The redress process is responsive to the needs of its targeted population and aligns with government roles and responsibilities.
3.1 To what extent is the Redress Process responsive to the needs of its targeted population?
In support of assessing the responsiveness of the redress process, the evaluation team analyzed operational and published data and obtained direct feedback from a number of key informants throughout the Department, the BPA, as well as through the VRAB.
3.1.1 Operational and Published Data related to Redress
The ability to predict the continued need for redress services can be challenging as it is not easy to estimate the number of Veterans who may be dissatisfied with their Disability Benefits decision. Furthermore, a Veteran who may have received a favourable decision might not be satisfied with the level of assessment. There is also no time limit on when dissatisfied clients can come to the VRAB. With this in mind, one way to assess the continued need for redress services is looking at the ongoing demand and uptake for the Disability Benefits Program. The Disability Benefits Program includes Disability Pension recipients, Disability Award recipients and effective April 1, 2019, recipients of Pain and Suffering Compensation. The Veterans Affairs Canada Facts and Figures document provides official departmental forecasts for the Disability Program which show a continued, steady overall demand for the program, as displayed in Table 3.
| Disability Benefits | 2020-21 | 2021-22 | 2022-23 | 2023-24 | 2024-25 | Forecasted Increase % (2020-21 to 2024-25) |
|---|---|---|---|---|---|---|
| Disability Pensions | 89,600 | 83,900 | 78,700 | 74,000 | 69,600 | -22.3% |
| Disability Award | 90 | 80 | 60 | 50 | 30 | -66.7% |
| Pain and Suffering Compensation | 88,010 | 93,420 | 98,630 | 103,630 | 111,800 | 27.0% |
| Total | 177,700 | 177,400 | 177,390 | 177,680 | 181,430 | 2.1% |
In addition, data on applications processed, as outlined in Table 4, show a continued steady demand for redress services. With the future projections for overall Disability Benefits applicants, it is reasonable to conclude this trend will continue. Table 4 shows the number of first applications completed over the five-year period have remained steady and trending up in the last two years. In addition, the number of redress applications that were processed over the same time remained steady.
| Applications Completed | 2015-16 | 2016-17 | 2017-18 | 2018-19 | 2019-20 |
|---|---|---|---|---|---|
| First Applications | 20,719 | 18,725 | 21,212 | 22,859 | 25,329 |
| Reassessments | 15,114 | 16,235 | 13,842 | 16,063 | 14,752 |
| Departmental Reviews | 1,637 | 1,698 | 1,471 | 2,860 | 2,170 |
| Decisions Completed | 2015-16 | 2016-17 | 2017-18 | 2018-19 | 2019-20 |
|---|---|---|---|---|---|
| VRAB Reviews | 2,507 | 2,116 | 2,020 | 1,405 | 1,428 |
| VRAB Appeals | 792 | 937 | 375 | 565 | 861 |
| VRAB Review and Appeal | 88 | 120 | 79 | 70 | 159 |
In June 2020, the Department released a strategy called Timely Disability Benefits Decisions in an effort to address the high volume of the Disability Benefit application inventory. This included the hiring of more than 300 additional temporary full-time staff to increase decision making capacity. Although the evaluation team did not include the Disability Benefit application inventory in the scope of this evaluation, the increasing decision-making capacity to reduce the inventory will lead to more decisions being made, which provides more opportunity for redress options to be used. It is expected that this will increase demand for the coming years at all levels of redress, thus impacting the volume of work at both BPA and VRAB.
Besides the increase in applications processed, the BPA has also seen an increase year after year of incoming inquiries which are handled by explaining decisions or providing advice and do not ultimately result in formal redress, which represents a considerable workload not captured in the applications processed.
3.2 Demographic Information and GBA Plus Analysis
Currently, the Department is limited in its ability to collect and analyze data with respect to GBA Plus. Indicators such as race, sexual orientation, indigenous status, gender and ethnicity have not been built into the Client Service Delivery Network (CSDN), which is currently where redress related decisions are recorded.
The evaluation team did, however, look at favourability rates of decisions among male and female recipients. With respect to First applications, Departmental Reviews and VRAB Appeals, the difference in the 5-year average favourability rate among males and females was less than one percentage point. When considering VRAB Reviews, female Disability Benefit recipients had a favourability rate slightly higher than males (approximately 3% higher favourability rate).
During the course of the evaluation, the team also reviewed an internal sex and gender-based analysis of disability benefits adjudication at VAC prepared in February 2020. The analysis noted that for the years 2013-14 to 2017-18, female clients waited longer than male clients for decisions about disability benefits. Turnaround times for single condition dockets for females were on average one month longer than those for males. In addition, multiple condition docket conditions for females had turnaround times almost two months longer than males.
