Backlogs for veterans seeking disability benefits are about to get worse, unions warn

· Toronto Sun

Unions say a persistent backlog preventing veterans from accessing disability benefits after a claim denial is about to get worse, as the Bureau of Pensions Advocates is set to lose nearly half its workforce.

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Unions representing lawyers and support staff at the bureau say term contracts for 96 of about 230 positions are set to expire at the end of March, and the government will not be renewing them.

“Veterans are going to get hurt over this,” said Gregory Harlow, president of the Association of Justice Counsel, the union representing lawyers employed by the federal government.

“These are people who become hurt in the service of their fellow Canadians. Seems to me we have a duty to them to try to honour that sacrifice.”

The Bureau of Pensions Advocates is a national organization within Veterans Affairs Canada that provides free legal advice and representation to veterans who have been denied disability benefits by Veterans Affairs Canada.

Veterans may  choose to hire a private lawyer or represent themselves, but the bureau and the Royal Canadian Legion help veterans through the appeal process free of charge.

The system has been dogged by a persistent backlog for years.

In the last fiscal year, Veterans Affairs Canada missed its target for reaching a decision on benefits applications more than half the time.

When the department denies a benefits claim, veterans can appeal through the Veterans Review and Appeal Board.

For many, challenging the decision is worth the effort. In 2024-2025, 89 per cent of veterans who had their cases heard by the board received extra coverage.

But it can be slow going.

The Bureau of Pensions Advocates estimates the average case takes about a year and a half to be heard.

With a drastic reduction in staff at the bureau, Harlow said veterans can expect that wait time to stretch longer than two years.

“The result of that is, of course, it reduces the time period of disability benefits available to veterans and occasionally elderly clients die or become incapacitated waiting for a hearing date,” he said.

In Budget 2023, the government set aside temporary funding to help address the backlog.

Later that year, the government  committed an additional $164.4 million to retain case managers and support staff for an additional two years — bringing the investment to $321.1 million over five years and keeping new staff on board until March 2026.

That funding isn’t being renewed.

Of the 96 bureau employees whose contracts will expire on March 31, 24 were lawyers and 72 were support staff. The bureau currently employs 61 lawyers. 

“Unfortunately, the work that they were doing has not been discontinued,” Harlow said.

In an email, Veterans Affairs Canada spokesperson Josh Bueckert said the bureau is returning to “steady state operations in line with its permanent funding levels.”

“ The BPA (Bureau of Pensions Advocates) remains committed to supporting Veterans and their families throughout the appeal process and is working to enhance service to Veterans,” he said.

“This includes the BPA standardizing business processes and developing guided forms to better support Veterans as they navigate appeals.”

Toufic El-Daher, national president of the Union of Veterans’ Affairs Employees, said the loss of temporary funding is already being felt.

El-Daher, whose union represents support staff at the bureau, said about 300 hearings for April will not be scheduled as planned due to the job losses.

“That will have a direct impact on the veterans,” he said.

The Veterans Review and Appeal Board said in an email it understands the importance of hearings for veterans and their families.

“Anticipated changes to resource levels at the Bureau of Pensions Advocates have impacted some upcoming hearings,” the board said.

“We are committed to supporting them through any delays and will continue working with the Bureau of Pensions Advocates to identify efficiencies, streamline processes, and ensure that the important work we do to support Veterans, will continue in a sustainable way.”

Caroline Hughes, director of veteran’s services with the Royal Canadian Legion, said word of pending job losses at the bureau had been “swirling” in veterans’ organizations in recent weeks.

“It’s a surprise to us because we understood there would be no cuts to any services directly affecting veterans,” she said.

“With the backlog right now, already, it’s likely it could get worse.”

Hughes said veterans who are in the queue are unable to access benefits until their appeal is heard.

“If somebody needs hearing aids or treatment for a back condition, (Veterans Affairs Canada) won’t pay for it until it’s been granted entitlement,” she said.

The solution, El-Daher said, is stable and permanent funding. That approach would avoid disruptive cycles of temporary hiring and mass departures.

Harlow agreed.

Simply withdrawing legal services without changing the system will only exacerbate existing backlogs, he said.

In his view, the government must either take a less adversarial stance toward claims or maintain the legal services required to keep the appeal process functioning.

Only one other option remains, he said: “Just allow the system to spin out of control with outrageous and unreasonable delays stretching into multi-years.”

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