VETERANS |
Yates v. Canada (Attorney General)
T-1633-00
2002 FCT 111, Hansen J.
29/1/02
9 pp.
Application for judicial review of Veteran's Review and Appeal Board (Board) decision concerning assessment of level of disability stemming from applicant's pensioned condition of diabetic retinopathy--Applicant, former member of RCMP diagnosed as insulin-dependent, Type-1 diabetic in 1983--In 1991, Board assessed partial pension entitlement at 40%--Subsequent diagnosis of diabetic neuropathy and diabetic retinopathy--In 1998, Minister of Veterans Affairs found both conditions pensionable as consequential to pensioned condition of diabetes mellitus--However, given applicant's visual acuity (20/20 bilaterally), level of disability for diabetic retinopathy assessed at nil--In August 2000 decision, Board concluded, after careful consideration of all evidence, applicant appropriately assessed at this time when applying Veterans Affairs Canada Table of Disabilities-- Applicant arguing lessening ability to perform normal acts result of lessening of depth perception and field of vision, unrelated to visual acuity--Application allowed--All of medical evidence before Board supporting applicant's contention visual acuity test could not produce accurate reflection of extent of disability arising from diabetic retinopathy--Upon review of Table of Disabilities and instructions regarding its use, no apparent direction requiring Board use measure of visual acuity to assess extent of every disability associated with eye--Therefore, in finding nil assessment, Board ignored relevant evidence and based decision on irrelevant consideration, namely measure of visual acuity.