Background:

• Alexandre Dmitrienko, a 60-year-old RCMP officer, sustained a knee injury in 2016, leading to complications, including pulmonary embolism (PE) and deep vein thrombosis (DVT).
• Dmitrienko claimed ongoing cardiorespiratory issues were related to PE, termed "Post-PE Syndrome," a controversial medical term requiring more study.
• He sought disability benefits from Veterans Affairs Canada (VAC), which recognized some conditions but not his cardiorespiratory impairment as related to PE.

Key Points:

1. Judicial Review Request:

   • Dmitrienko requested judicial review of the VRAB Reconsideration Panel's decision, which denied his application for reconsideration??.

2. Claims and Assessments:

   • VAC initially recognized venous thromboembolism and internal derangement of the knee, granting a 15% assessment.
   • The VRAB Review Panel assessed his PE at "nil" and maintained a 15% assessment for venous thromboembolism??.
   • Dmitrienko argued the Appeal Panel wrongly framed the issue, failing to link his cardiorespiratory symptoms to PE??.

3. Reconsideration Panel Decision:

   • The Reconsideration Panel found no new evidence or error of fact or law to reopen the Appeal Panel's decision??.

4. Applicant's Arguments:

   • Dmitrienko raised issues about procedural fairness, errors in fact and law, refusal to exercise jurisdiction, and failure to consider all evidence??.

5. Court's Findings:

   • The Court found the Reconsideration Panel's decision reasonable and without breach of procedural fairness.
   • It noted the Panel's role was limited to assessing new evidence, errors of fact, and law, and did not need to refer to every piece of evidence??????.
   • The Court recognized the Applicant's severe symptoms but concluded the lack of medical evidence linking these to an entitled condition (PE)??.

Outcome:

• Successful Party: Attorney General of Canada.
• The Court dismissed Dmitrienko's application for judicial review, upholding the Reconsideration Panel's decision.