Profile
Veterans Affairs Canada (VAC) offers a comprehensive set of benefits and services. The Disability Benefits Program (Disability Pensions, Disability Awards, and Pain and Suffering Compensation) serves as one of the main gateways to accessing many of the benefits and services offered.
The Disability Benefits Program provides recognition of service-related illness and injury. It awards over $2 billion to clients annually and completed over 25,000 first applications in 2019-2020.
Clients who are not satisfied with a Disability Benefit decision have recourse options. They can seek Departmental Review at VAC or bring their decision to the Veterans Review and Appeal Board (VRAB), an independent, arm’s length administrative tribunal.
With the increase in Disability Benefit applications received at VAC, the processing time for first applications (as well as Reviews) has grown. When Veterans are waiting a considerable amount of time for their initial or Review decision, this can significantly impact their ability to access benefits and services which could improve their quality of life and well-being.
Approximately 4,600 Reviews, Appeals and Reconsiderations were processed by VAC and VRAB in 2019-2020.
Redress is a key component of the Disability Benefits Program and has not previously been evaluated specifically.
Evaluation Purpose
The purpose of this evaluation is to ensure the Disability Benefits redress process is relevant and meeting Veterans’ needs, while determining if there are opportunities to improve its effectiveness or efficiency.
It is anticipated that this evaluation will provide strategic and timely information to support program, policy and operational areas as they continue to improve the delivery of benefits and services to Veterans and their families.
Methodology and Findings
Multiple lines of evidence have been used to support the evaluation findings. These include Departmental and non-Departmental documentation review, interviews, file review, and statistical analysis.
There is a continued need for Disability Benefit redress, and it aligns with Government of Canada goals and priorities. It is reasonable to project that the demand for redress will increase with the projected increase in demand for Disability Benefits.
There are opportunities to improve the effectiveness and efficiency of the Disability Benefits redress process in the areas of governance, communication, performance measurement, quality assurance and standardization.
Governance of redress is challenging as there is not one specific area or even Department that is responsible for redress. VAC’s Centralized Operations Division (COD), the Bureau of Pensions Advocates (BPA) and the Veterans Review and Appeal Board (VRAB) are all accountable for elements of the process. The Office of the Veterans Ombud (OVO) also contributes by providing information to Veterans, and by helping to resolve process related complaints.
Over time, there have been various working groups and consultative committees between the respective areas to discuss issues regarding redress. Currently, there are regular operations meetings between BPA/VRAB and COD/VRAB where issues, changes and trends are discussed. However, there is currently no formalized approach to communication and information sharing that encompasses the Service Delivery Branch, the Strategic Policy and Commemoration Branch, BPA and VRAB.
The Performance Information Profile for the Disability Benefits program does not include any indicators related to redress process. Departmental Reviews are not reviewed for quality controlFootnote 1 (other than during an adjudicator’s extensive initial training period), although coaching and support are available. Also, there is no formal process in place for VAC to review and analyze decision making trends in Departmental Reviews, VRAB Reviews and Appeals and Judicial Reviews.
There is variance across the country in cases sent for Departmental Review or to the VRAB. The Disability Benefit application inventory impacts the advice provided by BPA lawyers to their clients. For instance, BPA may advise clients that they can have a VRAB Review hearing in less time than a Departmental Review, or that their chances of success might be better in pursuing one method of redress over another due to the nature of their case.
Based on these findings, the following recommendations have been made.
Recommendations
Recommendation #1
It is recommended that the DG, Centralized Operations Division work in collaboration with the Director, Strategic and Operational Support at the Bureau of Pensions Advocates to modify the existing Disability Benefits Program Performance Information Profile to include performance indicators (expected outcomes, targets and indicators to measure achievement) related to Departmental Reviews and BPA’s responsibilities in the VRAB Review, Appeal and Reconsiderations Processes.
Recommendation #2
It is recommended that the DG, Veterans Review and Appeal Board improve on the data collection at the Board, including the development of a standardized process and request required system changes (via VAC Systems Priority Committee) in order to improve tracking and reporting. Specifically, that the Board capture data on reasons for decisions and, upon availability of this data, share with VAC for potential opportunities for improved policies, processes, quality assurance, etc.
Recommendation #3
It is recommended that the ADM, Service Delivery work in collaboration with the ADM, Strategic Policy & Commemoration, the Chief, Bureau of Pensions Advocates, and the DG, Veterans Review and Appeal Board to establish a formalized approach to communication and information sharing, which could encompass: changes to Disability Benefits policies and processes; trends and decision reasons relating to Disability Benefit redress claims; information sharing on system/tool changes and associated innovative solutions; and consultation regarding internal and external reviews related to the Disability Benefits Program. In addition, it is recommended that the committee request regular updates from the Veterans Ombud for information related to Disability Benefits systemic reviews and complaints.
Recommendation #4
It is recommended that the Chief, Bureau of Pensions Advocates review the variance in cases sent for Departmental Review or VRAB Review/Appeal between regions to ensure standardized processes are in place across the country, where appropriate.