I've Reached 100% but still have injuries, now what???

[stokerwes]

I just received a letter from VAC for a disability claim, it states that this disability was assessed at 73% but because my other disability awards total 47% I will only receive 53%, according to law I cannot receive more than 100% total award.
Has anyone had this issue or heard about it?
This would make sense under the old charter (the pension) as a member couldn't receive more than the maximum allowed per month, which for me would be about $3500.00 per month for life.  Which would be about 420k if I managed to live for ten years.
I was under the impression that each application was separate. The way I understand it now is once I reached a total of 100%(about 300K) I am not entitled to anymore awards.
Right now I have two more claims being reviewed for completely different injuries. Does this mean its a waste of time for me to even pursue them? I have awarded injuries that are sure to worsen with age, would it be any use to even have them reassessed?
If there is anyone out there that has experience with this situation I would appreciate some insight on how different injuries are all calculated under the one total of a max of 300k.
It just doesn't make sense to me, and if it is indeed the case VAC should be a bit more forthcoming with this information when they make those pretty pamphlets comparing the lump sum with the pension. I don't think I am alone in thinking that each injury would be separate from each other.
There are plenty of CAF members with several different awards for whatever reason and they still can serve with these issues. However if for example a a member had received a total of 45% in awards over the last 15 years for several injuries that were all service related, and then that member has a very serious injury in which they have to be released does this mean they would only be entitled to a maximum of 55%?
Looking forward to some advice on this one before I go to see my local VAC office.
Thanks

 

[ModlrMike]

I admit I'm having a hard time understanding the concept of one being more than 100% disabled. Is that what you're asking?

 

[2ndChoiceName]

I admit I'm having a hard time understanding the concept of one being more than 100% disabled. Is that what you're asking?

I believe he's saying that he has several separate injuries, the separate disability values of which add up to more a total of more than 100%.

 

[Teager]

The disability award is based on two things:

the degree to which your disability is related to your service (entitlement); and
the extent of your disability (assessment).

Taken from the VAC website http://www.veterans.gc.ca/eng/services/after-injury/disability-benefits/disability-award

AFAIK once you max out the amount claimable you can't claim any more. This has been an ongoing issue as many members have maxed out and have injuries that have not been compensated.

 

[Nemo888]

Meds and medical treatments are only covered for awarded conditions. So you may not get a pay out,  but if you need treatment  get the claims approved.

 

[stokerwes]

I think I have wrapped my head around it now. It's not right and I am certain that other members aren't aware that the lump sum payment is THE LUMP SUM, once you reach 100% you will not receive any more compensation regardless if you have more injuries.
I'll still pursue my other claims even though am 109% and will not get any compensation. The treatment that these other injuries may require will at least be covered.
Thanks for the replies its appreciated.

 

[bigcletus]

The most money they will payout is at 100%, of the old and new plans. I have a mix of the 2, that adds up to 110%.  Don't let the 100% stop you from applying.  If its determined that your injuries/condition is the result of military service, treatment benefits will be available.  In other words, apply regardless of the perceived outcomes. It might not matter now, but later in life you will appreciate VAC picking up the tab for prescriptions/medical treatments. 

 

[stokerwes]

The most money they will payout is at 100%, of the old and new plans. I have a mix of the 2, that adds up to 110%.  Don't let the 100% stop you from applying.  If its determined that your injuries/condition is the result of military service, treatment benefits will be available.  In other words, apply regardless of the perceived outcomes. It might not matter now, but later in life you will appreciate VAC picking up the tab for prescriptions/medical treatments.

Thanks, right now I am at 109% plus other conditions under review.
I will be continuing to process my other claims simply out of principal, I was told by VAC that since some of my injuries were in special duty areas that all future medical needs would be taken care of because of this regardless of their origin.
Now I will have to begin a new battle with VAC with the application for Permanent Impairment Allowance, as I the most I will be able to do will be part time minimum wage jobs due to my conditions after release. It's very disheartening at times but I'll keep at it.

 

[bigcletus]

If you have conditions under the old AND the new, you can apply for either EIA (old system) or the PIA (new system).  The big diff, EIA is NOT taxable, PIA is. 

 

[stokerwes]

Unfortunately all my awards are under the NVC even though some of them go back to the early 90's.
I have been reading up on PIA and it looks like a bunch of hoops to jump through, which is understandable. I hope I don't have to start the process over from the very beginning. Still serving right now awaiting DMEDPOL decisions so there is nothing I can think of doing to be proactive about this, other than research it and get my admin in order.

 

[Teager]

I just had a read through the PIA policy and requirements. Talk about a tough go. Even when submitting the application it mentions the veteran having a legal aid submit it. I think one of the toughest obstacles is the fact VAC mentions suitable gainful employment. I would be really interested to know what they consider as gainful employment?

 

[bigcletus]

I had a VAC case manager on a visit to my home.  She suggested I apply and filled in all the paperwork.  It was approved within 3-4 weeks.  If you have a case manager, give her/him a shout.