A 41-year-old veteran of the Canadian Armed Forces who served in Afghanistan has been awarded compensation for an injury she suffered after being punched in the head and thrown into bushes at a mess hall.
The veteran, whose identity is being withheld, served from Jan. 12, 2000, to Oct. 18, 2016, including a period in the Special Duty Area of Afghanistan from Feb. 6 to Sept. 5, 2005.
The claim was brought forward due to the veteran’s dissatisfaction with the Veterans Affairs Canada (VAC) Official Decision, dated July 24, 2020, which denied entitlement for the claimed condition of Lattice Degeneration with Retinal Hole in her left eye.
Additionally, the veteran was dissatisfied with the VAC Disability Benefit Decision, First Application, dated Sept. 7, 2021, which denied entitlement for the claimed condition of Disc Displacement with Reduction.
Both conditions were denied in accordance with Section 45 of the Veterans Well-being Act, pertaining to Reserve Force service.
‘Pension for Life’ amendments
Under the “Pension for Life” amendments to the Veterans Well-being Act, effective April 1, 2019, disability awards were replaced by pain and suffering compensation.
Hence, any applications for review, appeal, or reconsideration of a disability award filed after April 1, 2019, are treated as applications for pain and suffering compensation, with the deemed date of application being April 1, 2019.
The main issues addressed in the ruling were whether the veteran’s claimed conditions of Lattice Degeneration with Retinal Hole in her left eye and Disc Displacement with Reduction were directly connected to her Reserve Force service.
Events leading to injury
During the proceedings, the veteran provided detailed testimony, shedding light on the events surrounding her injuries.
She served as a member of the Infantry, attaining the rank of Sergeant. On Dec. 12, 2015, she attended a mandatory unit training, which included a sports period and the annual Christmas Dinner.
The training took place at the unit’s armoury, and the member was considered on duty as it was a mandatory activity.
After the dinner, she went to the mess, located in the same armoury, where she faced verbal abuse from other unit members. Feeling harassed, she decided to leave but was pursued by another unit sergeant, who physically assaulted her by punching her in the head and throwing her into the bushes.
Notably, the assailant was still serving in a senior leadership position within the unit.
Medical evidence
The medical evidence presented during the proceedings supported the veteran’s claims. The panel acknowledged the valid diagnoses of Lattice Degeneration with Retinal Hole in her left eye and Disc Displacement with Reduction.
Furthermore, it was determined that both conditions were caused by the injuries sustained during the assault.
While typically injuries sustained in mess incidents are not considered service-related, the panel recognized the unique circumstances of the case. It was established that the assault occurred after a day of mandatory training, in which the veteran was required to participate and was on duty.
The fact that the assault took place on CAF property and that the assailant was wearing a CAF uniform at the time were also considered. Additionally, evidence indicated the presence of sexual harassment, with the veteran feeling stalked and unit members being aware of her medical history and personal information.
Assault and injuries service-related: Panel
Based on these findings, the panel determined that the assault and resulting injuries were service-related. The veteran was recognized as a victim of Sexual Trauma, as defined by VAC. The panel granted full entitlements, awarding pain and suffering compensation for both conditions.
The effective date for retroactivity was set as May 1, 2020, in accordance with the Veterans Well-being Act. While there was a delay in the application process, the evidence did not warrant an additional payment under the Act.
For more information, see 100004722693 (Re), 2023 CanLII 61516 (CA VRAB)
