Incorrect Original tier review.

Hi everyone..! I’m after some advice and assistance with my current review. A little background to info.

I was medically discharged in Aug 2014 after sustaining a stress fracture to the right fibula, many failings and a year later after continued service as “fit” with an additional injury to the right leg I was diagnosed with a none union stress fracture (a fracture for over a year). This resulted in nerve damage as I ran and the nerve was pinched by the bone opening and closing.

Both of the above where sustained in service, the first from a nice beasting when an 80kg stretcher leg impacted my right leg. Second was during a squadron run.

I was discharged under tier 1 even with the indication the injury will be permanent, unable to return to my trade as a plaster and a serious impact on my employment prospects.

Since discharged I’ve have 9 employers, over a year unable to work, issued a disability badge but after 2 appeals I’ve been unsuccessful due to “lack of medical evidence”. I’ve been diagnosed with chronic regional pain syndrome (nerve pain) & damage.

I’ve now paid private for a Medico legal report with private MRI’s and nerve conductivity tests to back up the review. I’m hopeful I should be successful.

If I am successful will the pension be backdated to discharge as the original award was incorrect? If this is the case dose anyone know how this & the pension will be calculated?

I’m also appealing the AFCS that has been rejected. It’s been rejected under the ruling “out of date” as the second injury and diagnosis links back to the first. Could I argue the second date should be when the clock starts as it’s from this point the never damage was serious.?

I’ve had to leave all the appeals late as I’ve never had enough “medical evidence”..?

Any help is highly appreciated.! It’s been a long hard slog!
 
Appreciate the response. I've just joined FPS after your post, amazed at the wealth of information!

How will I find out the correct level of payments I should receive if I am successful? Call me sceptical but I don't trust the AFPS to award me the correct amount.
 
Just after some additional advice.

I've obtained a legal Medio report to support my claim this has now all been sent over to the DO and I should expect a response within 6-8 weeks.

The specialist I saw detailed in the report my Nerve damage is permanent as expected with Chronic neuropathic pain but has also detailed the following quotes.

- "I think as a the result of his symptoms it is very likely that he is not going to be capable of any gainful full-time employment"

&

- "All treatments are just expected to improve his quality of life and I think he will be in a permanent disadvantage with regards to employment and will not be able to hold down any full-time employment in my opinion for the foreseeable future at least until retirement age."

With the above quotes would that mean under rules D5 & D6 I would be entitled to at / meet the criteria for a Tier 3 pension?


I also had my AFCS claim rejected due to being over the time limit from both injuries being linked by a sentence within my notes, I'm currently contest but the AFPS confirmed the following. If a tier 2 is awarded will it be automatically backdated or possibly something I will be required to contest? VeteransUK, AFCS and AFPS are unwilling to comment on the backdate.


" Further to our telephone call on ** *** **** I can confirm that, if your tier award is revised to a tier 2 and backdated to day after discharge, our pension awarding branch automatically contact AFCS and advise them of this change.

I hope this is the information you require.

Regards

*****


If backdated should my Claim be automictically reviewed as it should have if awarded a tier 2 on discharge?
Looking through the tariffs I could potentially be awarded the following.

Table 2 - Injury, wounds & scarring.
Item 7 - Tariff level 07 - Injury covering most of the area from the Knee to the Ankle causing permanent functional limitation or restriction.

Along with Armed forced independent payment & 50% GIP


OR

Table 4 - Physical disorders
Item 30 - Tariff level 12 - Permanent substantial peripheral motor sensory or autonomic nerve damage.
No AFIP Or GIP.


Although I believe AFPS 05 Tier 2 = AFCS Tariff levels 7 – 11?

With Huge differences In the amounts awarded but my injury description filling both the above im assuming ill be awarded the lesser, with little consideration to the impact the subsequent disability has had on my life?


Thanks everyone!!
 
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After over 5 years of battling I can now say I've finally been awarded the Tier 2 I should have at discharge!! What a relief and thankyou for those who gave advice!
 
Afternoon all, I've now received the letter detailing the reasons for the change / "Revised original decision"...

Can anyone advice me on the process / time scales from here? All the letter says is the pension awarding body will be in contact.

Thanks :thumleft:
 

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