# 2014-121 - Class C Reserve Service, Post Deployment Reintegration Activities, Post-Traumatic Stress Disorder (PTSD)

Class C Reserve Service, Post Deployment Reintegration Activities, Post-Traumatic Stress Disorder (PTSD)

Case Summary

F&R Date: 2015–03–18

The grievor was placed on Class C Reserve Service and was deployed to Afghanistan on Special Duty Service (SDS). On his return, he underwent an Arrival Assistance Group (AAG) medical examination during which he was declared fit for duties. He completed his Class C Reserve Service and returned to normal Reserve activities. A few months later, during an Enhanced Post Deployment Screening (EPDS), the grievor presented symptoms of an Operational Stress Injury (OSI), which was eventually diagnosed by a specialist. The grievor was granted the Reserve Force Compensation (RFC) benefit in accordance with Compensation and Benefits Instructions (CBI) 210.72 effective the date he received the diagnosis.

The grievor argued that there were signs of his OSI at his original AAG medical examination and that the medical officer wrongly cleared him for duty. He asserted that his Class C service should have been extended in accordance with CBI 210.72(13) (Special Duty Area/Special Duty Operation) retroactively and to the date of his redeployment.

There is no Initial Authority decision.

The Committee reviewed the grievor's arguments as well as the professional medical opinions of the grievor's Base Surgeon and the Director Medical Policy and found these medical reviews to be objective, substantiated, professional and credible as they both concluded that there was no apparent OSI at the AAG medical screening, and that the medical officer did not err in declaring the grievor fit at that time.

The Committee had substantial reservations about the grievor's attributions to the medical officer examination during the AAG and was not convinced they could be relied upon to disregard the medical opinions. The Committee found that the grievor was not wrongly cleared as fit for duty by the medical officer at his AAG medical examination and that there was no requirement for immediate further screening. The Committee also concluded that once the grievor's symptoms of an OSI were identified during the EPDS, he was promptly referred for specialist care and once diagnosed was authorized and awarded the RFC benefit at his Class C service rate of pay effective the date of his diagnosis.

The Committee noted that CBI 210.72 as amplified by Canadian Forces General message 174/07 CMP 076/07 271856Z NOV 07 – Extension of Class C Reserve Service for Personnel whose Injury or Illness was Sustained on Special Duty Service, required that a member must be suffering from an injury, illness or disease while on SDS and that their incapacity was projected by a medical officer to extend beyond that service. Since there were no reports of an OSI type injury, illness or disease in theatre or on redeployment, the Committee found that the grievor was not eligible for an extension of his Class C sercive.

The Committee recommended that the grievance be denied.

FA Decision Summary

The FA agreed with the Committee's recommendation that the grievance be denied. The FA agreed with the Committee's findings but one: he found that the grievor had been injured during his deployment in Afghanistan, and that his mental injury was attributable to military service. However, the FA found that at the time the grievor was seen by the doctor, there was not enough information to diagnose him with a mental injury and prevent his return to work. Consequently, the doctor could not have recommended the grievor for a CI "C" extension under CANFORGEN 174/07.

Page details

Date modified: