Disability Lawyer for Veterans: Your Legal Options When Denied in BC
Veterans of Canada may face long-term health challenges after their service ends. Some injuries show up right away. Others develop over time. When a condition prevents you from working, disability benefits can provide important financial support.
Despite this, many disability insurance claims are initially denied. If your claim has been rejected in British Columbia, you still have options. Speaking with a BC Disability Lawyer for veterans can help you understand the next steps and protect your rights.
This article contains general information and is not legal advice. For qualified legal advice, please call 604-876-7000 to get in touch with a BC Disability Insurance Lawyer for Veterans.
*Please note that if you are a union employee and are subject to a collective agreement that references a disability insurance plan, you should immediately discuss your claim with your union representative. Our firm may not be able to assist in these situations. Limitation periods can be very short—sometimes weeks—when a union grievance process is available.
What to Do When Your Military Disability Claim is Denied in BC
1 – Review the Decision Letter
Start with the rejection letter, making note of the insurer’s stated reason for denial, any missing documents, and what deadlines there are to appeal. Your insurer may state a specific deadline for internal appeals, but it’s important to understand that there are more options.
For example, if the insurer states you have two weeks to appeal their decision, that doesn’t mean your claim will be lost forever. In British Columbia, there’s an all-encompassing 2-year window in which you can file a lawsuit after denial. This is not impacted by the insurer’s internal appeal process or self-imposed deadlines.
2 – Confirm Which Benefit Program Is Involved
Veterans are eligible to receive disability benefits from different sources, including:
- Veterans Affairs Canada (VAC)
- SISIP Long-Term Disability
- Private long-term disability policies
- Canada Pension Plan (CPP) Disability
Each program has different rules, procedures, and deadlines. The strategy depends on which system denies your claim.
3 – Get Legal Advice from a Disability Lawyer for Veterans
Before appealing, it is strongly advised that you contact a Dyson Law disability lawyer for tailored legal advice. Our law firm has decades of experience fighting disability claim denials, and are well-versed in the bad faith tactics some insurers use to avoid paying out disability claims.
In many cases, you may need to take further legal action than just an internal appeal to secure benefits. Having a lawyer on your side puts pressure on your insurer to fairly assess the legitimacy of your claim. We can advocate on your behalf through private proceedings and file a lawsuit if negotiations fall through.
Overall, each case is different and who you’re seeking benefits from may change what you’re able to do legally. It’s important to get advice from a lawyer for clarification and to understand your rights.
Why Was My Military Disability Claim Denied?
Insufficient Medical Evidence
One of the most common reasons for disability insurance denial as a whole is insufficient medical evidence. This often happens due to a discrepancy between the amount and type of evidence an insurer expects vs. what’s standard medically.
Your doctor may support the claim that you’re unable to work, but the evidence they provide doesn’t always align with what your policy demands. This is why getting involved with an experienced disability lawyer is important to ensure your documentation is presented exactly as required by your policy.
A diagnosis alone does not guarantee approval. Insurers also look for documentation that explains:
- Why you cannot sit or stand for extended periods
- How cognitive symptoms impair concentration
- Why pain limits physical tasks
- How psychological symptoms affect reliability and attendance
Disputing How Your Disability is Connected to Military Service
VAC claims require evidence linking your condition to military service. If the connection appears unclear or unsupported, the claim may be denied.
This issue often arises in cases involving:
- PTSD
- Traumatic brain injury
- Chronic pain developing years after service
- Environmental exposure
Insurers Suggest You Can Work in Other Occupations
Even if your disability rules you out from certain occupations, your insurer can argue that you are still able to work in another occupation more suitable to your condition.
For example, if your previous occupation involved consistent physical labour, an insurer might suggest you transition to a sedentary office job.
To qualify or continue to qualify for benefits, you must show that you cannot perform any occupation suited to your education, training, or experience.
Surveillance and File Reviews
Some insurers conduct surveillance or review social media activity to determine how your condition affects your daily life.
However, a short video clip showing limited activity can’t reflect your overall condition.
Regardless of the reasoning, it’s important to not give up after being denied. Talk to a lawyer first about the strength of your claim, you may still be able to secure benefits despite initial or repeated denials.
How Do I Fight Back?
Please book a consultation with our disability lawyers to learn about your legal options.
While there are many options available, understanding the best path forward requires legal experience dealing with these types of claims. Some legal options that are available to others may not be available to you, and vice versa.
Speaking with a lawyer, even if you don’t end up needing legal representation, can help you make informed legal decisions and feel confident in your next steps.
Frequently Asked Questions About Military Disability Claims
How long do I have to appeal a military disability denial in BC?
In most cases, there is a two-year limitation period after the initial denial to file a lawsuit in British Columbia. Once those two years pass, you could end up losing your claim forever.
This limitation period mainly applies to private disability insurance claims, involving a private policy you purchased or one that was provided to you through an employer. This limitation period may not apply to VAC, SISIP, or CPP benefits. Talk to a lawyer for clarification on what deadlines apply to you.
Can I receive both VAC and LTD benefits?
Yes, you may be eligible to receive both VAC and LTD benefits. Receiving benefits from VAC won’t automatically rule you out from receiving private LTD benefits.
How does receiving both VAC and LTD benefits work?
In most cases, receiving both VAC and LTD benefits involves offset provisions. Typically, this means that the amount you receive from VAC would be automatically deducted from your LTD benefits.
For example, if your LTD policy provides $5000 in disability benefits per month, but VAC offers $1000 worth of benefits, you’d still only receive $5000 per month ($4000 from LTD benefits and $1000 from VAC benefits). Reviewing your policy on your own or with a lawyer can help clarify how benefits interact.
What veteran disability claims are common?
Military service can affect veterans in a plethora of ways, both mentally and physically.
Veterans may try to claim LTD benefits due to:
- Operational Stress Injuries (OSI), such as PTSD, depression, anxiety, and traumatic brain injury affecting cognitive functions.
- Hearing Loss and Tinnitus (constant ringing sound)
- Chronic Pain and Musculoskeletal Injuries