A navy officer who blames his lung disease on time he spent aboard HMCS Halifax has been granted another chance to appeal the government's refusal to extend him benefits.

Henrick Ouellet filed the claim in August 2007, four years after first being diagnosed with advanced sarcoidosis. His claim has been rejected three times by the federal government, but a judicial review of the case just ordered a new appeal.

Federal Court Justice Cecily Strickland ruled earlier this week that a new appeal panel be named to hear Ouellet's case again. She ruled that a previous appeal panel was unreasonable when it discounted evidence presented by Ouellet's legal team.

She also suggested the panel set the bar too high when it came to determining whether there was a cause-and-effect relationship between the disease and the sailor's time aboard HMCS Halifax.

Blames air aboard ship

The federal government's case centred on the fact there is no known cause for sarcoidosis and so there can be no link between Ouellet's lung problems and what he claims was the "often questionable" air quality aboard ship.

In his claim, Ouellet blames his exposure to viruses, dust, mould and other airborne particles while onboard the ship for triggering his sarcoidosis.

Use of protective gear 'sporadic'

During his three years aboard HMCS Halifax, Ouellet acted as Above Water Warfare Officer and Deck Officer. During that time he said the ship underwent numerous work periods which involved deck grinding, burning, welding and other types of work that produced dust, smoke and smell.

"During this time the ship's air quality was poor, the use of respiratory protective equipment was sporadic," the claim states.

"And such equipment was often not available to those not directly involved with the work even though the impacted areas were often well beyond the immediate work area."

Unsuccessful appeals

His initial claim was rejected in October 2007. An appeal to a Veterans Affairs panel upheld that decision four years later. An appeal of that review resulted in another loss for Ouellet in 2015.

This week the Federal Court quashed the most recent appeal.

Attempts by CBC News to reach Ouellet and his lawyer were unsuccessful.