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This discussion paper
highlights the disparity in the treatment of cancer-related claims
between U.S. and Canadian veterans, advocating for equitable changes
to the Canadian claims process. The U.S. PACT Act offers expedited
claims for veterans suffering from cancer linked to toxic exposures,
eliminating the need for extensive medical evidence. In contrast,
Canadian veterans face a more complicated and prolonged process,
burdened by traditional injury claim procedures and inconsistent
interpretations of regulations like paragraph 50(g) of the Veterans
Well-Being Regulation.
To resolve this
inequity we recommend that the subjective phase,
"reasonably caused" in para 50(g) of the Regulation be
clarified. The term “reasonably”
inherently invites subjective judgment. Each adjudicator or panel
may have differing opinions about what is reasonable, influenced by
their perspectives, knowledge, or biases. For example, one
adjudicator might require near-definitive scientific proof of
causation to determine that an exposure
“reasonably caused” a veteran's cancer, while another
might find a credible association between the exposure and cancer
sufficient. This inconsistency erodes trust in the system and denies
benefits to veterans who should otherwise qualify.
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To resolve,
inconsistencies in interpretation, and to eliminate the disparities between
Canadian and American veterans we are recommending VAC adopt the
interpretation shown here:
If
a veteran was exposed to Burn Pits, or oil fires, while in service,
including, but not limited to, locations in Afghanistan, SW Asia,
Bosnia, Croatia, Pakistan, Sierra Leone, or the Persian Gulf;
or
if a veteran was exposed to any of the chemical agents identified by
the International Agency for Research on Cancer (IARC), or any other
credible cancer research body, as definitely, probably or possibly
causing cancer in humans, or chemical herbicides such as Agent
Orange;
Then
the veteran’s exposure must be presumed to have “reasonably
caused” the veteran’s cancer and the veteran's file can
automatically proceed to the assessment phase to determine the
appropriate award.
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