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Welcome to meeting number 105 of the Standing Committee on Veterans Affairs.
Today, a witness is taking part in the study undertaken by the committee.
[English]
We have a two-and-a-half-hour meeting today, which is a little unusual, just to point that out for members in case anyone has forgotten. We will have an hour and a half with our witness, whom I'll introduce in a moment, and then we will be in camera for an hour on committee business.
For the public portion of the meeting, which is what we'll start with, we will hear from our witness who is with us this morning: Ms. Joanne Kimm. She is here to share with us her personal situation and how that might lead to some improvement, hopefully, for others in the future.
Typically, we give five minutes. You are our sole witness today. I think we can probably be fairly lenient on that, so we'll give you the time you need, within reason, of course.
I'll turn the floor over to you and let you give your opening remarks, and then we will go into questions from members in order by party.
Joanne, the floor is yours. Take it away.
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Mr. Chair and honourable members, my name is Joanne Kimm. I'm the wife of John Kimm. Thank you for inviting me to speak with you today.
My husband served in the Canadian Armed Forces' navy from 1989 to 2011. His overall service to Canada was 22.5 years, with over 11 years of that service being away from his family.
In 2022, my husband was diagnosed with stage 4 metastatic colorectal cancer, a cancer he got from using toxic chemicals while serving our country. My husband was awarded the maximum compensation for pain and suffering, in the amount of $334,424.65, and currently receives monthly compensation in additional pain and suffering, diminished earnings and income replacement benefits. He chose to receive the lump sum pain and suffering payment due to his diminished life expectancy diagnosis.
In May 2022, my husband couldn't breathe and fell. My son and I struggled to get him up on the bed. After calling 911, I sent my son and grandson out of the bedroom and sat with my husband. Honourable members, I have seen my husband cry twice in the 36 years that we've been together. Once was when my mother died. The second time was when he lay on the bed anxiously waiting for the ambulance, struggling to breathe. It gutted me when I saw him cry out that he didn't want to die. It crushed me knowing I could do nothing but wait with him for the paramedics to arrive. I had to hold back my fears, tears and emotions so that I could be calm for him. It was later revealed that my husband's oxygen levels were so low from blood clots in his lungs that he could have died.
My husband has received ongoing chemotherapy treatments, CT scans and MRI scans and had numerous oncology appointments. These treatments have not only impacted his physical and mental health but have also impacted our family's mental health. I have had to take time off work twice for mental anguish and exhaustion, and now I will be taking an unpaid compassionate care leave so I can be with him until he passes.
My husband was hospitalized twice this past February for pneumonia, and again in June for adverse reactions to chemotherapy treatments. His oncologist said the chemotherapy treatments were no longer working and that the best we all can do is to keep him comfortable. He does not anticipate my husband living into 2025.
Mr. Chair, while my husband has received excellent service from Veterans Affairs staff, and we have only high praise for them, their hands are tied to the policies they keep. We acknowledge that my husband has received the maximum pain and suffering compensation available; however, we worked out that it was the equivalent of 5.19 years of salary—five years for a disease that is robbing him of his life. I have watched this once strong man shrink before me. I am watching him wither from this disease. He shuffles and must use a walker to walk the 20 steps to the washroom. I almost cry when I see his spine and shoulder blades sticking out further from his skin now, his feet cold from the slowing circulation. I see him bend over when he sits because it takes too much energy to sit up straight. I hear him out of breath just walking the eight steps from his bathroom to our bedroom.
Excuse me for a minute.
As my husband's health continues to decline, he wants to make sure we're okay when he passes. He's a proud man. He was trained to follow orders and to not ask questions. He does not like to ask for help, so I come before you today, from Nova Scotia, to ask this honourable committee for help. I request a review of the pain and suffering compensation to find a way to increase it and to also put in motion a swift decision on steps to offer additional compensation to our family.
Mr. Chair, the pain and suffering compensation was extensively discussed by this committee between the years 2007 and 2010. On October 20, 2009, there was a discussion between Mr. Peter Stoffer and Mr. Brian Ferguson from Veterans Affairs about a comparison with the British lump sum payment.