The same 2020 sex and gender-based analysis found evidence of gender biases in the model of disability that frames adjudication of disability benefits as well as in some adjudication instruments and processes. This could be contributing to the gender gap in turnaround times. However, data limitations made it impossible to establish with certainty that gender biases are causing or contributing to gender inequities, or to confirm the existence of other gender inequities, or to map their nature and scope. The Department has taken steps to address some of the items identified in the analysis and will continue to use the analysis to inform decision making into the future.
| Decisions Made | Service Type | 2015-16 | 2016-17 | 2017-18 | 2018-19 | 2019-20 | Average Annual Favourable Percentage |
Average # Completed by Year |
|---|---|---|---|---|---|---|---|---|
| First Application | CAF | 82.3% | 80.4% | 82.5% | 80.9% | 80.1% | 81.2% | 18,676 |
| RCMP | 90.7% | 89.7% | 89.7% | 89.3% | 90.4% | 90.3% | 2,218 | |
| WS | 88.8% | 89.2% | 87.5% | 86.7% | 85.4% | 88.0% | 849 | |
| Departmental Reviews | CAF | 67.2% | 69.5% | 76.1% | 80.4% | 78.0% | 75.2% | 1,684 |
| RCMP | 79.1% | 79.9% | 85.8% | 84.7% | 84.4% | 82.9% | 187 | |
| WS | 76.1% | 79.2% | 51.9% | 75.7% | 72.3% | 71.8% | 99 | |
| VRAB Review | CAF | 53.02% | 42.10% | 43.56% | 58.40% | 74.94% | 52.64% | 1,730 |
| RCMP | 48.11% | 41.42% | 34.21% | 66.67% | 84.16% | 55.05% | 145 | |
| WS | 46.55% | 26.03% | 52.82% | 53.33% | 70.59% | 39.30% | 40 | |
| VRAB Appeal | CAF | 40.49% | 26.51% | 29.00% | 42.19% | 80.13% | 45.55% | 631 |
| RCMP | 38.98% | 18.92% | 30.56% | 41.30% | 81.08% | 43.94% | 58 | |
| WS | 13.16% | 16.67% | *N/A | *N/A | 58.33% | 20.48% | 17 | |
| VRAB Reconsiderations | CAF | 40.58% | 20.20% | 6.35% | 31.75% | 73.88% | 39.95% | 86 |
| RCMP | *N/A | 18.75% | *N/A | *N/A | 61.11% | 36.84% | 11 | |
| WS | 10.00% | *N/A | *N/A | *N/A | *N/A | 20.00% | 5 |
* N/A is used in instances where the volume of claims completed was less than 10.
3.3 Alignment with Government priorities and federal roles and responsibilities
As noted in s. 4 (a) (1) of the Department of Veterans Affairs Act, the powers, duties, and functions of the Minister apply to the administration of Acts of Parliament, etc., that relate to:
“…the care, treatment or re-establishment in civil life of any person who served in the Canadian Forces or merchant navy or in the naval, army or air forces or merchant navies of Her Majesty, of any person who has otherwise engaged in pursuits relating to war, and of any other person designated by the Governor in Council…”
The authorities for the Disability Benefits program in particular are found in Part 3 of the Veterans Well-Being Act and the Pension Act.
Clients who are not satisfied with their Disability Benefits decision have a legislated right to appeal. Sections 82(1) of the Pension Act and 84 of the Veterans Well-being Act allow for a review of the decision to be made by the Department if there was an error of fact or in the interpretation of any law or if new evidence is presented. In these cases, the decision may be amended, confirmed or rescinded.
The VRAB mandate is to “to hear, determine and deal with all applications for review and appeal that may be made to the Board under the Pension Act, the Veterans Well-being Act, the War Veterans Allowance Act, and other Acts of Parliament.” All matters related to appeals under this legislation are authorized under the Veterans Review and Appeal Board Act. The Board also adjudicates duty-related pension applications under the authority of the Royal Canadian Mounted Police Pension Continuation Act and the Royal Canadian Mounted Police Superannuation Act.
In addition, s. 6.1 of the Department of Veteran Affairs Act outlines the duties of the BPA:
“… to assist applicants and pensioners in the preparation of applications for review or of appeals…”
BPA lawyers are mandated to provide free legal advice and representation to Veterans who are having their disability benefit decisions reviewed or appealed. Although a part of the Department, the relationship between BPA and its clients is one of privilege, making lawyers subject to the rules and regulations of their respective law societies. Consequently, they take direction solely from their clients and not from the Government of Canada (Department of Veterans Affairs Act, sections 6.2(2) and (3)).
The evaluation finds that by providing redress processes to applicants to ensure they have the opportunity to present all available evidence in an effort to receive the benefits and services they are entitled to is aligned with Government of Canada priorities and federal roles and responsibilities. This is further highlighted in the December 2019 mandate letter to the Minister of Veterans Affairs and Associate Minister of National Defence, which stated that the Minister must:
“…continue to ensure that the Government lives up to its sacred obligation to our Veterans and their families. You will continue to ensure that Veterans receive the respect, support, care and economic opportunities that they deserve.”