AFCS appeal advice

Hi all,

Wondering whether you can help me in a bit of a sticky situation. Injured my knee in basic training whilst crawling round a harbour (November 2016), had a little bit of physio on it before pushing through and passing out of training. Was in and out of physio for about a year until I submitted a claim in June 2018. It came back and I was awarded 6k which I was over the moon with. The detailed diagnosis was patella tendinopathy (caused by service) and it said “muscle or tendon injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation beyond 26 weeks”......... that was all well and good..

Here’s where it gets sticky, back in March 2019 the recu process had started where I would either be discharged or possible change regiments etc, I spoke with my doc who said the only £££ entitlement I will be due is from the AFCS (which I already had) now because of this whole medical discharge conundrum and because it said in the description beyond 26 weeks, (where at the time I was on over 100 weeks).. I also asked veterans UK how the tables work and tariffs and he said if it’s gone on longer I should be due more... so I asked for a reconsideration!

In November 2019 I got a letter saying that the AFCS had made a mistake and the actual payment is now £1.2k!! And that I would now need to pay back £4.9k.... and the new description now read “Anterior knee pain in one knee that is expected to cause functional limitation or restriction at 6 weeks, from when the claimant has made or is expected to make a substational recovery beyond that date”

How can the timeframe go from 26 weeks when I had it for roughly 75 weeks.... to 6 weeks when I’ve had it for 150 weeks? 3 years! I broke a bone in my finger and had a cast for 6 weeks and got more than they wanna give me for my knee!

As it happens the recu process finished as I signed off in August and am now just waiting to finish.

I want to appeal this but has anyone had any luck with the independent tribunal or any stories and are RBL good at helping you and do they understand it all? I now just want the normal 6k award to stand and it all to be over but don’t really want to lose even more if it goes against me again!

Anyone have any luck fighting AFCS and winning or am I pissing in the wind?

Thanks!
 
Hi all,

Wondering whether you can help me in a bit of a sticky situation. Injured my knee in basic training whilst crawling round a harbour (November 2016), had a little bit of physio on it before pushing through and passing out of training. Was in and out of physio for about a year until I submitted a claim in June 2018. It came back and I was awarded 6k which I was over the moon with. The detailed diagnosis was patella tendinopathy (caused by service) and it said “muscle or tendon injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation beyond 26 weeks”......... that was all well and good..

Here’s where it gets sticky, back in March 2019 the recu process had started where I would either be discharged or possible change regiments etc, I spoke with my doc who said the only £££ entitlement I will be due is from the AFCS (which I already had) now because of this whole medical discharge conundrum and because it said in the description beyond 26 weeks, (where at the time I was on over 100 weeks).. I also asked veterans UK how the tables work and tariffs and he said if it’s gone on longer I should be due more... so I asked for a reconsideration!

In November 2019 I got a letter saying that the AFCS had made a mistake and the actual payment is now £1.2k!! And that I would now need to pay back £4.9k.... and the new description now read “Anterior knee pain in one knee that is expected to cause functional limitation or restriction at 6 weeks, from when the claimant has made or is expected to make a substational recovery beyond that date”

How can the timeframe go from 26 weeks when I had it for roughly 75 weeks.... to 6 weeks when I’ve had it for 150 weeks? 3 years! I broke a bone in my finger and had a cast for 6 weeks and got more than they wanna give me for my knee!

As it happens the recu process finished as I signed off in August and am now just waiting to finish.

I want to appeal this but has anyone had any luck with the independent tribunal or any stories and are RBL good at helping you and do they understand it all? I now just want the normal 6k award to stand and it all to be over but don’t really want to lose even more if it goes against me again!

Anyone have any luck fighting AFCS and winning or am I pissing in the wind?

Thanks!
Loads of people have been successful in appealing AFCS decisions and if you'd done some basic research on here you'd know that. You'd also know RBL are the go to for AFCS appeals.

The way to a successful appeal is research, don't be lazy and do as much as you can, then let your representative do their work. If nothing else, should your rep miss something you can point them in the right direction.

Written with a touch of Sluggy to it, she'd have been a bit more raspy than me though :) RIP Sluggy
 

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