But claims must be analyzed on a case-by-case basis
Both Canadian Armed Forces (CAF) and Royal Canadian Mounted Police (RCMP) members may be eligible for disability benefits arising from a service-related treatment injury, according to an interpretation decision released by the Veterans Review and Appeal Board (VRAB) of Canada.
“The Veterans Review and Appeal Board is pleased to release the I-3 Interpretation Decision that determines Canadian Armed Forces and Royal Canadian Mounted Police Members may be eligible for compensation for service-related injuries arising from medical care,” said Christopher J. MacNeil, chairperson of VRAB Canada.
“We would like to thank all those who took the time to participate in the Board's Hearing which allowed us to further ensure Veterans are receiving the benefits they are entitled to.”
In the interpretation decision, the board made clear that each claim must be analyzed on a case-by-case basis to determine whether there is a significant relationship to service as each case holds unique and specific circumstances.
The decision was based on an interpretation hearing held in January, where a panel of VRAB members heard from stakeholders on the interpretation of the board's legislation with the intent to bring clarity to whether disabilities arising from medical care can be compensated.
Interpretation Decisions clarify issues of interpretation of legislation, policy, or procedure. They establish binding precedents for those questions of law which have been determined in the decisions.
Key considerations included the extent to which the disability arising from medical treatment is compensable and whether the disability is service-related, according to the board.
The culture of the RCMP is “toxic” towards women, according to a report released by former Supreme Court of Canada Justice Michel Bastarache in November 2020.
The board is also encouraging veterans, CAF and RCMP members who have a medical treatment claim to visit its website to learn more about what options are available.
