1 total
Judicial review granted; VRAB decision on veteran's disability pension unreasonable for ignoring uncontradicted medical evidence.
The applicant, a veteran, sought judicial review of a second reconsideration decision by the Veterans Review and Appeal Board Canada, which withheld one-fifth of his disability pension for a back condition.
The panel determined there was insufficient evidence connecting the applicant's 2009 soft tissue injury to an x-ray showing degenerative disc disease one month later.
The Federal Court granted the application, finding the panel's decision unreasonable.
The Court noted the panel ignored medical evidence without seeking its own independent medical opinion under section 38 of the VRAB Act and failed to apply the evidentiary rules under section 39 of the VRAB Act, which require resolving doubt in the veteran's favour.
The decision was set aside and remitted to a differently constituted panel.
