Discussion in 'Armed Forces Pension Scheme' started by EScotia, Jan 25, 2012.

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  1. Just a timely reminder to anyone going through the process of a medical discharge due to injury in service.

    Today I got a letter from SPVA informing me they had decided my claim had failed as my injury was not due to service reasons. This is despite the injury happening during normal working hours, in an MoD building contained in a military Barracks doing a task I could reasonably be expected to do!

    I have obviously challenged their decision using the grounds they quoted, but my point for writing is be very careful to put full information down on both your claim form (if you have to complete one) and FMED 24. If you need to attached continuation sheets you must do so to get full details across.

    Link below is to the AFCS legislation which is what SPVA use, not JSP 765:
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  2. oO i had the wife type up 7 or 8 pages of a4 and numbered them iaw the guidance notes in the jsp on completing the fmed ready for the PSMB interview, although to be fair i had over 10 different forms ot complete and i think maybe 1 i did myselfXD

    i hope you got the title of your challenge letter correct or they might make you do it again as the guy down the road from me had ot do 3 times, lucky for me i got told what to put by the nice people in spva when i range them practicly in a flat spin ...

    i hope your challenge gets sorted before your out date or it will screw up them telling norcross to assess you as well, which might well result in you getting delayed assessment for any WP or GIP funny how they assessed mine purely under WP for soemthing that had reoccured with a vengance post 2006 ....

    bizzarly i still might be lodging another claim under both for a secondary problem that made the bloke doing the mri go rather grey in the face and tell me i need to get an earlier appt with the specialist or it might be too late, still i'm sure it cant be that bad or they wouldnt of let me go home .
  3. You've missed the point mate, my Med Board filled in the paperwork correctly saying I'm proper fucked, but the ******* at SPVA Norcross say that as I was on my way to wash my hands it wasn't a hazardous task in a hazardous environment nor was it training!

    Needless to say the appeal has gone in straight away, using the legislation (the link above) rather than the JSP which they don't refer to, countering all their reasons to reject my claim which should have resulted in a Tier 5 or 6 award. I'm very prepared to take this to tribunal and involve a few independent journalists that have expressed an interest!
  4. perhaps crossed wires, i meant the fmed part more than any other which is all based on the soldier and there responces

    and yeah norcross seem determined to save money by denying claims or admitting htem and then reducing the level wherever possible, if i was you i would get a copy of H&S legislation and add that to your complaint (if not done already) because unless you created the hazard which caused the accident or ignored a known hazard on purpose to have the accident (assuming you slipped tripped or fell as a result of a hazard whilst traversing the distance from the work area to the washpoint) they have no defence against a claim of a verified workplace accident (something i believe they have attempted ot defend at the high court a few times and failed)

    i'd keep the ace in the whole of public scorn via the media in the back pocket though, as i understand things passing info to the media wihtout written permisson from the brass is bad for payment prospects.
  5. Crossed wires? Understandable, Tramadol will do that for you! You are spot on about the FMED 24, it is vitally important spending time & getting advice when filling that in.

    I've quoted JSP's & legislation, explained the hazards of the workplace and, finally, my unit have said they will support me if necessary (about bloody time!).
  6. I had the whole "non service reasons" thing from AFCS and its taken me over 2 years to get to a tribunal date in the next 3 months.... AFCS tribunals are heavily overwhelmed at the moment so please be patient and hang in there. They WANT you to give up and go away.

    Good luck Escotia, especially with whatever made the MRI Radiologist go grey :(
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  7. Just an update on my AFCS claim which the lovely people at SPVA rejected. I appealed their decision which took 3 attempts and a recorded delivery before they acknowledged it and they eventually sent it to their reconsiderations dept.

    2 months later I've received a letter confirming they are upholding the original decision as:

    "In reconsidering your claim I sought advice from Defence Safety and Environmental Authority on the status of MT Bays as hazardous areas. In their reply they advise that MT Bays are not designated as hazardous environments in either MOD or Army policy. You were not engaged in a hazardous activity at the time of the injury; you were walking from one place to another. The training exercise for which you had been providing support had ended and you were in the process of returning equipment to the stores. An exception to Article 11(3) is not therefore established and no benefit is payable".

    I'm appealing this decision and will take it all the way to an independent tribunal no matter how long it takes.

