website preview [A Dirty Little Skirmish]

A DIRTY LITTLESKIRMISHDavid T. MacLeodHarold Leduc

JCharlton Publishing Ltd.3104 30th Ave., Suite 228Vernon, BC CanadaV1T-9M9www.jcharltonpublishing.comCopyright © 2015 JCharlton Publishing Ltd. All rights reserved. No part ofthis publication may be photocopied, reproduced, stored in a retrieval system,or transmitted, in any form or by any means, electronic, mechanical or otherwise,without the written permission of JCharlton Publishing Ltd., except forbrief passages quoted for review purposes.Cover picture © aladin66.Photo p. 91 © Natasha Mohr.Photo’s p. 125 © David T. MacLeod, © Harold Leduc.Library and Archives Canada Cataloguing in PublicationMacLeod, David T., authorA dirty little skirmish / David T. MacLeod, Harold Leduc.Includes bibliographical references.ISBN 978-1-926476-04-9 (paperback)1. Canada. Veterans Review and Appeal Board--Rules andpractice--Popular works. 2. Veterans--Medical care--Law andlegislation--Canada--Popular works. 3. Disabled veterans--Medicalcare--Law and legislation--Canada--Popular works. 4. Veterans--Government policy--Canada--Popular works. 5. Veterans’ families--Government policy--Canada--Popular works. 6. Administrativeremedies--Canada--Popular works. I. Leduc, Harold, 1953-, authorII. Title.KE7240.M4M32 2015 343.71’011 C2015-903808-1KF7279.M32 2015

Table of ContentsTable of ContentsTable of AcronymsDedicationiiiivINTRODUCTION 1David MacLeodCHAPTER 1 7How Harper’s Government Views Veterans – and the Canadian PublicDavid MacLeodCHAPTER 2 17The Veteran Affairs Canada Application Process ExplainedHarold LeducCHAPTER 3 29Veteran Review & Appeal Board’s Denial CultureDavid MacLeodCHAPTER 4 51An Evidence-Based ApproachDavid MacLeodCHAPTER 5 57Guidance for the Parliamentary and Senate Committee on Veterans AffairsHarold LeducCHAPTER 6 67Guidance to Veterans - Stand To!Harold LeducCHAPTER 7 89Skirmishing with the Veterans Review and Appeal BoardNatasha MohrCHAPTER 8 119ConclusionDavid MacLeodAbout the Authors 123

Table of AcronymsANAVetsBLGCAVCAVUNPCBCCDSCAF*CF*CFACCFBCFNOSCFSCIMVHRCPCCPVACSDNCVADNDDVAAEEGFCGOCGWVAHQHMCSJDMOCNATONCVAThe Army, Navy and Air Force Veterans AssociationBorden Ladner and Gervais LLPCanadian Aboriginal Veterans and Serving MembersAssociationCanadian Association of Veterans in United NationsPeacekeepingCanadian Broadcasting CorporationChiefs of the Defence StaffCanadian Armed ForcesCanadian ForcesCanadian Forces Advisory CouncilCanadian Forces BaseCanadian Forces Naval Operations SchoolCanadian Forces StationThe Canadian Institute for Military and Veteran HealthCanadian Pension CommissionThe Canadian Peacekeeping Veterans AssociationClient Service Delivery NetworkThe Canadian Veterans AdvocacyDepartment of National DefenceDepartment of Veterans Affairs ActEntitlement Eligibility GuidelinesFederal CourtGovernment of CanadaGreat War Veterans’ AssociationHeadquartersHer Majesty’s Canadian ShipJustice DepartmentMilitary Occupation CodeNorth Atlantic Treaty OrganizationNational Council of Veterans Associations in Canada* THE CANADIAN FORCESConstitution14. The Canadian Forces are the armed forces of Her Majesty raised by Canada andconsist of one Service called the Canadian Armed Forces.R.S., c. N-4, s. 14.

