Rehabilitation Services and Vocational Assistance: Medical Release – 2019 Transition

Issuing Authority: Director General, Policy and Research
Effective Date: April 1, 2019
Document ID: 2832

Care has been taken to ensure these policies accurately reflect the acts and regulations. Should any inconsistencies be found, the acts and regulations will prevail.

Purpose Authority Policy General Plan Assessment, Development and Implementation Spouses and Common-law Partners Diminished Earnings Capacity References

Purpose

On April 1, 2019, Veterans Affairs Canada (VAC) will implement amendments to the Veterans Well-being Act (VWA), which will affect certain Veterans applying for the Rehabilitation Services and Vocational Assistance Program (subsequently referred to as the Rehabilitation Program). Between April 1, 2019, and March 31, 2024, Veterans applying under section 9 of the Act for health problems not resulting primarily from service and that led to medical release will have access to medical and psycho-social services to address rehabilitation needs. Vocational rehabilitation and assistance will no longer be available to these Veterans. As of April 1, 2024, section 9 of the Act will be repealed and Veterans applying to VAC’s Rehabilitation Program will only have access to rehabilitation services under section 8 of the Act.

This transition policy will provide direction with respect to protection of services, which may include vocational, under the Rehabilitation Program for Veterans, who applied or were eligible under section 9 of the Act prior to April 1, 2019. It also provides direction with respect to protection of services under the Rehabilitation Program for spouses or common-law partners (CLPs) of Veterans, who had a diminished earnings capacity (DEC) prior to April 1, 2019, due to health problems not resulting primarily from service and that led to medical release.

Authority

Sections 162 to 170 of the Budget Implementation Act, 2018, No. 1 (BIA 2018).

Policy

General

Pursuant to section 163 of the BIA 2018, for Veterans who meet both of the criteria set out in a) and b), VAC will protect the rehabilitation services and vocational assistance to which they may access in order to meet their rehabilitation needs:
1. Veterans who made an application under section 9 of the VWA prior to April 1, 2019; and
2. were determined to be eligible for rehabilitation services under section 9 of the VWA prior to April 1, 2019.

Pursuant to section 164 of the BIA 2018, for Veterans who meet both of the criteria set out in a) and b), VAC will protect the rehabilitation services and vocational assistance to which they may access in order to meet their rehabilitation needs:
1. Veterans who made an application under section 9 of the VWA prior to April 1, 2019; and
2. were determined to be eligible on or after April 1, 2019, for rehabilitation services under section 9 of the VWA as it existed prior to April 1, 2019.

The protected services include medical, psycho-social and vocational rehabilitation services including vocational assistance that the Veteran would have been eligible to receive prior to April 1, 2019.

For Veterans that were determined to be eligible per paragraphs 1 and 2, rehabilitation services will remain protected until the Veteran’s respective rehabilitation plan has either been completed or cancelled. Once a plan has been completed or cancelled, the Veteran’s eligibility for rehabilitation services will be based on a new application and subject to the legislation and polices in place at the time of application.

Veterans with an active rehabilitation plan will submit a new application for any health problem(s) arising after April 1, 2019. All applications for health problems arising after April 1, 2019, will be subject to the legislation and policy in place on and after this date.

CAF members, who release from service on or after March 31, 2019, meet the definition of a Veteran on or after April 1, 2019. Therefore, their applications rehabilitation services and vocational assistance will be subject to the provisions under the VWA effective April 1, 2019. (see policy, Rehabilitation Services and Vocational Assistance – Eligibility and Application Requirements)

In order to be considered for eligibility as a Veteran prior to April 1, 2019, a Canadian Armed Forces (CAF) member’s release would be no later than March 30, 2019; and they have not re-enrolled at the time of application adjudication. Please refer to the Rehabilitation Services and Vocational Assistance - Eligibility and Application Requirements policy for more information on transfers and re-enrollment.

If prior to April 1, 2019, VAC determined that a CAF member who:
1. made an application under section 9 of the VWA ; and
2. was released on or after March 31, 2019,
was eligible for rehabilitation services and vocational assistance, then the eligibility determination is deemed not to have been made and their application will be subject to the provisions under the Veteran Well-being Act effective April 1, 2019. (see policy, Rehabilitation Services and Vocational Assistance – Eligibility and Application Requirements). The member does not have to re-submit an application as eligibility may be based on the CAF member’s initial application.
After April 1, 2024, VAC will no longer have authority to provide rehabilitation services, for Veterans whose health problems not resulting primarily from service led to medical release; and who:
1. applied for VAC rehabilitation services on or after April 1, 2024; or
2. were released from the CAF after March 30, 2024.

Plan Assessment, Development and Implementation

Veterans, who are eligible for protected services per paragraphs 1 and 2, will have their rehabilitation needs assessed and their rehabilitation plans developed and implemented in accordance with the provisions of the VWA in effect prior to April 1, 2019.
Rehabilitation plans for these Veterans will be assessed, developed and implemented in accordance with the following policy: Rehabilitation Services and Vocational Assistance Plan - Assessments, Development and Implementation
These rehabilitation plans will be subject to the existing and revised policy direction, such as:

Spouses and Common-law Partners

Spouses and CLPs of Veterans, who were determined prior to April 1, 2019:
1. to be eligible for vocational rehabilitation or assistance under section 9 of the VWA; and
2. as a result of a DEC would not benefit from vocational rehabilitation,
may apply for and receive VAC vocational assistance as well as rehabilitation services (vocational, medical and psycho-social).
Spouses and CLPs of Veterans who:
1. made an application under section 9 of the VWA prior to April 1, 2019;
2. had no DEC determination prior to April 1, 2019; and
3. would not benefit from vocational rehabilitation as a result having a DEC determination after April 1, 2019, due to physical and mental health problems resulting primarily from service,
may apply for and receive VAC vocational assistance as well as rehabilitation services (vocational, medical and psycho-social).
These eligible spouses and CLPs will be subject to all other aspects of participating in the Rehabilitation Program for eligible spouses and CLPs and will receive services in accordance with policies in effect after April 1, 2019 (for more details see the Rehabilitation Services and Vocational Assistance Plan - Assessments, Development and Implementation policy).
After April 1, 2019, if VAC determines that a Veteran has a DEC due to health problems not resulting primarily from service, their spouse or CLP will not be eligible to receive vocational assistance or rehabilitation services.

Diminished Earnings Capacity

On or after April 1, 2019, VAC may determine that a Veteran has a DEC due to impacts from health problems not resulting primarily from service, but is deemed eligible for rehabilitation services, when the following criteria are met:
1. the Veteran made an application under section 9 of the VWA prior to April 1, 2019; and
2. the Veteran is subject to an IRB transition provisions see Income Replacement Benefit - Transition Policy.
This DEC determination is completed for IRB purposes only. Spouses and CLPs will not be eligible for vocational assistance or rehabilitation services based on this DEC determination.
On or after April 1, 2019, VAC does not need to determine that a Veteran has a DEC due to impacts from health problems not resulting primarily from service, when the Veteran made an application under section 9 of the VWA prior to April 1, 2019; and an Earnings Loss Benefit is not payable to the Veteran on March 31, 2019. There are no other benefits contingent on this determination (i.e., Veteran would not be eligible for continued IRB and their spouse or CLP would not be eligible for vocational assistance or rehabilitation services).