AFCS GIP and right to medical pension

Hello all,

I'm wondering if there's anyone out there who will have a definite answer to my question- as I have been going from pillar-to-post!

Essentially, came to the end of my commission in 2013 even though medical problems were being investigated by Headley Court who asked that my commission was extended- this never happened.

Subsequently and very recently, I won my AFCS claim and was entitled to a GIP.

Question: as my medical injury relates to an incident during service, and given that the severity was such that I was awarded a GIP, am I entitled to a medical pension payable from the time I left the service, or not?

Also, apparently, there is an AGAI that states that if a medical pension is awardable, then this must be applied for within 12 months of leaving the service- this is what I was told by Army Manning. But the thing is- how would it have been possible for me to do this within 12 months of leaving if it has only just been acknowledged (by winning my AFCS) that indeed, I did incur a serious injury?

I'd be grateful for some specific advice!
 
Hello all,

I'm wondering if there's anyone out there who will have a definite answer to my question- as I have been going from pillar-to-post!

Essentially, came to the end of my commission in 2013 even though medical problems were being investigated by Headley Court who asked that my commission was extended- this never happened.

Subsequently and very recently, I won my AFCS claim and was entitled to a GIP.

Question: as my medical injury relates to an incident during service, and given that the severity was such that I was awarded a GIP, am I entitled to a medical pension payable from the time I left the service, or not?

Also, apparently, there is an AGAI that states that if a medical pension is awardable, then this must be applied for within 12 months of leaving the service- this is what I was told by Army Manning. But the thing is- how would it have been possible for me to do this within 12 months of leaving if it has only just been acknowledged (by winning my AFCS) that indeed, I did incur a serious injury?

I'd be grateful for some specific advice!
I was medically discharged almost three years and it was subsequently determined that my condition was due to my service, albeit not a specific injury. In the first instance, write to Veterans UK; it might be worth speaking to the Forces' Pension Society as well, as I have found that the pensions world in the MOD is very stove-piped. Additionally, Royal British Legion might be a source of guidance. Don't go to the ambulance-chasing pensions compensation companies.

One thing be cautious of: AGAIs are Army-specific and sometimes not in harmony with the JSPs and JSPs have primacy. I found that during my discharge from an Army-led unit - I was RAF and the Army rules, and their application by junior staff, were considerably more austere than the JSPs - it was only when I was posted to an RAF station for dekitting that many errors in procedures were identified. Veterans UK are, of course, aware of this and most JSPs are available online.

Seek copies of your medical records; MOD and single-Service medical records keeping has been abysmal and as I found out, they don't get transferred to the NHS on discharge.

One tragic case going through the courts for compensation as a result of poor record-keeping involves a Wg Cdr helicopter pilot who was referred to external consultants to investigate what was found to be cancer. His station medical centre simply dropped the reports into a filing cabinet and they were never reviewed by his Medical Officer(s) who showed no curiosity that they hadn't heard from the consultants. His condition is now terminal; this case has been dragging on for over three years and its doubtful that the Wg Cdr will benefit from any settlement.
 

Mosquito

Clanker
Your circumstances are indeed unusual. There are a number of dates that would be helpful to know:
- What was the date of your incident?
- Was your incident recorded as service-related at that time that it occurred?
- What was your date of discharge?
- Were you discharged on medical grounds?

Time limitations for AFCS claims are covered in Part 6 of the AFCS legislation (particularly paragraph 47). Someone may well correct me, but I believe that if you left in 2013 before 7 April the legislation is: The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, and during the rest of 2013, the legislation is The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.

However, you have been awarded a GIP so you must have met the AFCS requirements. The more interesting aspect of your case is to argue that you potentially should have been awarded an AFCS award in 2013 and whether Vets UK failing to do so (or to look into doing so) was an official error.

I recommend you get in touch with the RBL. Personally, I'd get in touch with my local Veterans Welfare Service as they focus on dealing with AFCS claims (the VWS near me in the SW are fantastic but others on this forum are more critical; one thing to note, the VWS operate separately to Vets UK).
 
I was medically discharged almost three years and it was subsequently determined that my condition was due to my service, albeit not a specific injury. In the first instance, write to Veterans UK; it might be worth speaking to the Forces' Pension Society as well, as I have found that the pensions world in the MOD is very stove-piped. Additionally, Royal British Legion might be a source of guidance. Don't go to the ambulance-chasing pensions compensation companies.

One thing be cautious of: AGAIs are Army-specific and sometimes not in harmony with the JSPs and JSPs have primacy. I found that during my discharge from an Army-led unit - I was RAF and the Army rules, and their application by junior staff, were considerably more austere than the JSPs - it was only when I was posted to an RAF station for dekitting that many errors in procedures were identified. Veterans UK are, of course, aware of this and most JSPs are available online.

Seek copies of your medical records; MOD and single-Service medical records keeping has been abysmal and as I found out, they don't get transferred to the NHS on discharge.

One tragic case going through the courts for compensation as a result of poor record-keeping involves a Wg Cdr helicopter pilot who was referred to external consultants to investigate what was found to be cancer. His station medical centre simply dropped the reports into a filing cabinet and they were never reviewed by his Medical Officer(s) who showed no curiosity that they hadn't heard from the consultants. His condition is now terminal; this case has been dragging on for over three years and its doubtful that the Wg Cdr will benefit from any settlement.
thanks for replying. Unfortunately Forces Pensions Society, veterans UK and RBL have been of no help at all; veterans uk can only take direction from Army manning- they do not take decisions on this specific matter and do not advise.

I already have copies of my medical records; by winning my AFCS claim it is an acknowledgement that my injury was related to tour of duty back in 2009. The question I am trying to answer is this: if you have been awarded a GIP am I eligible for a medical pension? I cannot find anyone to advise on this matter. I think it can only be answered by someone in the army legal services as this is quite specialist
 
thanks for replying. Unfortunately Forces Pensions Society, veterans UK and RBL have been of no help at all; veterans uk can only take direction from Army manning- they do not take decisions on this specific matter and do not advise.

I already have copies of my medical records; by winning my AFCS claim it is an acknowledgement that my injury was related to tour of duty back in 2009. The question I am trying to answer is this: if you have been awarded a GIP am I eligible for a medical pension? I cannot find anyone to advise on this matter. I think it can only be answered by someone in the army legal services as this is quite specialist
I can't see why this is a Service-specific issue. If Veterans UK can't or won't answer your questions, pass the matter on to your MP. That will focus attention in the MOD!
 

Forces Pension Society

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Ill health benefits from the pension scheme are only paid out when the cause of discharge is a medical one decided upon by a Medical Board. It is quite possible to be discharged 'normally' but still have a condition for which a GIP has been awarded.
 
ahhhh now that's something that I didn't know...

however, I never had the opportunity to have a medical board to ascertain this because my GIP was awarded many years after my natural tenure with the Army came to an end. How would I ascertain now if my medical problem is worthy of attracting a medical pension? thanks
 

Forces Pension Society

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You are not going to like it, but it is something you would have to take up with the Army as they discharged you. The pension scheme does not dictate personnel policy, I'm afraid. Rather personnel decisions determine what benefits are paid when.
 

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