NVCOSISSOVOPAPSHCPPTSDQOLRCLRCMPSDASISIPTODVACVBAVIPVRABWWIWWIIWVAANew Veterans Charter (Canadian Forces Members andVeterans Re-establishment and Compensation Act)Operational Stress Injury Social SupportOffice of the Veterans OmbudsmanPension ActPublic Service Health Care PlanPost-Traumatic Stress DisorderQuality of LifeRoyal Canadian LegionRoyal Canadian Mounted PoliceSpecial Duty AreaService Income Security Insurance PlanTable of DisabilitiesVeterans Affairs CanadaVeterans Benefits ActVeterans Independence ProgramVeterans Review and Appeal BoardWorld War IWorld War IIWar Veterans Allowance Act

DEDICATION

A Dirty Little Skirmish is dedicated to those veterans and their spouses whohave the courage to continue to skirmish with the Government of Canada andthe biased bureaucrats who have failed in their duty.

INTRODUCTIONDavid T. MacLeod

A Dirty Little SkirmishThe title – A Dirty Little Skirmish – is a metaphor depicting a small doggedfight. A skirmish can broadly be explained as an episode of irregular fighting,usually occurring on the periphery of the main battle. The description isan appropriate one for veterans. Each day, individual veterans fight the VeteransReview and Appeal Board (VRAB) bureaucracy: an arrogant, biased organization,whose culture of denial hampers veterans and their families injuryclaims. Fighting the Board is usually done outside public scrutiny. This fighthappens on the periphery of society. Few veterans are willing to take Boarddecisions to the public for fear of retribution. These fights on the periphery,these skirmishes, are ugly.Other veterans publicly skirmish with politicians and bureaucrats on topics,including, but not restricted to, the New Veterans Charter, VRAB, Office ofthe Veterans Ombudsman, privacy violations, the loss of pensions, the degradingof healthcare benefits, the difficulty in transition from military life, and theloss of trust in government. These fights usually occur within the media andinclude the usual players of political parties, veteran organizations, individualveterans, and academics. These skirmishes too are ugly and, as both Colonel(retired) Pat Stogran and the Honourable Julian Fantino found out, no one isimmune from becoming a casualty.If veterans are treated so well, why are there class action and individuallawsuits? Embattled veterans indicate a deeper challenge that Canadian societymust consider: do government statements of commitments matter, or arethey just political speeches? Do we want Canada to have social programming?A Dirty Little Skirmish does not seek to address these larger questions. Instead, itaddresses practical concerns surrounding access to veteran benefits.In Chapter 1, we examine how Prime Minister Stephen Harper’s governmentviews veterans. Through our research, we come to understand that Canadiansrespect veterans because they see themselves in veterans. The postWWI establishment of pensions and veterans’ hospitals paved the way forpublic pensions, healthcare, and other benefits. However, we see that Harper’sgovernment is dismantling both veteran and public social support systems.Access to what benefits exist is difficult. Delayed access to a benefit can meana benefit denied. Is this what Canadians want?Chapter 2 explains the Veteran Affairs application process, and by doingso, provides evidence of a denial culture within Veterans Affairs. It is surprisinghow little both veterans and parliamentarians understand this supposedlynon-adversarial, application process. Harold Leduc’s personal experience asa veteran, veteran’s advocate, Veterans Affairs Canada (VAC) client and Governorin Council appointee to the Veterans Review and Appeal Board has ledhim to identify a need for a clear explanation of this process. Despite policydecisions at the senior managerial and Deputy Minister levels, advising staffnot to inform veterans of their full entitlements, frontline VAC staff are tryingto do their best. The denial culture runs deep.Measuring the denial culture can be accomplished by observing dissent3

