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Afcs rejected

X12GNR

Crow
Hi guys,just need a bit of advice here.i got medically discharged for knee injuries and my claim to Afcs got rejected. The original of my injuries is through playing a official rugby match I did go to A&E after that.The next day I went to the med centre to report my injuries on my way I did slipped again.so at the med centre there were two report one is from rugby and the second one is slip on my way there.i ruptured my ACl and MCL which is lead to my discharge.Afcs reject my claim as they said slip and trip doesn't count.i went to tribunal and I was advised to apply for my original injury which is from rugby and the judge rule out the slips as I got evidence from A&E,evidence letter of witnesses, Regiment orders,injury form etc.But the Afcs still rejected it eventhough one of their Rep was there when the judge says he will rule out the slip as it is not the original of my injuries and I have to reapply.anyone of you lovely people gone through the same situation?would love to hear your story.Many thanks
 

9.414

Old-Salt
AFCS article 11(3) applies to your later trip as you were not on hazardous activity:
Injury and death – exclusions relating to travel, sport and slipping and tripping
11.—(1) Except where paragraph (2) or (9) apply, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by travel from home to place of work or during travel back again.

(2) This paragraph applies where the travel referred to in paragraph (1) is—

(a)from the member's home or place of work to the place where an activity referred to in paragraph (6) is happening or during travel back again; or

(b)from home or place of work where a member is changing a place of work in the United Kingdom to a place of work outside the United Kingdom or during travel back again.

(3) Except where paragraph [F1(4) or (9) applies], benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by that member slipping, tripping or falling.

(4) This paragraph applies where the member was participating in one of the following activities in pursuance of a service obligation—

(a)activity of a hazardous nature;

(b)activity in a hazardous environment; or

(c)training to improve or maintain the effectiveness of the forces.

(5) Except where paragraph (6) or (9) apply, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by participation in sporting activity as—

(a)a player;

(b)a referee;

(c)an organiser or a representative of a particular sport or sporting organisation.

(6) This paragraph applies where—

(a)the Defence Council have approved the sport or sporting activity as being a sport which enhances the fitness, initiative and endurance of members of the forces, and prior to the event, the relevant Service has recognised the particular sporting event and the organisation and training for it; or

(b)the sporting activity is approved by the Defence Council which is undertaken for the purpose of meeting and maintaining the physical standards required of members of the forces.

(7) For the purposes of paragraph (6)(a), the Defence Council may approve a single sport or sporting activity or a class of such activities and may approve such activities unconditionally or subject to any specified condition.

(8) Except where paragraph (9) applies, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by reason of—

(a)attendance at a social event unless attendance was required by an order; or

(b)free time or a social event associated with the activities specified in paragraph (5).

(9) This paragraph applies where the injury, the worsening of the injury or death was caused (wholly or partly) by reason of—

(a)acts of terrorism or other warlike activities in each case directed towards the person as a member of the forces as such; or

(b)the member being called out to and travelling to [F2or from] an emergency.

(10) In this article—

(a)“home” means accommodation, including service accommodation, in which a member has lived or is expected to live for 3 or more months, and a member may have more than one home;

(b)“place of work” means the place of work to which a member is assigned or temporarily attached;

(c)“sporting activity” includes an adventurous course or an adventurous expedition approved by the Defence Council.
 
Hi guys,just need a bit of advice here.i got medically discharged for knee injuries and my claim to Afcs got rejected. The original of my injuries is through playing a official rugby match I did go to A&E after that.The next day I went to the med centre to report my injuries on my way I did slipped again.so at the med centre there were two report one is from rugby and the second one is slip on my way there.i ruptured my ACl and MCL which is lead to my discharge.Afcs reject my claim as they said slip and trip doesn't count.i went to tribunal and I was advised to apply for my original injury which is from rugby and the judge rule out the slips as I got evidence from A&E,evidence letter of witnesses, Regiment orders,injury form etc.But the Afcs still rejected it eventhough one of their Rep was there when the judge says he will rule out the slip as it is not the original of my injuries and I have to reapply.anyone of you lovely people gone through the same situation?would love to hear your story.Many thanks
Appeal, all the way to Tribunal.
 
I've done that the judge have advise me to re apply for the original of my injury which is from rugby and AFCS rejected it again and i did told them what the judge said so now they told me they'll relook at it again
That sounds odd to me. If you'd been to tribunal and the Judge made a recommendation then that would have been recorded and sent to veterans uk even if their representative had attended.

