- Parties: The appellant was Alexandre Dmitrienko. The respondent was the Attorney General of Canada. 

- Subject Matter: Veterans’ Affairs Canada partly granted the appellant’s application for a disability pension relating to his original knee injury but dismissed his claim for benefits for his cardiorespiratory condition. He appealed and argued that his cardiorespiratory impairment resulted from the pulmonary emboli (PE) that developed after his knee surgery. The Veterans’ Review and Appeal Board (VRAB)’s Assessment Review Panel dismissed the appeal upon finding that the medical evidence failed to establish a link between his cardiorespiratory symptoms and the blood clots in his lungs. The VRAB’s Assessment Appeal Panel held that he was not entitled to additional pension benefits upon determining that medical reports from qualified medical practitioners stated that his cardiorespiratory symptoms were unrelated to his PE. The Federal Court found that the Appeal Panel treated him fairly. 

- Ruling: The appeal court ruled in the appellant’s favour, allowed the appeal, remitted the application to a differently constituted Appeal Panel of the VRAB for a fresh hearing with the direction for it to consider Dr. Cameron Stuart’s report, the rest of the medical evidence, and any other evidence and key submissions made by the appellant. 

- Date: The hearing was set on Nov. 20, 2024. The court released its decision on Nov. 20, 2024. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: The appeal court awarded the appellant costs, fixed in the amount of $1,000.