4 year interim BOUNCED!!!!

[Dangerzone]

Hi all i have recently received a response after a 4 year wait (level 12 interim decision given on 2016), and final decision made to uphold the original as appropriate. Initial descriptor on 2016 was "table 8 item 17A level 12", and this was without an operative surgery. During the course of treatment, i underwent an operative surgery which prolonged the first 2years of interim to a further 2years. After years of treatments, medication etc was told I have achieved optimal recovery and nothing else could be done I am to adapt to life as much as I can (my surgeon words). 7 months prior to receiving the unfortunate decision, I went in for an independent medical examination to get an idea of how bad things are with the affected shoulder. After a thorough assessment/examination with all my medical records at hand, a final report was submitted to me after 2 weeks. In the report, I have sustained "permanent loss of function/impairment or a permanent reduction of function". This report was submitted to the AFCS. In their final decision, I was given Table 8 Item 17A level 12 (operative treatment with a substantive recovery) as mentioned above, however it does not reflect the true nature of the injury, I believe it should have been Table 8 Item 17 level 11 ( operative treatment with significant permanent loss of function or limitation) as the independent examiner had reported.
Do I stand a chance of a reconsideration or an appeal...any suggestions will be appreciated.

 

[exbluejob]

https://www.arrse.co.uk/community/threads/all-medical-chat-and-queries-in-here-please-dont-start-a-new-one-for-every-single-medical-question.257388/

 

[shiny_arrse]

https://www.arrse.co.uk/community/threads/all-medical-chat-and-queries-in-here-please-dont-start-a-new-one-for-every-single-medical-question.257388/

@exbluejob I'm not trying to shit stir but given @Dangerzone is not a recruit seeking advice on medical issues, that is not the thread they need.
Dangerzone, there are plenty of threads in this bit of the forum you can go through.
In answer to your question, yes, you do. I would also suggest contacting RBL and asking them for assistance.

 

[dingerr]

Hi all i have recently received a response after a 4 year wait (level 12 interim decision given on 2016), and final decision made to uphold the original as appropriate. Initial descriptor on 2016 was "table 8 item 17A level 12", and this was without an operative surgery. During the course of treatment, i underwent an operative surgery which prolonged the first 2years of interim to a further 2years. After years of treatments, medication etc was told I have achieved optimal recovery and nothing else could be done I am to adapt to life as much as I can (my surgeon words). 7 months prior to receiving the unfortunate decision, I went in for an independent medical examination to get an idea of how bad things are with the affected shoulder. After a thorough assessment/examination with all my medical records at hand, a final report was submitted to me after 2 weeks. In the report, I have sustained "permanent loss of function/impairment or a permanent reduction of function". This report was submitted to the AFCS. In their final decision, I was given Table 8 Item 17A level 12 (operative treatment with a substantive recovery) as mentioned above, however it does not reflect the true nature of the injury, I believe it should have been Table 8 Item 17 level 11 ( operative treatment with significant permanent loss of function or limitation) as the independent examiner had reported.
Do I stand a chance of a reconsideration or an appeal...any suggestions will be appreciated.

You can always appeal it and should if you feel it’s wrong, but you need to ensure you have the appropriate medical evidence. What you want and what you say has absolutely no bearing on the AFCS panel decision.

Have you seen a physio who will check your ranges and write a report you can use.

An OT will also help with evidence.

 

[snipper_eyezz]

Hi all i have recently received a response after a 4 year wait (level 12 interim decision given on 2016), and final decision made to uphold the original as appropriate. Initial descriptor on 2016 was "table 8 item 17A level 12", and this was without an operative surgery. During the course of treatment, i underwent an operative surgery which prolonged the first 2years of interim to a further 2years. After years of treatments, medication etc was told I have achieved optimal recovery and nothing else could be done I am to adapt to life as much as I can (my surgeon words). 7 months prior to receiving the unfortunate decision, I went in for an independent medical examination to get an idea of how bad things are with the affected shoulder. After a thorough assessment/examination with all my medical records at hand, a final report was submitted to me after 2 weeks. In the report, I have sustained "permanent loss of function/impairment or a permanent reduction of function". This report was submitted to the AFCS. In their final decision, I was given Table 8 Item 17A level 12 (operative treatment with a substantive recovery) as mentioned above, however it does not reflect the true nature of the injury, I believe it should have been Table 8 Item 17 level 11 ( operative treatment with significant permanent loss of function or limitation) as the independent examiner had reported.
Do I stand a chance of a reconsideration or an appeal...any suggestions will be appreciated.

Hello mate,

I am still waiting for my interim awards to get finalised. It's been 3 years since i got the same tariff like you at the time of claim. After that i have gone through few surgeries and lots of physio appointments. I am keeping everything i.e. reports, appointment letters etc almost everything related to my injury. And i am sure Vets UK will try to not give me any higher tariffs than that i have been awarded as they are always up to saving MOD money. I know i will definitely take them to tribunals too. My award is same like yours, which is level 12. But i have very less hope that Vets UK would give me any thing higher. So, as dingerr has already said, you need to appeal for it mate. Don't worry if you have got all the evidence and proof than i don't think there should be any problem to get higher tariff for you with GIP along with your awards. Best of luck mate and i will follow your thread over here.

P.S. Mate where did you get independent medical examination done for you? Did you go private?

Cheers.

 

[Dangerzone]

Thanks for the message of encouragement. I have filed for an appeal + written a reconsideration letter. One thing am confused about and hoping someone could help me understand is that, I applied for the afcs in 2016 (which is under the old legislation) and was given level 12 interim without an operative surgery. In 2018 injury got worse and so had an operative surgery. Under the old legislation, under which the intial award was made, I should qualify for level 11 which is injury expected to or had undergone operative surgery.

Now there is a New update/upgrade to the old legislation with added notes etc. My final decision has been based on the new one even though my application + initial award was made using the old legislation. Hoping someone could shed a bit of light if they were right in doing that.