If what you're saying is veterans uk have rejected the tribunals recommendation then I think you have a very good reason to ask for an appeal to the upper tribunal.

Who was advising or representing you at tribunal because it doesn't sound to me that you've had good advice?
 

X12GNR

Crow
That sounds odd to me. If you'd been to tribunal and the Judge made a recommendation then that would have been recorded and sent to veterans uk even if their representative had attended.

If what you're saying is veterans uk have rejected the tribunals recommendation then I think you have a very good reason to ask for an appeal to the upper tribunal.

Who was advising or representing you at tribunal because it doesn't sound to me that you've had good advice?
Rbl lawyer. we did mention that to a letter to them that's why they said that they have to recheck it again..my lawyer wrote to them after they rejected it stating what the judge said and even one of Afcs rep was on the phone.its so annoying
 
Would I be able to claim for twisting my knee stepping out of bed in the block whilst in phase 2 training on a work day and then having an arthroscopy on my torn meniscus aswell as being downgraded and having more knee pain and problems since then? Thankyou
 
Would I be able to claim for twisting my knee stepping out of bed in the block whilst in phase 2 training on a work day and then having an arthroscopy on my torn meniscus aswell as being downgraded and having more knee pain and problems since then? Thankyou

No, slips, trips and falls are not covered.

Why do you think the Army should pay for you being clumsy cünt?
 
Because I wouldn’t of been in that situation if I wasn’t there ? I also paraded and was told to go on phys but then had to come off and went to med centre with pain and swelling, cheers
 
Because I wouldn’t of been in that situation if I wasn’t there ? I also paraded and was told to go on phys but then had to come off and went to med centre with pain and swelling, cheers

As I said, slips, trips and falls not covered.

No sympathy.
 
has anyone had an award for PTSD and i am 6 months over my review without any response apart from they are waiting for my doctors letter as i am discharged. I was doing alright for 6 months but always knew i had bouts of PTSD and depression. Recently had sopme really bad eposides of my trauma in which i was diagnosed with PTSD sent them evidence of time off work, 6 months off work due to PTSD, occupational health appointments, psyh letter and personal statement and will keep them updated on my treatment and statements.
Im really hoping i get what i think i deserve but got rewarded with a level 13 interim award, any success stories similar to mine who has good and bad days of PTSD. Only the last 3 months have i been sending them evidence that i still have PTSD and probably will for life.
 

Richie1305

Swinger
you will only receive an interim payment then it will be reviewed at the 2 year, then finally at the 5 year point. Level 13 is the standard awarded and what i had, I'm now 8 years down the line and just had level 6 pay out off a tribunal. Its early days for you so you cant do anything but collate all your evidence of your meds, therapy and keep it safe for your review at the 2 year point. You'll then receive another interim if your still suffering with it, then the 5 year point you'll be reviewed for the final time. It wont be any quicker than that I'm afraid mate but good luck with it all and hope you get better, but if not, keep absolutely all of your evidence to show at the next review pal
 
you will only receive an interim payment then it will be reviewed at the 2 year, then finally at the 5 year point. Level 13 is the standard awarded and what i had, I'm now 8 years down the line and just had level 6 pay out off a tribunal. Its early days for you so you cant do anything but collate all your evidence of your meds, therapy and keep it safe for your review at the 2 year point. You'll then receive another interim if your still suffering with it, then the 5 year point you'll be reviewed for the final time. It wont be any quicker than that I'm afraid mate but good luck with it all and hope you get better, but if not, keep absolutely all of your evidence to show at the next review pal
This interests me loads. I have an upcoming tribunal. I was diagnosed with PTSD in 2008 while still serving after tours as a sniper. Attended all shrink treatments in aldershot then was allowed to request termination of service while on heavy medication, having been on home leave for 6 months, receiving treatment and recieved no pre discharge Med, no final review etc.
Was awarded a Tariff 13 in 2010
5 years later 2015 still on psychiatrist prescriptions meds, receiving treatment, dwp benefits due to inability to work, after exceptional review was awarded tariff 10 ( Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years) Now this is 7 years after my initial diagnosis. Only reason for an exceptional review was my condition deteriorated continuosly leading to being stuck on medication that left me unable to even function on a daily basis. Now, because of missing one appointment in 2017 with Vets NHS wales because I was homeless and sofa surfing missing the letter. They are saying I did not engage with treatment. However they have a letter from my psychiatrist from 2019 again confirming my diagnosis, on going issues, the HUGE dosages I take to control the issues and are still pushing for rejection. I am now 12 years + since diagnosis and worrying they will use that one missed appointment to do me over....
 

