PENSIONS
Appeal from Federal Court decision (2006 FC 225) granting application for judicial review of decision by Veterans Review and Appeal Board (VRAB) denying respondent pension disability benefits under Pension Act, R.S.C., 1985, c. P-6, s. 21(2)—Respondent suffering from high frequency hearing loss in left ear allegedly due to excessive noise exposure during course of military service—Applications Judge concluding VRAB erred in law by relying on Minister’s guidelines on hearing loss contained in Table of Disabilities to determine if respondent had disability rather than applying definition of “disability” contained in Act, s. 3(1)—Interpretation of “disability” in s. 3(1)—Appeal dismissed.
Nelson v. Canada (Attorney General) (A-158-06, 2007 FCA 200, Richard C.J., judgment dated 25/5/06, 13 pp.)