Advice on AFCS Appeal

[Muddy_Tankie]

Veterans UK "help" and AFCS issues

Looking for someadvice on AFCS appeal please...

Was diagnosed with PTSD in 2011 as a result of Ops on TELIC and HERRICK, but mainly, as a result, of a particularly shitty tour on HERRICK where we were regularly QRF throughout various AOs. Received treatment while still in but was MD'd in 2015, and then been under NHS and Combat Stress 2015 onwards.

AFCS awarded level 10 (ie have illness for 5 years) award, which I appealed with letters from two separate consultant psychiatrists confirming PTSD was permanent (had it seven years, and had all the treatment on offer, but reality is you learn to help cope with it, not cure it) - but Veterans UK replied with the following:

" - It is not a matter of our Medical Advisor overriding the opinion of treating clinicians but applying the legislation to the evidence in order to achieve an outcome.
- The term “permanent” is defined at Article 5 of AFCS 2011 and is not merely the dictionary definition. Article 5 states “Functional limitation or restriction is “permanent” where following appropriate clinical management of adequate duration an injury has reached steady of stable state at maximum medical improvement and no further improvement is expected.”
- Our decision is the opinion of Secretary of State based on the totality of the available evidence with which you disagree and are taking forward to an independent Tribunal . The independent Tribunal are entitled to make a different decision to that of Secretary of State."

My partner has used a lawyer and responded with updated evidence, stating that Consultant pyschiatrists acknowledge AFCS definition of Permanent, and that it applies to the case.

Just wondering if anyone else has had similar issues? And if so, how did you fight them?

The thought of being dragged through an appeal and stirring everything up in my head even more makes me feel sick, but i refuse to let them chin us off as i lost jobs, home and savings as a result of the issues.

I absolutely loved the majority of my 10 years in, but veterans uk have made me bitter at the system. If i didn't have my partner and kids i reckon i would have ******* set myself on fire outside of their offices in order to make them listen. Several of the lads from the Herrick tour have killed themselves, and no doubt that Veterans UK are part of the problem.. they didnt even get follow on treatment post discharge or any pension, so life turned shit pretty quick when they left. Ex mil network helps get the odd bit of work here and there, but totally get that its hard to keep offering jobs to someone who keeps ******* them up

Anyways, apologies for the rant.

 

[FBGM]

Muddy_Tankie,

I find myself in a very similar position. Despite first seeking help for PTSD in 2013 (from multiple incidents in 2009); most recently having 3 years of continuous DCMH treatment (unsuccessful); and having explicit permanent prognosis detailed in my Med notes, I was recently given a 2-year interim level 12 award.

My issue is that I cannot work, yet can't even appeal the decision until VUK finalise it in 2 years. I am confident that the tribunal will overturn your VUK decision (get assistance from RBL for free, or a lawyer)- but you shouldn't need to wait, nor should VUK be adding to your stress and anxiety. Do you have any idea how long you will need to wait for a tribunal date? It will all come down to evidence. VUK have none. If I were you I'd get as much as possible.

The legislation seems reasonable to me and would do the job if applied correctly. However, VUK's application of the legislation is damaging and wrong. I am still in for the time being and have nothing to lose so I am going to make as much noise as I can while the Army can't ignore me. I'm not sure it will help my claim, but if the problem is understood at a senior enough level, VUK can be brought into line to the benefit of those coming behind us. The problem is, I doubt the Generals are aware of what is going on.

Let us know how you get on, and good luck!

FBGM

 

[BobbHope]

I can't comment on PTSD with any authority (except that my brother has suffered from it since 1982) but I do know that the best way to deal with the AFCS is to take the emotion out of it and deal strictly in facts and evidence. It is my experience that they will use spurious reasoning to refuse or reduce payments. It's a little bit like insurance payments in that they will hope that you get fed up and walk away. The RBL can help and create a buffer although no one knows your case better than you. The legislation is pretty clear if you really study it and do not take the first, second or third reply for granted. Take your time to collect good evidence, most doctors will help you out but the wheels turn slowly. Once you reach the appeals stage you should find that you are treated fairly. The panel members don't have a pre-concieved decision made. All of that said I would not fool yourself that you're entitled to something if you really are not. My best advice .. keep calm, remain analytical and don't give up. You will also find plenty of understanding views and support on here. Good Luck.

 

[Jlc_13]

Veterans UK "help" and AFCS issues

Looking for someadvice on AFCS appeal please...

Was diagnosed with PTSD in 2011 as a result of Ops on TELIC and HERRICK, but mainly, as a result, of a particularly shitty tour on HERRICK where we were regularly QRF throughout various AOs. Received treatment while still in but was MD'd in 2015, and then been under NHS and Combat Stress 2015 onwards.

AFCS awarded level 10 (ie have illness for 5 years) award, which I appealed with letters from two separate consultant psychiatrists confirming PTSD was permanent (had it seven years, and had all the treatment on offer, but reality is you learn to help cope with it, not cure it) - but Veterans UK replied with the following:

" - It is not a matter of our Medical Advisor overriding the opinion of treating clinicians but applying the legislation to the evidence in order to achieve an outcome.
- The term “permanent” is defined at Article 5 of AFCS 2011 and is not merely the dictionary definition. Article 5 states “Functional limitation or restriction is “permanent” where following appropriate clinical management of adequate duration an injury has reached steady of stable state at maximum medical improvement and no further improvement is expected.”
- Our decision is the opinion of Secretary of State based on the totality of the available evidence with which you disagree and are taking forward to an independent Tribunal . The independent Tribunal are entitled to make a different decision to that of Secretary of State."

My partner has used a lawyer and responded with updated evidence, stating that Consultant pyschiatrists acknowledge AFCS definition of Permanent, and that it applies to the case.

Just wondering if anyone else has had similar issues? And if so, how did you fight them?

The thought of being dragged through an appeal and stirring everything up in my head even more makes me feel sick, but i refuse to let them chin us off as i lost jobs, home and savings as a result of the issues.

I absolutely loved the majority of my 10 years in, but veterans uk have made me bitter at the system. If i didn't have my partner and kids i reckon i would have ******* set myself on fire outside of their offices in order to make them listen. Several of the lads from the Herrick tour have killed themselves, and no doubt that Veterans UK are part of the problem.. they didnt even get follow on treatment post discharge or any pension, so life turned shit pretty quick when they left. Ex mil network helps get the odd bit of work here and there, but totally get that its hard to keep offering jobs to someone who keeps ******* them up

Anyways, apologies for the rant.

Hi, just wondering if you have an update on this situation?

I am in a very similar position where I was awarded tariff 10 and have appealed. They made my final decision in May 2018 and stated that my GP had said things which weren't the case. (Had a meeting with my GP and he wrote a letter stating the reasos afcs gave for not increasing my claim were incorrect.)

I'm just wondering have you been in employment since being Medicaly Discharged and are you in employment now?

And have you been given a tribunal date?