how do SPVA work out the % for disablity?

#1
hi does any one know how SPVA work out the % of disability when you get MD, do they do it on each injury or do they do it as a whole ?
many thanks
 
E

EScotia

Guest
#2
I honestly don't think they know themselves :), but are you sure you're looking at the War Pension Scheme or AFCS?
 
#4
for an md under afps 05 the psmb works it out by assigning you different numbers on a chart which leads to them deciding on your "worst condition" they can also assign values for other "listed" condtions, your free to request a copy of that paperwork (and you should do so) but there under no obligation to offer copies of it.

it works along the same idea as the pullheems which gives your med grading...

without asking for the copy of the form with all the numbered boxes and the assignments from the med board (I've forgotten the form number) it would be impossible to make an educated guess at any disability level.

there are fixed allowances under afps05 for certain conditions the back of the booklet "your pension scheme explained" carries the level details (15 levels split into 3 tiers)

the tier applicable gives your medical pension rate you should receive, once the SO1 MED at APC has sent you the confirmation of discharge letter it should give your condition level and that will indicate what tier award you will receive.

for WPS/AFCS your assessed by a doctor on your applicable condition(s) to determine what else you qualify for.

for instance I had 3 listed conditions that made me p7, the most restrictive was nominated as my PIC and they were then used to calculate my level of disability and gave me a tier 2 award (because some levels cross over between two tiers its possible that on reflection SPVA when working out the pension will give the lower or higher tier than you expected)

for me I received originally a tier 1 award but I should of received a tier 2 or 3 (given the level of assessed disability) I wrote a letter to them (well ok my wife wrote it I write like a spastic) complaining at there incorrect award and had it revised to tier 2

sometimes they get it wrong because someone ticked the wrong box on JPA when entering the details, if you believe your award is wrong then complain about it, it caused me problems but nothing insurmountable.

my wps/afcs decision took a lot longer than normal to be generated (2 years) and there are threads reference those problems on arrse about that

if you think any of this is applicable to you then feel free to pm and ask, Escotia inarguably has the most recent info and is probably the best bet for guides to helping yourself.

maybe its helped you work a few things out a bit better though
 
M

Michaelo

Guest
#6
how do SPVA work out the % for disablity?
I tried asking this question to the RBL and this was their reply.

Dear Mr Michaelo,



Thank you for your email. The operations you have had and the pain you are in will be taken into account with the Review. If you are not happy with the decision on the review you will have the right of appeal and if you wish The Royal British Legion can represent you.



Please let me know how you get on with your Review.


Regards


Ann
Ann Pemberton
War Pensions and Compensation Co-ordinator
The Royal British Legion
Haig House
199 Borough High Street
London SE1 1AA
How can they take pain into account? Is it measurable and recordable? Different people, different pain thresholds.
 
E

EScotia

Guest
#8
The Statutory Instrument number 606 of 2006 is still in use:

http://www.legislation.gov.uk/uksi/2006/606/pdfs/uksi_20060606_en.pdf


Reading para 42, the determination of disablement is, at best, guess work!

"... the degree of the disablement due to service of a member of the armed forces shall be assessed by making a comparison between the condition of the member as so disabled and the condition of a normal healthy person of the same age and sex, without taking into account the earning capacity of the member in his disabled condition in his own or any other specific trade or occupation, and without taking into account the effect of any individual factors or extraneous circumstances; ...."

The amendments to this SI are:

http://www.legislation.gov.uk/uksi/2006/303/pdfs/uksi_20060303_en.pdf

Amendments to do with part time treatment allowance.

http://www.legislation.gov.uk/uksi/2006/1455/pdfs/uksi_20061455_en.pdf

Amendments to wording regarding constant attendance allowance, wording regarding medical expenses, changes to commencing dates of awards after payment suspension and the interpretation of the wording "living as a spouse."

http://www.legislation.gov.uk/uksi/2012/359/pdfs/uksi_20120359_en.pdf

amendments to unemployability allowances, withdrawal of claims, disablement due to service in the armed forces, death due to service in the armed forces and script amendment in schedule 6 (interpretation) and amendments to schedule tables.
 
M

Michaelo

Guest
#9
"... the degree of the disablement due to service of a member of the armed forces shall be assessed by making a comparison between the condition of the member as so disabled and the condition of a normal healthy person of the same age and sex,
Unfortunately with having the 'Disabled Olympics' plastered all over our TV screens we are shown that even disabled people can surpass a normal healthy person in mobility. I feel it's wrong to do this SPVA comparison test but I fail to come up with an alternative suggestion.
 