Richie1305

Swinger
i think with you being in the same position i was in after 8 years, that shows its permanent condition mate as still suffering and re diagnosed post 5 years.

What treatment have you had in terms of therapy mate?
 
This interests me loads. I have an upcoming tribunal. I was diagnosed with PTSD in 2008 while still serving after tours as a sniper. Attended all shrink treatments in aldershot then was allowed to request termination of service while on heavy medication, having been on home leave for 6 months, receiving treatment and recieved no pre discharge Med, no final review etc.
Was awarded a Tariff 13 in 2010
5 years later 2015 still on psychiatrist prescriptions meds, receiving treatment, dwp benefits due to inability to work, after exceptional review was awarded tariff 10 ( Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years) Now this is 7 years after my initial diagnosis. Only reason for an exceptional review was my condition deteriorated continuosly leading to being stuck on medication that left me unable to even function on a daily basis. Now, because of missing one appointment in 2017 with Vets NHS wales because I was homeless and sofa surfing missing the letter. They are saying I did not engage with treatment. However they have a letter from my psychiatrist from 2019 again confirming my diagnosis, on going issues, the HUGE dosages I take to control the issues and are still pushing for rejection. I am now 12 years + since diagnosis and worrying they will use that one missed appointment to do me over....
Hey mate hope you get what you deserve as that’s a joke. I’m sure they honestly think it will go away with treatment. Obviously don’t fully understand the struggles and effects it has. I got diagnosed 3 years ago now, left Army 2 years ago medically discharged because of PTSD and didn’t get any help again until 6 months ago since things started to go wrong and it all came crashing down again. I’m sure I will get fucked off for anything higher than the level 13 they already gave me because I’ve only started therapy and counselling 6 months ago again, although couldn’t work for 6 months post discharge. My interim review is 6 months overdue and now they say you will either get a full answer or have another 2 years to work before your full review. I would be semi happy with level 10 but from what I’ve read it’s such a struggle and hassle to even get that. Don’t want to give up but life is hard enough as it is if all they do is **** me off because I only got help again because I fell off the rails again. Any advice or experience is most welcome pal
 

Richie1305

Swinger
Mate I fully u see stand what your saying but if your still receiving treatment, make sure you get another re diagnosis, and keep record of your meds, get a gp letter confirming your illness, you will be revised at the 2 year point and as your still struggling and having treatment you will get level 12 interim, then you’ll have to wait till the 5 year point for tour final review, just collate everything and keep it safe for the 5 year review. I was offered level 10, refused it, got offered level 8, refused and went tribunal and won level 6, it’s taken 8 years so it’s not a quick process but if you are still where you are now and had all treatment by that point you will get the right reward and tarrif so as long and hard as it is mate stick with it and don’t give up or let those bastards win, any help you need mate let me know
 
Hey mate hope you get what you deserve as that’s a joke. I’m sure they honestly think it will go away with treatment. Obviously don’t fully understand the struggles and effects it has. I got diagnosed 3 years ago now, left Army 2 years ago medically discharged because of PTSD and didn’t get any help again until 6 months ago since things started to go wrong and it all came crashing down again. I’m sure I will get fucked off for anything higher than the level 13 they already gave me because I’ve only started therapy and counselling 6 months ago again, although couldn’t work for 6 months post discharge. My interim review is 6 months overdue and now they say you will either get a full answer or have another 2 years to work before your full review. I would be semi happy with level 10 but from what I’ve read it’s such a struggle and hassle to even get that. Don’t want to give up but life is hard enough as it is if all they do is **** me off because I only got help again because I fell off the rails again. Any advice or experience is most welcome pal
Thanks for the quick advice mate, I’m just worried like others that since leaving I waited till I went through a bad state of affairs and experiences again before seeking help because the army didn’t do anything after being discharged. I’m just going to keep everything and go back on medication, send them all the evidence I can from PTSD NHS military veterans I am now seeing and see where it gets me in 1-2 years time. I now have a job that keeps my mind active and tbh really need the money but would be fuming if after proving PTSD is here to stay and get nothing for it. Like most I would rather not have PTSD and still have my career but that is no longer an option so I would want the most possible that makes things slightly easier. Cheers for the insight it’s just a waiting game and then refuse any offer that may come my way
 
Can anyone help me to understand the interim’ I got a interim award 2 years ago £10,000 and after my review at the 2 year point they have now given me another 2 year interim what does that mean I have to wait another 2 years to get a final settlement or do I receive another £10,000 and then in 2 years they make there final decision?
 

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