Mr. Stoffer said:
I also have here information on what the British do for their HM Armed Forces personnel. They've doubled the upfront payment to £570,000 for the most severe injuries or death. That's quadruple what we give. This is one of the things I'd like to see changed. I know we work side-by-side in Afghanistan. The guys are sitting there, thinking: well, if you go, your family gets this; if I go, my family gets that. So maybe it's something to look at in the future.
Mr. Chair, I think that future is now.
Currently, the United Kingdom awards £650,000. This is the equivalent to over $1 million Canadian. The 2024 maximum lump sum for Canada is $440,991.96.
Canada is severely lacking in adequate compensation for pain and suffering. In these volatile economic times, it is essential that veterans know that their country truly appreciates their sacrifices for the freedoms we have today.
From fiscal year 2012 to present, Veterans Affairs has sent back hundreds of millions of dollars to Treasury Board. In 2022-23, it was $271,634,711, which is 4.77% of their budget. In fiscal year 2021-22, it was $920,995,685. That's almost a billion dollars.
In closing, Mr. Chair, I would like to thank this honourable committee for allowing me to speak today.
I also beseech this committee to forward recommendations to help my family now, before my husband passes. Veterans Affairs indicates that its priority is to help veterans. I'm asking for that help now.
Thank you.
First, I want to say thank you to your husband for his service to our country. Thank you for your service as his spouse and as his family member. Also, thank you for your strength in coming here today to share your family's experience, obviously with the hope that you'll see change. We thank you for that. We thank you for reminding us of the importance of ensuring that we do everything we can to be there for those who have served our country. Thank you very much.
We will now turn to questioning. We do that in order, by party. In the first round, each party will receive six minutes.
Our first person is Fraser Tolmie from the Conservative Party.
I really appreciate and want to echo what my colleague has said with regard to your coming here and sharing your testimony, and with regard to thanking your husband for his service. I believe you said it was from 1989 to 2011, which is 22 years. Obviously, you've shared a great deal of that journey. Quite often, spouses are not recognized for their service, commitment, sacrifice, and obviously advocacy, as you now come before this committee.
There are a couple of things that I wish to cover.
You made a comment with regard to the volatile economic times that we're presently experiencing. You talked about a lump sum. I want to unpack that a little bit, if you don't mind. Do you feel that the compensation you're receiving is covering the costs of inflation in the volatile economic times we're experiencing? Are you being adequately compensated right now?
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Thank you very much, Mr. Chair.
Mrs. Kimm, thank you very much for being here and for sharing your story and some of the challenges. I'm a Nova Scotian as well, so I'm very happy that you are here publicly sharing that information and some of the struggles.
I want to thank your husband for his service, and, as my colleague said, thank you as well. We know very well that when one individual serves, the whole family is actually serving. It's very challenging on that front.
I also understand you met with the . Is that correct?
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From my understanding—and actually, I have a letter—I'll be entitled to some of the benefits that we currently have. There's the veterans independence program, which I understand may be kept. That's the housekeeping and lawn maintenance program.
Of course, there is his pension, when it kicks in. Well, actually, he does get his pension right now, and there are a few other benefits, but some other things will of course not be available after he passes away. I think the diminished earning capacity and the income replacement benefits will go away, from my understanding. There are a few things that I'll be entitled to, but a few things that we won't have after he passes.
Mrs. Kimm, thank you for agreeing to come and testify. I know that what you are going through is very difficult, and you have my compassion.
You mentioned that your husband was diagnosed with cancer in 2022 and that his life expectancy, if it was left untreated, was six to 12 months. If he agreed to treatment, his chances of survival were 75% and his life expectancy was five years.
Mrs. Kimm, do you think his cancer was caused by his career in the Canadian Armed Forces?
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Yes. My husband, while serving in the navy, was exposed to toxic chemicals. He was also exposed to asbestos on some of the older ships he served on. AFFF was one of the chemicals they used in firefighting exercises. To put it into context, my husband was a marine engineer—or a “stoker”, as they called them—and quite often had to deal with toxic chemicals in the course of his duties. From my understanding from my husband, when they used, for example, the AFFF, which we now know is cancer-causing—it's renowned for it—it also leached into groundwater and poisoned it. When he was serving, they didn't use protective gear. They used it for a variety of things in the course of their duties, as I mentioned—for firefighting exercises and so forth—so he was exposed to very many chemicals, yes.