4 Introductionwithin the VRAB. Chapter 3 sets the stage for future research by establishinga baseline study of denial culture within VRAB. Dissent is typically writtenwhen adjudicating Board members disagree with a VRAB decision. But Boardmembers do not just disagree; dissent is used to instruct, rebuke, or shameother Board members. There are even cases of harassment within the Board.Veterans cannot have confidence in VRAB decisions when VRAB Board membersfail to demonstrate respect for Human Rights within the organizationitself. A Federal Board infused with repression and harassment is an unlikelyentity to provide fair and appropriate adjudication within the application process.The study includes 59 cases from VRAB.No system is perfect. If we don’t objectively know how well veterans are succeedingor failing, how can we make effective policy? To make a system better,data concerning the health and welfare of Canadian veterans are required. Nogovernment agency, including Veteran Affairs, tracks veterans’ health, accessto services, service-based environmental injury, or veterans’ successes andchallenges after service. Despite strong indications of the need for moderndata collection for veteran healthcare, politicians are making poor policy andgenerating misinformation, because of a lack of data. Chapter 4 provides anargument for tracking the health of veterans as other countries do.Chapter 5 explores the social contract between the Government of Canada,the people of Canada, and veterans. The Government of Canada is responsiblefor deciding how much the social contract to care for veterans equates intaxpayer dollars. The role of individual veterans and veterans’ organizations isto keep government informed of their evolving needs. Canadian citizens haverepeatedly stated their position. They want the best the country has to offer forveterans’ care and treatment. The Government of Canada has exploited divisionswithin the veterans community to strip away important disability benefitswithout the consent or consultation of the majority of affected veterans.Veterans have not spoken with a clear strong voice. The result is failure and noone’s hands are clean. What has gone wrong? Harold Leduc provides guidanceto parliamentarians and senators.The concept of “One Veteran”, combined with lively excerpts from interviews,makes Chapter 6 one of the most interesting sections of this book. Filledwith clear recommendations for action by veterans and the public, Chapter 6clearly outlines the first step for implementing much-needed leadership at appropriatelevels. Veterans want leadership and government lawyers challengedthe veterans’ community to vote government out of office in 2015, if not satisfiedwith their policies. Veterans made a living following orders, so shouldn’tthis one be followed too?In Chapter 7, we take you into the heart of a skirmish with VAC. Let NatashaMohr walk you through the loss of her beloved husband, Petty Officer FirstClass Rick Mohr. Edits have been made, but essentially Natasha’s story is, as itwas sent to us – raw, honest, and full of disappointment in a system she trusted.By including this chapter, we acknowledge the ones who bear the brunt of

A Dirty Little Skirmish5political and VAC bureaucratic failure: the families of veterans.I ask the reader to pause here and reflect. Access to benefits and servicesis the underlying theme throughout the book. Veterans are fighting for thevery things that the average Canadian is concerned about: access to pensions,healthcare, the application of the rule of law, and human rights. What veteransare fighting for affects Canadians directly. If veterans lose these skirmishesfor pensions, healthcare, and rule of law, Canadians may eventually have lessmoney in their pocket and fewer rights and freedoms.Veterans are fighting on the periphery, but the real fight will come whenCanadians realize that Harper’s government has underfunded pensions andother social programs, leading to the collapse of social support systems, andthat Government of Canada bureaucrats have been operating at the very edgeof the law.

ABOUT THE AUTHORS

A Dirty Little Skirmish125David T. MacLeod is a husband, father, veteran,small business owner, and the Liberal Candidatefor Central Nova in the 2015 federalelection. David served in the Canadian ArmedForces from 1982 to 2010 and deployed to Cyprus,Bosnia, Kosovo, SW Asia, and Afghanistan.He holds a Bachelor of Arts in PoliticalStudies from the University of Manitoba and aMaster of Arts specializing in Human Security& Peacebuilding from Royal Roads University.David is a Board Member of the Nova ScotiaDisabled Persons Commission and is a participantin Historica Canada’s Memory ProjectSpeaker Bureau. After military service Davidand Katarin returned to their roots in Nova Scotia. David’s young family includestwo daughters, a horse, and a mastiff.Harold Leduc has written numerous technicaldocuments on veteran’s benefits andlegislation for the Government of Canadaincluding the co-authored, Honouring Canada’sCommitment: Opportunity with Securitya document that led to the modernizationsof benefits for Canadian Forces veterans. Inaddition, Harold has prepared and presentedbriefs to Parliamentary and Senate Committeeson veteran’s benefits. Harold served withdistinction in the Canadian Army and was investedas a member of the Order of MilitaryMerit. He served as Executive Officer and NationalPresident of the Canadian PeacekeepingVeterans Association and also served two terms on the Veterans Review andAppeal Board. Harold has received numerous awards for his work for veteransincluding being one of the first to earn the Minister of Veterans Affairs Commendationand the Veterans Ombudsman’s Commendation. Other awardsinclude the Golden and Diamond Jubilee medals and his bio is listed in theCanadian Who’s Who. He is currently a Board member with Equitas and is atechnical advisor for a class action lawsuit to improve veteran’s benefits. Haroldholds a Master of Arts in Conflict Analysis and Management from RoyalRoads University. Harold, his wife Katalin and son live on Vancouver Island.