Lawsuit accuses Veterans Affairs of failing to tell eligible veterans about benefits

A proposed newclass action lawsuit has been filed againstVeteran Affairs Canada accusing it of failing to informformer soldiers, sailors and aircrew aboutthe federal benefits to which they are entitled.

A statement of claim was filed in Federal Court last month by veterans advocate Sean Bruyea. The claimis being spearheaded by lawyer Peter Driscoll, who successfully sued the Department of National Defenceover military pension clawbacks and secureda $887 million settlement.

The new case focuses on the handling of the former Supplementary Retirement Benefit.Bruyea who recently won a separate small claimscourt settlement in a defamation case against former veterans minister Seamus O'Regan had been eligible for the benefit before it was terminated by the Liberal government as part of its reform of veterans benefits, which came into effect in April 2019.

According to the court filing, Bruyea could have received a lump sum payout equal to 69 monthsof theSupplementary Retirement Benefit "had he been properly advised by the Department of the eligibility requirements" of the program.

Bruyea acknowledged the program was "small" but said it was important because it provided a small lump sum payment to qualified retiring veterans.He said he's almost certain he's not the only one who ended up being shortchanged.

The proposed lawsuit touches on one of the most common complaints of disabled veterans that it can bealmostimpossible for them to determine which benefits they're entitled to when the rules have changed so oftenover the past15 years.

Baffling benefits

There have been three major overhauls of the veterans benefits system since 2005 changes that have brought with them someconfusing eligibility criteria and programs that run for several years only to be replaced, changed into something else or cancelled outright.

In 2015, the Liberal government promised to fix the system and asserted as a statement of principlethat no veteran should have to fight the federal government in court for their benefits.

It also pledged to spend more money on programsand communicate clearly with former military members about their options.

While the department has pouredover $10 billion into additional veterans'benefits and supports over the last five years,Bruyea said it's still failingveterans if they don't know what they're entitled to receive.

"It is an important barometer of how veterans are being treated and the obligation the government has towards its veterans," he said.

Bruyea said he learnedwhen going through his files that the Supplementary Retirement Benefit should have been offeredto him more than six years ago.

"There are probably more veterans like me that had not been given the option to sign up for this program," he added.

A spokespersonfor Veterans Affairs Minister Lawrence MacAulaysaid he was aware of the casebut wasunable to comment on it directly.

"Our government is committed to supporting Canada's veterans and their families and ensuring they are aware of all the benefits they are entitled to," said John Embury, the minister's director of communications. "It would not be appropriate to comment on this specific case as it is currently before the court."

The proposed class action is the second legal case this year to test the extent of the federal government's obligation to keep veterans informed about programs.

Earlier this year, former master corporal Charles Scott sued the federal government after his case file allegedly fell between the cracks at Veterans Affairs not once, but twice.

Scott claimed he wasn't told he was at risk for developing post-traumatic stress disorder even though the department noted it in his medical file and was never given the option to seek treatment in 2008 when he left the military.

The second alleged lapse on his file took place in 2019, when Scott'scase management file was lost temporarilyand he missed his chance to lock in a supplementary career replacement benefit. That benefitwasphased out with the introduction of the current Liberal government's revised veterans'benefitsystem.

The Liberal government last year introduced a veterans benefit navigator, an online tool meant to distil the federal government's array of benefitprograms for veteransinto an individuallytailored readout that suggestsoptions.

It took Veterans Affairs almost a decade to deliver the interactive tool. It was first recommended by the country's veterans ombudsman in 2010.