Help: Back injury possible MD?

Discussion in 'Armed Forces Pension Scheme' started by Tempest-warrior, Feb 4, 2013.

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  1. Hi i am a serving soldier in the artillery i have served just over 4 years and recieved an injury in febuary 2012 during a pnco cadre course at first i was just given pain killers i was then given physio and they believed i just had tightened muscles in the lower back, when physio was not working and my pain was getting worse i awaited an Mri scan results showed The following;

    There is straightening of the lumber lordosis present theirs a grade 1 retrolisthesis of L5 on S1
    Theirs a diffuse reduction in the marrow signal seen on both the T1 and T2W images consistent with persistent red marrow. The conus appears normal and terminates at T12/L1. At L3/4 and L4/5 their is a posterior central/left paracentral disk herination present indenting the thecal sac anteriorily and contacting the left S1 nerve root as it exits the thecal sac.

    I am now on tramadol and amitriptyline with my condition not improving i have been referred to an orthopedic doctor who will give me a steroid injection 11/03/13... I have been really down lately as i am temp downgraded restricted of pretty much everything and fear i may not be able to carry on in the army and i will never have a normal back even after surgery if it comes to it. I am currently claiming against the mod for this injury i was just wondering if anyone could give me any advice on where i can seek assistance?
    Whats the chances of me been able to carry on in the army?
    Am i likely to be looking at a medical discharge?
    What is the process? As i am just restricted from everything due to my appendix 9 This will effect my life as i will never recover fully from this injury and it is really worrying any advice would be much appreciated! As everywhere i am looking i cant seem to find any information ..Thanks.

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  2. Hi Tempest.

    I am pretty much in the same situation. My back injury was June 2011. I have been to Headley twice and am now at a PRU. I am having six injections into my spine in March and if that doesn't work I will be having my spine fused. I was told on Thursday that I am going to be med boarded. Unfortunately a back injury can pretty much stop your career. The best bet would be to speak to your MO about what is happening and what will happen in the future.

    I hope your condition does improve, but always plan for the worst.
    • Like Like x 1
  3. Tempest, speak to your MO or civi doctor about what is going going and where it could go. Also chronic pain is one of the biggest cause of depression and just as you have to do rehab to exercise your joints and muscles, you can get thinking exercises to help tackle depression.
    • Like Like x 1
  4. All i would suggest is see a good pysho who should help you with the pain with exercises, and you should hopefully come off the meds really soon. Keep us informed mate how your getting on.
  5. sirbhp

    sirbhp LE Book Reviewer

    I just wonderd : if you got the injury at work and they bin you , would you get a pension or part pension or compensation at all ? or does crown immunity kick in . I seems to me that it would be wrong to bin you and not give you some form of compensation .
    Good luck .

    also my wife had a spinal fusion ten or more years ago in London , they went in through the belly to work on the spine apparently there was less chance of hitting a nerve and causing more problems . I have to say the op cost around 12/13 grand though. It gave her a new lease of life in the back department but she got MRSA due to the shitty state of the Whittington hospital .
  6. Pension, compensation and civil action re: negligence etc are all separate.

    Pension depends upon how they 'bin' you (medical or admin discharge) and scheme membership.

    If it is an admin discharge (for both schemes) you end up with a preserved pension unless you have served long enough to qualify for a pension immediately. If you do not qualify for a pension paid immediately you might qualify for a Resettlement Grant or, for AFPS 05, and EDP lump sum and income stream.

    If it is a medical discharge, AFPS 75 members qualify for a pension and lump sum, payable immediately and index linked to CPI straightaway. AFPS 05 members will get a pension and lump sum payable immediately and linked to CPI straightaway only if their condition is in Tier 2 or 3. Tier 1 ill-health (which most cases fall into) means a preserved pension and lump sum payable at age 65 plus a lump sum of between 6 months and 2 yrs pay, dependent upon length of service.

    Re: compensation, if your condition was caused by service you should claim in-service if it happened after 6 April 2005 (AFCS) and as you come up to leave if it was before that date (War Pension Scheme). Your file will be looked at automatically on discharge for attributable conditions. If SPVA award an AFCS Guaranteed Income Payment (GIP) for the same condition as caused the medical discharge, the GIP will be adjusted to take account of the pension but the pension becomes tax free.

    Re: civil action, the relevant section of the Crown Proceedings Act was repealed years ago so you can sue for compensation if you think there was neglect or some other shortcoming on the part of the MOD but you will not be compensated twice. If WPS or AFCS pays out, any award you get from the court will take account of it.

    I hope this helps. If you need further help on the pension side of things, join us and we will do our best for you. (IIS7) If you need help with the WPS or AFCS, contact the Royal British Legion, as they are the experts on attributable cases.
  7. I have a question concerning lump sum payment when discharged; I am being medically discharged within the year. I'll have done just over 4 years on AFPS 05, but I also have 8.5 years previous Svc (with only a 2 year break between), and I was previously AFPS 75 (with AVCs), which was transferred into my current Svc AFPS 05 within 6 months of my rejoin. Will I be looked at for pension purposes including my full service pensionable value, and would I be looking at a lump sum payment when I am released and then a preserved pension when I turn into a crusty later on?