Cancer doesn't run in his family either, so it was quite shocking. When he was diagnosed, we were very surprised. It was unexpected. Just in talking to him and doing a bit of research...especially since many of his colleagues he served with also passed away from cancer. He did use a lot of chemicals in the course of his duties. Therefore, yes, it was from duty.
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Thank you for that question.
When we first found how how much we were going to be awarded, we were actually quite grateful. At that time, I didn't realize, though, that it was only five years of salary. We were just happy. We thought, “Finally someone's acknowledging that he got cancer from work.” It took a little while to settle in. My husband is the type who doesn't like to spend a lot of money, so he wanted to save some because we know that once it's gone, it's gone. We understand that.
However, after doing a bit of research into his file, I realized what it equated to. I thought, “Boy, a person who had a very lengthy career in the military, who is dying from that career, gets the equivalent of five years' salary.” That was shocking to us. And while it did help—that money did, of course, help, and still does—the realization of what he's going through versus the amount of money he got.... It just seems so unfair. He's losing his life. I'm not downplaying this, but he didn't lose a limb; he can't get a prosthetic. He's going to die before the end of the year; I heard it from the palliative care doctor and his oncologist.
While we are very appreciative to get that money, just from some of the other veterans I spoke to in our family, it's not enough. How do you put a dollar sign on someone's life? Obviously, you can't—you just can't—but I think the fairness.... After looking at what the United Kingdom provides for their veterans, it's quite shocking when I looked at a comparison.
I hope I've answered your question.
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Thank you for your question.
I wanted to come before the committee today to speak to you all because you are the body that can make a difference. You hear many things from many people. You affect policies. You affect legislation.
It's very important for me to sit here in person before you so that you can hear my story, our family's story, with the hopes that you are able and willing to make this change. It's so important. I was reading the committee mandate, and it says, “Pursuant to the Standing Orders, the government is required to respond to the opinions and recommendations presented in ACVA reports if so requested by the Committee.”
I'm here today in the hopes that you will help to effect change, not only for my family, but also for other veterans going through similar circumstances. Many are silent. They don't know how to ask for help. My heart goes out to those who cannot, because the freedoms we have today are only here because of those in the past who fought for us. Now, we really have to reciprocate. We have to fight for them, and that's why I'm here today.
To put it into context, I found out recently that we could apply for a clothing allowance, which was surprising to me, because I never would have thought of that. Because of my husband's condition, I'm quite often doing laundry. We get a small stipend for that.
Veterans Affairs needs to be proactive with veterans. We need to create a veterans liaison office that actively reaches out to individual veterans to find out how they are doing, what they currently get and whether there is anything else they may need. As I mentioned before, veterans don't like to ask for help. They're used to following orders, and they're used to doing what they are told to do. It's about having an office that reaches out to them to find out what they might need. Proactively establishing those systems so veterans can get what they need without having to come before Veterans Affairs with cap in hand, asking, “Please, sir, can I have some more?” would make a difference to so many.
My husband won't ask for help. It's up to me to try to do what I can to give him that help. Having a Veterans Affairs liaison office would be a big help to those veterans who can't ask for help, or who don't know what to ask for.
Thank you, Joanne, for being here today. I want to thank your husband John, as well, for the service he's provided to our country.
I know it must be difficult to take time away from your husband in order to come here and educate us on the issues at hand. I have to commend you. You're helping others. You want some help now, too, but you're trying to be a spokesperson for the veterans we don't hear from all the time, quite frankly. I really want to thank you for that. I think it's important that this is here before the committee.
Most of the time, what I've found in committees—I've been here since 2019, not always on this committee—is that we do a lot of studies. Usually, something is picked up from the media, more so than the actual study getting accepted. Sometimes we see change. Maybe that's something that could happen today. Meeting us is fantastic. It's good to get out there. You seem to be meeting all the stakeholders. You said earlier that you met with the .
When did you meet with the ?
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Okay, so it's not taxable.
For 20 years, it's $300,000, which is about $60,000 per year over five years. What would your recommendation be? If somebody got it after four years in the military, should they get the same amount as someone who served 20 years?