    Just be aware, even though my injury was sustained on camp during normal working hours the SPVA could use the same argument for anyone injured in any location even on Ops!
  8. whilst exceptionally shitty it seems to be the standard that the awards service operates under, and it seems that essentially there declaring you were a civvy wandering about under your own recogniscence and as such as per standard entry caveates for any military building/base/camp do so at your own risk, odd they would take such a stance if your actually in uniform and wrapping up the end of task stuff like returnign gear to stores, but it does rather explain why all the ta bods where i used to work would do that stuff in there civi cloths then refuse to help wiht any of the unloading from the vehicles they just arrived with ......perhaps they all knew through experiance of the problems of claiming for injuries sustained on duty.

    to me there ignoring rather studiously there the fact that if your still on camp and the endex has been called its not over till the stores wallah says its all back unless your admin order for the ex was remiss in including you as the person detailed for that task i cant see they could actually win such a claim in tribunal or indeed in court.
  9. How much did you injure yourself slipping/tripping? Have you recovered or is it a long term/life injury?
  10. Dingerr,

    Completely ruptured left quadriceps. Repaired by drilling the patella & putting in pins, rope sutures fixed to quadriceps then winched down to pins & tied off. Leg immobilised to effect healing but followed a few weeks later by extensive DVT which has blocked all the veins in my left leg and will not get better. Vein valves now no good so blood pooling makes my leg look bigger than a big thing on a big day and I have to wear a compression stocking all the time to keep it within reasonable limits! To top it all off I had an abscess that had to be operated on and some months later, when physio started, it was found I had torn my cartilage which had to be cleaned up.

    Injury is life long and all the specialists say it will only get worse, possibly to the point of losing the leg.
  11. Have you considered legal action? MPH Solicitors in Manchester are very good at dealing with the military and do offer no win no fee depending on your case.

    In all fairness, AFCS was not set up to address injuries received circumstances such as yours.

    That's not to say I don't have every sympathy, it is shit and I hope you are duly compensated even if you have to go the long way round.

    Even though you have been denied AFCS you are still entitled to comprehensive treatment at Headley Court, which is far better than anything the NHS can provide.
  12. I was told by my unit after I got out of hospital that as NRPS I wasn't covered by AFCS/RFCS etc. so after being treated like something you would scrape from the bottom of your shoe by my CO & unit I decided to sue using Thorntons of Dundee (injury happened in Scotland so Scottish Law has to be applied). I later found out I was in fact covered so I'm currently out of pocket by £18,000 in legal fees plus the 25% of whatever the settlement is and the insurance policy premium.

    We were at a pre-trial meeting this week, 3 years on, and strangely enough after being told to poke their initial offer by my legal team they rapidly got their pre-trial settlement up by almost treble and still got told to poke it.

    The reason I'm chasing the AFCS is because of the GIP and tax free status for my pension. If I roll over I lose precious money to the tax man that I can ill afford thanks to the negligence of the MoD.

    One of the bonus's of this is that I've gained knowledge and started looking at legislation. If you read the legislation covering AFCS you will find that the excuses used to stop my claim could very easily be used against someone on Ops who suffers the same or similar injury. Consider this, you are on Ops and an insurgent attacks your location. Once it's all over you go to wash your hands/face or take a dump. On the way you slip/trip or fall causing a serious injury.

    Now according to the veterans agency you can't claim because you weren't in a hazardous area (attack was clearly over) or doing a hazardous activity (washing/taking a dump) and you weren't involved in training!

    Edited to add:

    As for rehab at Headley Court, I don't think so. My unit didn't even put me on WISMIS so I missed all the support & information I could have got at RECU (although as NRPS I'm not entitled to be posted there but I can get attached). I spent 2 1/2 years on daily physio on my own insistence at the local RAF base because all I got from the NHS was a booklet on physio exercises only to be told on my Med Board I was no longer covered by MoD insurance so I should stop.

    My last 6 months consisted of having to drive myself to work so I could read or download relevant info so I knew what was coming or should have been happening because the unit basically wrote me off and abandoned me. I got no leaving interview by anyone in the CoC (although my QM sent me a nice email saying thanks for all the help & advice I'd given him). My RSM even ignored my offers of a presentation to the Mess of a military print I had (even had a presented to & by brass plate on it) so it's still sat in my garage. Needless to say the presentation fund I had built up got divided between 2 worthy causes with no top up by the unit by way of a whip round.
  13. By your descriptor you would at best be awarded lvl 9 £40000 and 30% GIP payout. Your litigation has already risen above this limit, so you wouldn't receive anything.

    However, from what you describe, it sounds like surgery has caused your functional limitation. Once your injury is deemed level 12 or lower you'll receive nothing.

    It seems so little for the trouble and expense you seem prepared to go through for GIP.

    As for your rehab, that is a different matter and I would suggest you call your Bde PRU for best advice. That said I've not heard a good word said about the PRUs North of the Border. If they give no satisfaction try 49Bde. The CO and his PROs are excellent.
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  14. I've got the numbers if needed (but he already knows that!)
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  15. The advice I've received is either level 5 or 6 (items 1 & 3 of table 2) which equates to band B - 75% GIP payout and I'm aware that whatever the litigation results in will affect the AFCS award. As I've been medically discharged with a pension of less than £5k (taxable) and no possibility of working again, in constant pain and hardly able to walk I'm certainly going to fight to be able to better support my family.

    Appreciate the advice on PRU and it could have been a good idea while I was still in, but unlike regular soldiers and mobilised TA, NRPS cannot get posted to a PRU but can, if the unit arrange it, get attached. As previously intimated my unit did diddly squat for me.