AFCS payout

Discussion in 'Army Pay, Claims & JPA' started by chris@v, Mar 19, 2013.

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  1. Evening all,

    Im having a bit of a dilemma with the AFCS, I injured my right knee in 2006 playing unit football and had ACL recon in 2007. I returned to full fittness but in 2010 i re-injured the same knee while again playing football for my unit. In Dec 11 i had surgery where it was found that my ACL had completley ruptured. The surgeon completely removed the ACL and decided that the knee felt stable while i was asleep so a second reconstruction was not warrented unless i developed instability.

    I have since tried to rehab the knee but have never regained fitness, i cant run etc without pain. I had recieved a payout from the AFCS for 'ligament injury which has resulted in full thickness rupture causing significant limitation and restriction at 26 weekswith substantial recovery beyond that date' this is where the problem starts; I have been made P7 MND Prem and the PAP 10 process has been initated and nearly finished (i am awaiting my App 22 to come back) i expect to be medically discharged. So as i was made permanently downgraded and told by the surgeon that the pain i get is joint degeneration and cant be fixed with revision ACL recon and i am losing my career, i thought it appropriate that i ask for a reconsideration of my patout in light of these facts.

    The next higher award is 'ligament injury which has resulted in full thickness rupture causing permanent significant limitation and restriction' this carries with it a GIP on leaving te service. The SPVA have replyed and said that they can not award the next level because the evidence shows that the knee has no instability, suggesting good ACL fuction? (I have no ACL) and that there is no evidence of a permanent limitation with the ACL? (again i have no ACL) Also that the pain i get is due to oestoarthritis. So they have changed my original payout to an interim which means i can't appeal this decision.

    I am confused as to how a ligament injury which has resulted in me being permantly downgraded and medically discharged does not fall into the next higher level? I would also like to know in what sircumstances the SPVA would payout for permanent ligament injury?

    Any advice or guidance would be helpful

    Chris
     
  2. Pretty difficult to advise without all the relevant info. I strongly advise a good long chat to the RBL and take all your documentation (to & from SPVA) with you.
     
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  3. Another vote here for RBL - forget the old bloke preconceived image, they are very professional, know their stuff and are a fantastic support tool.