I'm just wondering what you're hearing from the veterans side. How would you judge? If it caused your cancer, no matter how long you were with the service, should that be the reason...? I know that the amount's too low, probably, but I'm having a hard time with the years of service part. It's great that you served 20 years, but if someone was there for four years and happened to get some kind of condition because of the military, should they get a lot less?
Thank you for being with us, Mrs. Kimm. Your testimony is powerful. Your husband would undoubtedly be enormously proud of your advocacy for him and for others in your situation.
Mrs. Kimm, there are a couple of things that I want to canvass with you. First, when we have veterans appear before this committee, most of the time they're here because they have an issue with Veterans Affairs, and it hasn't met their expectations. The number of veterans we have who repeat that is actually not aligned with the data that is collected by Veterans Affairs in terms of levels of satisfaction. Your story actually is. In your testimony today, you described your interactions with Veterans Affairs as providing excellent service. The staff have been fantastic. They've been very supportive. They've pointed you to other benefits, and you've been very fortunate.
When we have people here who aren't happy with their service, we delve into that in some detail, so I'm here to ask you to expand a bit on your satisfaction with how you've been treated by Veterans Affairs and their staff. Can you cite any specific examples for the committee?
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As did the minister, yes. I really appreciated that, because it showed me they cared. In this age of technology, it's easy to pick up the phone and ask someone, “What's your file number?” That's the first thing you have to give, your file number. To have a caseworker take time to come to our home and explain it to me and present a letter stating what we're entitled to now and what we're going to be entitled to when he passes, that went a long way. That showed me that staff really did care.
At other times, I've received phone calls from the other caseworker who's dealing with the VIP and the Blue Cross benefits. For example, I was trying to get approval for some in-home caregiving. I want to say it took about two and a half or maybe three weeks, and I was told that because it was a lot of money, it had to go up to the next level for approval, which, for me, is a bit frustrating, because no amount of money is enough, but that's a whole different discussion.
This woman took time to call me. It was a Friday. She said she was just about to log off and she noticed the approval came through and wanted to let me know right away so that I could let the service provider know. I was at a point where we were willing to just pay it ourselves before the approvals came in, because it got to the point where we needed someone to come in while I was at work. For her to take time on a Friday to do that for me meant the world, and it took a lot of stress off my shoulders.
Those are a couple of examples I can give to you.
With the little bit of time I have left, I would like to hear from you about the other benefits, separate and apart from the maximum lump sum for pain and suffering. I think if we're going to do a fair comparison of Commonwealth countries, the entire suite of benefits offered to injured and ill veterans is relevant.
I think what I heard you say is that there's a caregiver benefit, a veterans independence program, a military pension, a diminished earning capacity allowance and an income replacement benefit, along with the physical supports and the clothing allowance. Is that the entire list?
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That's a good question. Currently, we have our son and grandson living with us. My older son, ironically, is in the navy on the west coast, and he has his family out there. Initially, there will be a lot of paperwork. We'll then have to survive in a new normal state of family. That means that after all the paperwork is done and we know what we're entitled to, we'll be able to know how to move forward.
Of course, there will be a gaping hole without my husband, but, as we all know, life goes on with or without us. It's a matter of how we move on from that. I think he will be happy knowing I've done all I can to try to make a better life for our family. That's what it all comes down to. We all want what's best for our families. We take care of our families.
I think if he knows we're okay and we're going to be able to, for example, make the mortgage payments and make sure that we're able to move forward, it will give him peace of mind. Moving forward after he passes will of course be difficult, but we'll be able to do it.
Thank you again for this testimony. I'm finding it really helpful and very powerful. It was interesting for me to listen to some of the questions.
I just want to make sure I understand clearly what you're saying to us, which is that two things can be true at the same time. You can be happy with the kind service you've received—the fact that you've had a caseworker come to your house and help, and the fact that you've had the come to your home and learn about your story—but at the same time, you can be very disappointed with the fact that the compensation package you received was just not enough.
I just want to make sure that what I'm hearing from you is that both things are true at the same time.
My question for you now is about the process you're going through. You found out your husband was very ill and would not live for a very long time, and it is related to the service he provided to his country. I'm assuming you had a conversation with VAC about what the options are for you moving forward.
