Systemic Issues for
Veterans with Cancer
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The current disability claims process at Veteran’s Affairs Canada (VAC)
was designed for physical injuries sustained in the field and continues
to follow procedures that work very well for these injuries. However, as
designed, they present a systemic barrier to our members whose injures
were sustained in field but were not manifested until many years later.
These types of delayed injuries are not easily forced into the mold
established for traditional veteran injuries. For example, if a veteran
sustained a wound from enemy fire and in retirement the site of that
wound precipitated a new medical problem, a doctor would not have a
problem determining that the new issue was the result of the veterans
service.
There are three specific Systemic Barriers for Veterans with Cancer that
we have identified so far. They are:
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para 50(g) has not
always been applied to veterans with cancer related to their
chemical exposure as to give the veteran the full benefit of the
doubt as to the relationship of veteran's injury to their service.
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There is a need for
Judicial Precedent involving chemical exposure resulting in cancers
since there are groups of cases that are identical unlike
traditional injuries which are all unique. For example, if an award
is made to a veteran who developed prostate cancer as a result of
exposure to Carbon Tetrachloride while in service, then it should be
accepted by VAC that this decision applies to all veterans with
cancer as a result of exposure to Carbon Tetrachloride while in
service,
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Doctor’s Letters
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Asking a veteran
with cancer to get a letter from his doctor stating that his or
her cancer was a result of their service is grossly unfair,
since there are very few doctors who have done research in the
origin of cancers and are not in a position to make any comment
on the source of a veterans cancer.
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There have been
a couple of doctors who have been able to make such a statement.
In this case their letters should be applied to all veterans
with the same cancer and exposure to the same chemical.
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A doctor's
letter is redundant. Para 50(g) of the Veteran's Well-Being Act
states that the cancer is presumed to be service related unless
there is evidence to the contrary. This makes the doctor’s
letter unnecessary. In fact in our meeting with the Chair of the
Veterans Review and Appeal Board it was clarified that a
doctor's letter is not always necessary.
Although para 50 (g) of the Veterans Well-Being Regulation cites
exposure to environmental hazards, it has not been interpreted as such
and “Presumptive Exposure” is not always recognized. In
spite of this, one of our members has received a five-fifths award for
his prostate cancer that was the result of his extensive use of Carbon
Tetrachloride while in service.
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