Question Period Note: VETERANS REVIEW AND APPEAL BOARD DECISIONS

• The Veterans Review and Appeal Board is an independent, quasi-judicial tribunal that operates at arm’s length from Veterans Affairs Canada and from me as Minister. The Minister does not—and cannot—interfere in its decisions.
• The Board’s high rate of favourable decisions reflects its mandate to give Veterans every benefit of the doubt, as required by law. This includes considering new medical evidence, changes in policy, and personal testimony from Veterans themselves.
• Many favourable decisions are not reversals of VAC decisions, but increases in benefits for conditions that were already recognized. This shows the system is working to ensure Veterans receive the full support they are entitled to.
• The Board’s decisions are guided by legislation, legal precedent, and a robust quality assurance framework. Veterans also have access to free legal representation to help them navigate the appeal process.
• Ultimately, the Board exists to ensure fairness and justice for Veterans. Its independence is a cornerstone of that mission, and I fully support its role in delivering that accountability

All Board Members are appointed through a competitive process administered by the Privy Council Office. They are mandated to provide fair, impartial, quasi-judicial hearings and decisions on disability benefit matters.
With regards to partial entitlement, Veterans Affairs Canada adopted a consistent approach in 2018 to ensure fairness and equity for Veterans in similar circumstances. The Board has the authority to reconsider decisions in cases involving an error of fact or law, or when new evidence is presented. Significant changes in VAC policy that benefit Veterans are addressed under this provision, and the resulting decision speak for themselves.
The ”benefit of the doubt” section of the legislation has been interpreted by the Federal Court of Canada in multiple decisions that inform the Board’s application of this principle.
The Board’s program is governed by the Veterans Review and Appeal Board Act. It is an independent administrative tribunal that operates at arm's length from Veterans Affairs Canada. The Chairperson of the Board is accountable for delivering the Appeal program and reports directly to Parliament through the Minister of Veterans Affairs.
Board Members preside over all levels of redress. A robust quality assurance program supports them in ensuring decisions are consistent with the Board’s legislated mandate, prior Board decisions, and Federal Court jurisprudence.
Favourability:
o With respect to favourability rates, as outlined in the Board’s mandate, the Board has full and exclusive jurisdiction 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 - Part 3, the War Veterans Allowance Act and other Acts of Parliament.
o The Board may overturn decisions made by VAC for several reasons, including the presentation of new or updated medical evidence or changes in VAC policy. A key feature of the Board’s appeal program is that Veterans may appear before Board Members to explain how their illness or injury is related to their service and how it affects their daily life. This personal testimony allows Board Members to ask clarifying questions and gain a deeper understanding of each case. Additionally, when appealing to the Board, Veterans have the advantage of accessing free legal representation through the Bureau of Pensions Advocates to support them through the appeal process.
It is important to note that the Board’s favourability rates do not only reflect cases where VAC decisions were overturned. About one third of favourable decisions result from increases in the assessment of an already-entitled condition. For example, if a Veteran received a favourable decision from VAC but appealed for a higher assessment, a resulting increase would be considered a favourable Board decision. These decisions are based on medical evidence presented to the Board.

QUICK FACTS & FIGURES
Veterans Review and Appeal Board
• The Board provides Veterans, Canadian Armed Forces, RCMP members and their families with an independent appeal process for disability benefits decisions made by Veterans Affairs Canada.
• The Board operates at arm’s length from the Department to ensure a fair and independent appeal process for applicants.
• Veterans who are not satisfied with a VAC decision have the right to two levels of redress at the Board: A Review Hearing and an Appeal Hearing.
• In 2024-25, the Board received 9,412 applications and held a total of 6,123 hearings. This past year, 89% of Veterans who had cases heard received additional benefits for their service-related disabilities.
Benefit of the Doubt
• The "benefit of the doubt” section of the legislation has been interpreted by the Federal Court of Canada in multiple decisions that inform the Board’s application of this principle.
Open Court Principle
• The Veterans Review and Appeal Board is bound by the open court principle, which ensures transparency and accountability.
• Hearings are open to the public, and decisions are published on the Canadian Legal Information Institute website. Applicants involved in a Board decision have the right to seek further redress, including judicial review by the Federal Court of Canada.