Questions and Answers – Agent Orange Claims - 2017

What if my Agent Orange claim has already been adjudicated by the Board?

You should contact the Bureau of Pensions Advocates (BPA) to discuss your case. Some Veterans organizations, such as the Royal Canadian Legion, also provide free representation.

What if my Agent Orange claim has been adjudicated by Veterans Affairs Canada, but I have not (yet) applied to the Board for a Review.

You should contact the Bureau of Pensions Advocates (BPA) to discuss your case. Some Veterans organizations, such as the Royal Canadian Legion, also provide free representation.

What do the Federal Court decisions say?

The Federal Court decisions, when reviewed as a body of law, have made clear that the Department and the Board have been incorrectly evaluating the Furlong Report. These decisions establish that the Furlong Report cannot be relied upon to support the conclusion that military personnel posted to Gagetown during the spraying periods were restricted from entering the areas in which Agent Orange was sprayed. In particular, from Norman Allan Blount v. Attorney General of Canada, 2017 FC 647:

• “the Board could not reasonably conclude that [the Furlong Report] was the best evidence on [whether military personnel were restricted from the spray sites] when it was faced with conflicting evidence from Mr. McAllister and witnesses who served with him at CFB Gagetown”;
• “The Furlong Report cannot stand as conclusive evidence that Agent Orange was sprayed in an ‘unused’ area”; and
• “the Appeal Panel’s determination that the Furlong Report was ‘the best evidence’ as to what took place at the Base can no longer be considered as being valid in view of McAllister (2014).”

In general terms, the Federal Court has identified some evidentiary gaps, particularly:

• the location and movement of units in the CFB Gagetown training area before, during, and, after the Agent Orange spraying periods in 1966 and 1967; and
• a comparison of those locations and movements with the Agent Orange spray area.

Does this mean that I will get a favourable decision from Veterans Affairs Canada?

The Veterans Review and Appeal Board cannot speculate on decision outcomes at Veterans Affairs Canada.