During that period of time, were there any emotional supports offered to you and your husband to have that discussion? One of the things I've noticed about the service is that there are a lot of good people, but they may not have that higher level of trauma-informed service delivery. It seems to me that if you're in that space of suddenly having to take on the possible death of your husband sooner than you ever expected due to a serious illness, and then you're looking at options and you're not sure which one is the best fit....
Was there any support for you and your husband during that time that dealt with how you were processing all of that trauma and grief and trying to face reality in that context?
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Thank you very much, Chair.
Joanne, thank you for being here today.
I appreciate the circumstances you're in. I've been on this committee for nine years now. I'm into my ninth year. Believe me, in my own circle of veterans, there are many who have experienced what you are experiencing at this point in time. I have deep feelings about that. One was definitely in the same circumstance as you. Of course, her husband wanted her to have that care level. He has passed away.
I think it's very important that we look at the fact that many veterans are well cared for and happy. We have 400,000-plus in this country, and many are well taken care of by Veterans Affairs. However, we have a certain cohort who seem to face constant challenges. They are listening today and, of course, cheering on your being here and your purpose. However, when they hear things like a caseworker coming to your home, or you having had time with the .... You've been offered things and provided with information that is not the norm for all veterans. What you mentioned about the need for a liaison officer has been brought up often in this place. I can't agree more with your thinking on that. It certainly says something of importance.
Can you share with us a round figure for the difference between what your husband is currently receiving through these various programs versus what you will receive for pain and suffering when he passes away? What kind of change is that to your family income?
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That's fair. Thank you.
I had a veteran just yesterday who reached out because he went to the VAC office. It wasn't in my riding. I'm from Saskatchewan. Ontario, of course, is across the country. He went, and there was no one there. He called and there was no answer. Basically, there was a notice that you could have a meeting, but you'd have to set up an appointment and then they would reach out to you. He found this very disconcerting. When you think that, across the country, there are many offices.... The idea is that when you have concerns or needs, they should be available to answer your questions.
Did you face that at all? How did you get in touch with Veterans Affairs? Was it through your Legion? Was it through an office? How were you able to navigate?
I'd like to make sure you understand how this works. We're pleased to have you here today. At the same time, in discussion, there are many others who I think could offer testimony in this circumstance. As a committee, our role is to study specific issues or policies. What we do is come up with recommendations, which then go to the minister. It is the minister who responds to our recommendations and determines which ones they would like to consider.
I am concerned about the fact that you had two meetings with the and she could not effect change. This indicates, I think, an imbalance between the role of the minister versus the deputy minister and the folks who run that. I would go back to the minister and see whether she could encourage a study on this issue, because it's true that it's very hard to make sudden changes to circumstances. I appreciate that you want long-term change, but you are also asking for a difference in your family's life. I applaud you for your efforts. However, I know that, in certain circumstances, suddenly, this can happen for some. This has happened with the critical injury benefit. There are rules and regulations around how it's processed and used. Then, all of a sudden, it is used differently, so—
Thank you, Mrs. Kimm, for being here and appearing before the committee.
I'd like to offer you some more time, since I'll be the last person who will be asking you some questions, to share with the committee your point of view. You mentioned how a lot of the benefits programs are not known, and therefore it is not known where and how to apply for them.
Can you share with us your view of what kind of system you feel would be helpful in your circumstance and to those who are listening and experiencing the same issue?
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My other thought on that goes back to serving members. My father was in the military, too, so I have quite a lengthy military family history.
Before a member actually gets discharged from military service, I know there are seminars they can take to discuss Veterans Affairs, and they're given some information on what they could be entitled to. I think it needs to go a bit deeper. We have to take a step back into DND and have them provide more information ahead of time to those who.... They might not need these services for 20 years, like in the case of my husband, but the information should be provided ahead of time, so that if something happens, they can refer to this binder or package of information that says, “Okay, if this happens to you, this is who you can contact, and this is what you might be entitled to”, and they have a clear and transparent picture of the services that could be available to them.
Just giving them that information could be very helpful for when the time comes and they are veterans, so they have something to look back on and say, “Oh, that's right. I have that in my package here.”
