Systemic Issues for Veterans with Cancer


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:

  1. 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.

  2. 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,

  3. Doctor’s Letters

    1. 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.

    2. 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.

    3. 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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