Afcs appeal

Hi wonderring if anyone here can help,Been dealing with vet's UK for 7yrs now for ptsd,had tribunal in Dec last year which was adjourned and the judge directed vets UK to provide me with a consultant to eveluate my condition.Vets UK kept sending msgs due to covid we are on able to organise a face to face appointment uptil last week i rang them and got really uneasy with them on the phone until they now finally wrote to the tribunal saying they can't organise a face to face or remote consultation.The judge also wrote back given them aweek to respond and explain why.They came back today answering due to covid the instuition providing them with the experts are not opperating and cant provide a date to when they can.My question is will the judge now make decision base on evidence currently available or wait for Vets UK who already confirmed they cant provide a date to when i can see a consultant.This at the moment is making me so nervous and frusterated.
 

Mosquito

Clanker
Hi,

Sorry to hear about all this stress you're being put under, particularly with the challenges that you've had. I'm much more familiar with WPS tribunals than AFCS ones but the tribunal procedures are similar.

I recommend:

1. Don't allow a tribunal hearing to be arranged until you are happy that all the necessary evidence is in place.

2. Email the tribunal team and state that VeteransUK have not undertaken the direction given re arranging a consultant examination/report. Their email address is armedforces.chamber at justice.gov.uk.

3. Ask the tribunal to ask Veterans UK when they/their experts will be able to arrange such a report and if that period is anything more than 3 months, will the tribunal be willing to apply Paragraph 24, "Medical examinations and commissioning of medical evidence etc." of The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008. Sub-paragraph 3 is the important one for you, which I've copied in below (although, the tribunal may say that until you have you first hearing then they haven't formally opened your case and therefore can't apply this clause, but it's worth asking anyway):

(3) If a medical or other technical question arises in a case the Tribunal may—

(a)request a medical or other technical specialist to provide a report in relation to the question; and

(b)if the question is a medical one, arrange for the appellant to be examined for the purposes of the preparation of such a report.


Feel free to pm me if you'd like to discuss anything in detail. I log in roughly once a week so won't always see messages straight away.

M
 
Thank you M,The judge did that and ask them when they could provide the report and vets UK replied saying they cant give them a date as the independent organisation that does there consultation are not holding any consultation at the moment face to face neither remotely so in this case they can't give a date to when a psychiatrist report can be arrange.
The judge have now ask for a CMC between vets UK and my RBL to discuss ways forward.What should i do as this is really putting so much stress on my now honestly and tired of the mess about from vets UK.
 

Mosquito

Clanker
Thank you M,The judge did that and ask them when they could provide the report and vets UK replied saying they cant give them a date as the independent organisation that does there consultation are not holding any consultation at the moment face to face neither remotely so in this case they can't give a date to when a psychiatrist report can be arrange.
The judge have now ask for a CMC between vets UK and my RBL to discuss ways forward.What should i do as this is really putting so much stress on my now honestly and tired of the mess about from vets UK.
I'm pleased to hear that you've got the RBL assisting and it is good that the tribunal has asked for a case management conference; that's a sensible first step.

The main tip I give people with a tribunal coming up is to make sure your evidence is consistent. If your evidence is consistent and your/your representative's arguments are sound (and realistic), then the tribunal are more likely to be supportive of your claim.
 

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