Evaluation of the Disability Benefits Redress Process Summary

Relevance and Need

The Disability Benefits redress process is responsive to the needs of its targeted population and aligns with government roles and responsibilities.

There is a continued need for the redress process demonstrated through a steady ongoing demand for Disability Benefits, with forecasted increase of 2.1% from 2020-21 to 2024-25.

Performance and Efficiency/Effectiveness

There are opportunities to improve the effectiveness and efficiency with the Disability Benefits redress process.

The evaluation identifies opportunities relating to:

• increased communication and collaboration between those involved in the redress process (Centralized Operations Division, Bureau of Pensions Advocates, and the Veterans Review and Appeal Board);
• systems and data capture improvements;
• the identification and monitoring of performance metrics for the redress process;
• improving the consistency and standardization of regional practices.

Recommendations

• VAC Disability Benefits provide recognition of service-related illness and injury. The payment amount depends on the degree to which the medical condition is related to service (entitlement) and the severity of the condition, including its impact on quality of life (assessment).
• Clients who are not satisfied with a Disability Benefit decision from VAC (entitlement and/or assessment) have a legislated right to review or appeal. 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.
• Clients who are dissatisfied with a Disability Benefits decision are encouraged to contact the Bureau of Pensions Advocates (BPA), a nation-wide organization of lawyers within Veterans Affairs Canada providing free legal advice and representation for this purpose. The BPA team will review the file and may recommend the client apply for a Departmental Review through VAC or take their case to the Veterans Review and Appeal Board (VRAB). The BPA assists clients with preparing Departmental Review applications and written submissions and can represent the client at the VRAB. Clients may also choose to represent themselves, engage private representation, or seek help from Veterans Organizations like the Royal Canadian Legion.
• At the VRAB, the first step is a Review Hearing. If the client is not satisfied with the Review decision, they can request an Appeal.
• If the client has exhausted all redress options at VAC and the Board and remains dissatisfied, they have the right to apply to the Federal Court of Canada for a Judicial Review of the decision (outside the scope of this Evaluation).

Scope and Methodology

• This evaluation had been conducted in alignment with the 2016 Policy on Results where departments periodically evaluate organizational spending on the programs and services of the department.
• In addition, this evaluation has been conducted as an identified area of risk/need. Further, an evaluation of VAC's Ombud's Office (2019) noted complexities and challenges in the review and appeal process and recommended that VAC review the various complaint and redress streams available to Veterans.
• The evaluation was conducted between September 2020 and January 2022, and included document reviews, file reviews, data analysis, and key informant interviews.
• Evaluators assessed the relevance, performance, effectiveness, and efficiency of the DB Redress process over the period April 1, 2015, to March 31, 2020.
• With the onset of the global COVID-19 pandemic in 2020, the Evaluation team also looked at some of the impacts of the pandemic on redress in an effort to provide a fulsome and up to date review of the process.
• The purpose of this evaluation was 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.
• For the purpose of this evaluation, the evaluation team focussed on BPA's involvement in the redress process and not redress applications initiated by Veterans themselves or with the help of the RCL or with private representation.
• Areas out of scope for this evaluation include:
  • Appeals for the War Veterans Allowance Program;
  • Appeals for the Critical Injury Benefit;
  • Disability Benefits/Pain and Suffering Compensation and claims processing;
  • Reviews for all other VAC programs

Constraints and Limitations

• As a result of restrictions imposed by the global COVID-19 pandemic, the evaluation team relied on virtual interviews and observations in lieu of in-person meetings and discussions.
• The evaluation team did not speak directly with Veterans who accessed the redress process. As a mitigation strategy, the team spoke directly with BPA employees and VRAB Members and staff who communicate with Veterans. In addition, the team reviewed data received from BPA's client satisfaction questionnaires and VRAB's Review Hearing Exit Surveys.
• The Redress process is currently undergoing a migration process from its existing system of the Client Service Delivery Network (CSDN) to a new system called GCcase. In addition, VRAB has their own client management system which is separate from the CSDN (the VRAB Scheduling Application). Furthermore, BPA has not been able to secure its own client management system and, prior to the pandemic, relied almost exclusively on paper files. As a result, it is a challenge to track the whole process from start to finish given the different systems involved.

Evaluation of the Disability Benefits Program Redress Process - March 2022