#10
Quote, 'assessed by making a comparison between the condition of the member as so disabled and the condition of a normal healthy person of the same age and sex',


I suspect it can be a positive or negative factor as, similar to other claims which must meet certain 'gates' before being claimed there is the possibility of being fair with some lee-way for the persons condition. Where it is pre-set, any disability will get very little lee-way on its actual effect on each individual. Not clinical which means someone invariabily will lose out but i still think it better than measurements as i suspect if DWP could they would put electrodes on you to measure exactly how much pain is generated when you move, etc. As i have just had my home assessment and waiting probably 6 to 8 weeks for the result, I really hope that the doctor who examined me only saw very fit, non smoking health freaks or I could be doomed;-P
 
E

EScotia

Guest
#11
The problem with the assessments is not necessarily the assessment itself. Having requested & read my WP assessment conducted last year I was astonished at how crap & inaccurate it was (I was still awarded 30% though).

Saying that, the Dr that examines you does not in any way apportion a % disability in their report, just reports (supposedly) what they've seen during the assessment.

That means someone else (may not even be a Dr) who see's a minimalist report and not the person themselves makes a guess on how disabled you are compared to a normal healthy person of the same age & sex.
 
#12
Quote, 'assessed by making a comparison between the condition of the member as so disabled and the condition of a normal healthy person of the same age and sex',


I suspect it can be a positive or negative factor as, similar to other claims which must meet certain 'gates' before being claimed there is the possibility of being fair with some lee-way for the persons condition. Where it is pre-set, any disability will get very little lee-way on its actual effect on each individual. Not clinical which means someone invariabily will lose out but i still think it better than measurements as i suspect if DWP could they would put electrodes on you to measure exactly how much pain is generated when you move, etc. As i have just had my home assessment and waiting probably 6 to 8 weeks for the result, I really hope that the doctor who examined me only saw very fit, non smoking health freaks or I could be doomed;-P
the assessment is about can you do the same things as other people or not, and does doing so cause you undue pain, the home assessments will often take measurements and ask mundanely for you to perform certain actions etc etc, if you don't suffer any ill effect from whatever your ailment is you get a derisory sum for having the defect and nothing else, if your problem is for instance a missing limb it will be covered by a fixed assessment level award...

a guy with one arm cant cook a meal but with a prosthetic and some expensive gadgets he will be able to, so under WDP assessment he can be given a monthly pension or provided with the gear to let him lead a "normal life" and get nothing..... some people prefer the weekly pension others prefer to adapt and overcome........
 
#13
Yeah, you are correct, I opted for a titanium spine which gave me back movement and a reduction in disability and I do not regret it even if it destroys any pension. The doctor though even measured the circumference of my thighs to see what muscle wastage had occured - one leg was still not working properly - so was throurgh as that would never have occured to me
 
M

Michaelo

Guest
#16
I learned this from a good source in the SPVA today that if claiming 'mileage allowance' for treatment at an hospital for your accepted disability then they pay 28 pence per mile. If they send you for a medical assessment then they pay 43 pence per mile. I'm at a loss as to why the difference?
 
#17
Yes the calf and thigh measurements always seem a bit pointless as it proves nothing in certain cases. You can still work on keeping movement in these areas without effecting other area's and are encouraged to keep active to stop secondary problems arising.

Posted from the ARRSE Mobile app (iOS or Android)
if your claiming to have difficulty that's lasted more than 6 months then the 1" + difference in circumference of those muscle groups will clearly indicate your not lying, if there's zero difference then it would indicate your not actually being truthful...
 
#18
It all depends on your condition and what your consultant and your medical team have given advise to hold on to the muscle's in them areas. You can use exercise that doesn't involve running or load bearing exercise to hold on to them muscles to reduce further complications. Infact I've been told to do this because I will lose both my feet if I dont plus still have the pain.
When I explained this to the WP tribunal they agreed that it was a form of medical treatment that didnt further complicate my condition, but if not done would result in a detrimental effect to my condition.

Thats why I said it isint set in stone guide.

Posted from the ARRSE Mobile app (iOS or Android)
 
M

Michaelo

Guest
#19
I've been declared disable for many a year and never have I been checked for muscle wastage. I can't see it being a practical test as we all get natural muscle wastage with age anyway. Some faster than others. And what's to stop you using one of these if your feet and ankles are your problem, as in my case?
 
#20
cheers guys for the info , I, am waiting for the appx22 to be done, then sent to Glasgow so they can turn round and decline it and then wait for a med board most of my injuries are before 2005 so hopefully getting war pension scheme
 

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