Thursday, 8 March 2012

A Re-Cap To Date - DND / VAC

Some have indicated that a "Readers Digest" type of summary might be helpful. I will attempt to outline the history and current situation so you, the reader, can have some appreciation of my situation.
1. Complaint filed by Captain against Colonel in 1997 in accordance with the Canadian Forces Administrative Orders (CFAO). Colonel adjudicated himself with the Base Administrative Officer Investigating on his behalf.
2. Colonel found himself not guilty.
3. Captain (me) requested further review of my case because of the way it was adjudicated. (You can't be your own Judge). These requests were again filed in accordance with CFAO's.
4. No Senior Officer all the way up the Chain of Command would accept my argument that you can't judge your own case. No Senior Officer (very many) would help.
5. Chief of Defense Staff (CDS) wrote an "Open Letter" to the lower ranks and indicated that if you as a lower rank were not being treated fairly, he wanted to know about it.
6. The CDS was given my case to look at by another Junior Ranking member. He did find in my favour. Through mediation a deal was struck. (This should have been the end of it). My career was for all intents finished and the Senior Officer, Colonel was promoted up to I believe the Deputy Chief of Defense Staff. (DCDS). I believe this person who didn't follow written orders back in 97, along with the other Senior Officers who would not help, were now making decisions or recommendations about the new F-35 among other important issues. In this case, the Orders appear to only apply if they are used from the top down and not, even though written for good reason, working from the bottom up.
7. Upon completion of my service I was in definite need of treatment for several issues. This being only one of many. When I filed my Veterans Affairs Claim, the answer was no. This decision was based on the information that they had available. Not knowing what information they had, I had to wait to find out exactly what they looked at. Through the Bureau of Pension Advocates (BPA), I found out that they basically looked at nothing because there was nothing in any file.
8. After having my case for nine months, BPA decided that it was too hot to handle and wanted me to go directly to a Tribunal. A Tribunal is the final stage of Appeal. I refused and filed my own Departmental Review Request. I myself compiled over 100 pages of documentation as proof. I won my Appeal.
9. My "Decision Date"-the date they can't disprove your claim, was now almost 2 years later and I was unable to claim any expenses during that time because they didn't believe me when I initially filed. In other words, the longer they can delay you, the more money they save.
10. Currently I am waiting for 3 consequential decisions and every request for Blue Cross POC 10 drug coverage has been initially denied (approx 15 requests). After lengthy battles with the Treatment Authorization Unit - Pharmacy, three(3) remain outstanding and one request for special footwear has been denied.
11. I investigated as to why VAC could not find any documents on me was because items such as the CDS's Letter to me and others didn't exist and my agreement between myself and The Government of Canada on Behalf of the Queen, was not to be located anywhere. This is one reason my claim was delayed for an excessive period.
12. I wrote an email to the Governor General, requesting his assistance as Commander and Chief of the Canadian Military. (03 Mar 2012)
13. I filed a Formal Complaint with the Privacy Commission about the lost / missing documents from the CDS and Queen.

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