I was admiring the huge file that you brought with you, which obviously is what you're using to track everything for your husband. Thank you for being such a strong advocate. Not all people can speak during these hard times, and when you have the capacity to do it, I really appreciate your stepping up and doing it because, when you speak, you're not just speaking for yourself. You're giving voice to what a lot of veterans and their families are experiencing. Thank you for being willing to take that on.
When I look at that big file, I just wonder whether you can tell us how this process was for you in terms of applying for different things, and whether there was any resistance from VAC about accepting the fact that the cancer your spouse has is connected to service.
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The application process can be quite daunting. It's very intimate in what you submit because, of course, you're telling a stranger or a medical professional you've never met why you think you deserve this, and that can be hard for someone to express. It's like somebody asking you what you do in your job. You just do it. You don't think about the exact duties in what you do.
In filling out the application, I had to ask my husband some very interesting questions, and I found out some scary answers. For example, he had to hang upside down just to fix machines and things like that, and he injured himself doing this or that and I never heard about it. It was pretty scary to me.
These applications can be quite intense for some members, especially, I think, for those suffering from psychological afflictions. It can be hard to relive those on paper and try to express what happened without it triggering something.
In the case of my husband, just filling this out made me very upset and sad, and I felt really bad for what he had to go through. We, as a family, don't know what our spouses do in their positions. My biggest fear when he was at sea was what would happen if there was a fire. That was my biggest worry while he was away, but then to hear the other things while filling out this application was pretty shocking to me.
I'm sorry. I've gone off a bit.
The applications can be quite complicated and they take time.
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Yes. What you were referring to was having to give a lot of information about things that you weren't even aware of and that probably aren't easy to have to share with someone you don't know.
We've often heard from veterans, for example, that stuff that would have been on their file already could have been shared by the CAF with VAC. It would have prevented them from having to go through that stuff or having to retell that story to two, three or seven different people at Veterans Affairs over the course of some time, rather than just having to tell it once, which really is what should happen, I would say.
Was your experience that you had to retell this, or were you able to have it be just a one-time experience?
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Luckily for us, I only had to retell it a couple of times.
You mentioned something interesting, in that much of this would have been in his file. A lot of it wasn't in their everyday duties. Sometimes you don't see that on a formal piece of paper, because if they're firefighting or if they're doing this or that, you're not going to see some of these details. Therefore, when he's reliving it to me and I have to notate it or tell somebody, to learn of that was, like I mentioned, surprising and shocking.
To answer your question, I've only had to retell it a few times, but each time, yes, it is difficult.
You talked a lot about the lump sum. It sounds as if the two of you knew what you were doing with that fund. Of course, a lot of times, young guys suddenly have this money and it goes to the wind. I think educating veterans on how it would work best for them might be a good thing to offer. I'm wondering about that.
Also, now that you've been through this process to some degree, do you feel the lump sum versus the monthly pension will work better for you, following your husband's passing away? Do you see a difference, or are you happy with the fact that you've managed it well? That is what I am asking.
Mrs. Kimm, I also want to chime in and tell you how impressed we are with your testimony and how valuable your time here has been. Thanks again to you and your husband for your service to our country, which continues to this day.
You've now been testifying, I think, for an hour and a half, so a lot of the questions I originally wanted to pose have already been touched on in the committee. Forgive me if it seems a bit repetitive.
I was curious about how long it took for your husband's diagnosis to be accepted to have been caused by his work. You said that a lot of his colleagues were also affected by these chemicals—AFFF and asbestos. They didn't use protective gear. Regarding the colleagues who served with him, do you know whether they had a similar experience, in that they were accepted right away as having a disease directly related to their service?
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Pardon me. We're out of time.
That will end our time in this particular portion of the meeting.
We really appreciate your time with us here today, Mrs. Kimm. I think the committee members have learned a lot. Hopefully, the recommendations we make will lead somewhere further than where you've been able to get thus far. Thank you again.
We will close off this portion of the meeting.
I will suspend the meeting. I will just point out to members that I'm going to start again in about five minutes or less, at about 12:34. I know that people will want to have a chance to thank our witness in person, but let's make that brief.
If you're not a parliamentary staff member who is authorized to be in here for an in camera meeting, please leave the room quickly if you can, so that we can reconvene our meeting as quickly as possible for our in camera portion.
Again, thank you, Mrs. Kimm. It's much appreciated.