it all in my VAC Account once they plug it in.

 

[Amos]

Yes, it is back dated to date of application. Withholds are the taxes. You will be able to see it all in my VAC Account once they plug it in.

It's in myvac account but didn't understand withholds.  Got it now.  The other thing, I don't see a back pay, it should come soon I guess. But I do see added CIA and Supplement for next month.

As for next year, we won't loose the supplement and these won't be taxable if I understand well? 

Thanks

 

[Teager]

CIA won't be taxable but the supplement still will.

 

[Amos]

Thanks for info

 

[Teager]

No problem. Also review my reply #21 on page 1 which is an e-mail from VAC explaining the what and how for CIA and supplement come April.

 

[dunlop303]

I'm trying to get the appropriate benefits I. Place, and more importantly at the proper grades. I receive the CIA but at the lowest level although I have 100% rated disability via VAC. I submitted a reassessment request, and requesting the supplement. I have your refusal physical IED blasts (twice) I injuries - Spine, Pelvis ect / then the more complex stuff: Traumatic Brain Injury  , brain matter tears ect, then of course PTSD.

Unemployed frequently and currently due to my side effects.. what does it take to get the proper benefits.

Based on this should I not be receicing:

CIA level 1 with supplement

Exceptional Incapacity allowance (since I'm rated over 98%?) Any idea what level I should get based on the injuries described?

Thanks guys

 

[Teager]

I believe EIA is for those under the old system. If your injuries are under the NVC then you won't get EIA.

Since you are getting CIA have you been deemed DEC (deminished earnings capacity)? If not ask for it and apply for the supplement if approved DEC. When you apply for the supplement you can also ask for a review of your CIA at the very least you might be moved up to level 2.

You also have to remember VAC doesn't work off of your disability rating. They go off what you can and can't do.

In my opinion you should be at a higher CIA level.

 

[dunlop303]

Thanks buddy, I was thinking the same. Just submitted the Dec a couple days back and had it redzoned. It's already in phase 3

 

[Beachexplorer]

Was declared DEC in Oct 2018,  Applied for CIA and CIAS immediately after decision of DEC.  I have just received letter denying both CIA and CIAS.  Has this ever happened to anyone?  I guess I will now have to appeal

 

[Teager]

Was declared DEC in Oct 2018,  Applied for CIA and CIAS immediately after decision of DEC.  I have just received letter denying both CIA and CIAS.  Has this ever happened to anyone?  I guess I will now have to appeal

Did it say why it denied you? Normally there's a quick explanation as to why. It is possible they just didn't see your DEC since the applications were so close together.

If they denied on medical grounds then there is not an appeal. It is a review and you must ask for the review in writing within 60 days. Alternatively you can also just reapply for it.

I would definitely verify if they saw you were DEC when they made that decision.

 

[Steve1959]

Teager, BeachExplorer and GreenArmyChick,

I am in a situation similar to your questions and responses. I have been approved a disability benefit at 109% (NVC) with numerous consequential claims that have been approved but no percentage as I am already over 100%. All claims are of a physical nature (cancer and related consequences). I was denied CIA in January 2018 and denied a review in February 2018. I am currently unable to work due to my illness and my private insurance (not SISIP) has deemed me functionally and medically unfit and as such I am receiving LTD from this insurance company. I am on the Rehab program with VAC and last week I was deemed DEC. As such, I have re-applied for CIA and the Supplement. I have over 33 years in the military and my medical conditions don't fit the medical conditions as per the CIA definition. My medically limiting conditions are: cancer (TMJ, Sleep Apnea, Left Facial Nerve Impairment, Cervicigenic Headaches, Left Supraspinatus Tendon Tear, GRD, Lymphedema, Xerostomia, Myofascial Pain Neck, Myofascial Pain Left Shoulder, Dermatitis, Chest Wall Condt, Throat Condt, and chronic fatigue from pain medication, sleep apnea and long-term side effects from radiation therapy).As you can read numerous medical conditions not to mention life limiting. I find my CIA and Supplement situation similar to BeachExplorer's and GreenArmyChick's. Can any of you provide me with insight on how to convince VAC that I am deserving of CIA and the Supplement? Your pro's and con's would be greatly appreciated.

Steve1959

 

[Teager]

Steve, the CIA is based off of how limiting your conditions are on your daily life. So if the above hampers your ability to do daily things and those conditions are connected to your VAC claims then it shouldn't be a far reach for CIA. Did VAC say why you were denied CIA in the denial letter?

Do you have a case manager? If so I would ask them for so help or see if they can explain why you have been denied. If you know why you have been denied it can make it clearer as to how to possibly get it the next go around. Some have had denials just due to wording by there doctors.

 

[Steve1959]

Teager,

When I was denied CIA (and CIA review) in January/February 2018 it was because I didn't meet the "time remaining" in the military component of CIA, nor did I meet the medical component of CIA (blind, amputee, etc). I figure that since I am now DEC with the numerous medical conditions that preclude me from working then I might have a chance at CIA and the Supplement. Better off trying then wishing I did.

Steve

 

[Teager]

You can definitely fight on the grounds of medical limitations. The time remaining is the part that could be problematic. I'm not sure but I think you need to get CIA before you can get the supplement. So if they still don't give you CIA due to the time requirement then that will squash the supplement.

Come April 1 the time requirement is being removed so you would get over that hurdle but the downside is the supplement will be gone then.

It's an interesting case you have and one that's very unfair with the changes coming. I would contact the Ombudsman though and see if they can offer any assistance with your case.