OTTAWA, ON, April 15, 2003 - The case of Hugh Trainor of Summerside, PEI attracted national attention when on January 30, 2002 the Federal Court ordered the Veterans Review and Appeal Board in Charlottetown to reconsider its decision to deny veterans benefits to this 80-year-old civilian who never served in the Canadian Armed Forces.

He had first applied to the Department of Veterans Affairs for War Veterans Allowance, based on circumstances under which the Federal Government had paid his transportation and hotel expenses from Summerside, PEI to Halifax, Nova Scotia, where he was able to submit an application to serve in the Armed Forces. His application was rejected on medical grounds.

Mr. Trainor's case was based on the fact that he had crossed the Straits of Northumberland between PEI and Nova Scotia during wartime and was thus entitled to the special allowance paid to veterans who had overseas service, if they could not find employment. The War Veterans Allowance Board had previously declared that the Straits of Northumberland were a theatre of war.

The case was denied at first level adjudication by Veterans Affairs Canada. In the period from the 3rd of April 1995 until the 14th of June 1999, the case had been the subject of appeals for reconsideration and review submitted by the Agency within the Department which takes veterans appeals.

This Agency then appealed to the Federal Court which handed down a decision on the 18th of April 2000 suggesting the Veterans Review and Appeal Board reconsider. A further decision to approve the case was denied by the Veterans Review and Appeal Board. The case was then referred to the Federal Court on the 30th of January 2002. The court requested the Veterans Review and Appeal Board reconsider the case. The Board did so, denying the case on the 16th of July 2002.

Mr. Trainor then filed an application to the Federal Court for a further judicial review. The Veterans Review and Appeal Board again turned down the case. In the meantime, there was a change of Chairmen from Brian Chambers to Victor Marchand, who took the case again to his Board. This time the Board approved payment to Mr. Trainor, with one member dissenting. This will entitle him to veterans assistance including hospitalization, medical needs and other benefits under the Veterans Independence Program.

The National Service Bureau of The War Amps learned of the reversal which meant a favourable decision for Mr. Trainor only today, although the decision was made on March 31st of this year.

In reversing its decision, and approving the application for War Veterans Allowance, the Veterans Review and Appeal Board concluded that it had no alternative but to give a favourable interpretation to the Federal Court's ruling. In its decision the Board stated it had reviewed all the circumstances and, in asking for further reconsideration, the Court had obviously felt that Mr. Trainor qualified as a veteran.

Cliff Chadderton, the CEO of The War Amputations of Canada, had released a statement on January 31st, 2003 requesting Veterans Affairs Minister Rey Pagtakhan to support the decision of the Veterans Review and Appeal Board to deny the benefit, irrespective of the Federal Court's view that the case should be reconsidered.

In that statement, Chadderton noted that the case had been given nationwide publicity when the Federal Court had ordered the Department to once again review the application. He stated that veterans across Canada had objected to a favourable decision, based on the fact that Trainor had never served in the military forces of Canada during World War II. Chadderton concluded: "There is no basis under which a civilian could be declared a veteran unless such person had been admitted into the Armed Forces."

In commenting on the decision of the Veterans Review and Appeal Board -- Chadderton said that both veterans and many other Canadians had found it incomprehensible that Trainor, with no military service, could be granted veterans benefits.