Leg Length Discrepancy (LLD), AFCS, Tribunal, Med Discharge

Piloneer

Swinger
Hello all,

On Friday I had a first tier tribunal for hip OA which was rejected. This AFCS claim has been ongoing for 3 years since 2016 when it was first discovered along with FAI hip impingement R Hip.

On Tuesday I was recommend for MD under QR 9.386 for a separate injury I sustained over a year ago but could have been caused by the damage to my hips over time.

In 2015 I was measured for a leg length discrepancy, my left shorter by 1.5cm. I did not have a LLD test on my pre-medical examination (joined 2007) as per JSP 346 which was in place at the time. The pre-entry medical (FMED 4) is also missing (despite Vets UK asking for it while collecting evidence) so there is no evidence of it ever being conducted either.

JSP 346, Ch 3, Leaflet 3-12: Musculoskeletal and connective tissue disorders, paragraph 34 states the following regarding LLD.

"Those with a discrepancy of 1.5-2.5 cm who are able to achieve activity comparable with military service for a minimum of 3 months should be referred for further assessment."

My LLD detected in 2015 was not detected in 2007 when I entered service and I wasn't sent for further assessment at any point in my career. In 2015 I was just given orthotics to correct it. However, by this time, I had served 8 years. As a result I had hip pain recorded in 2013, an x-ray showing osteophytic lipping and arthritic changes and again in 2016, by which time it was worse. I attended the Hip and Groin course at DMRC Headley Court in 2017 but my LLD wasn't discussed. I also sustained a bucket handle meniscal tear in my left knee in 2011 which, in my opinion, could have been a result of my unknown LLD.

Unfortunately I didn't present the evidence from JSP 346 or any of the above at the tribunal on Friday because I was shattered from my trip to Colchester on Tuesday and the build up to my FMB (not to mention the difficult year I have had recovering from a bad pilon fracture).

Yesterday I decided I needed so legal advice because I am clearly not capable to representing myself at the moment. I'm going to appeal the tribunal result and I've instructed Slater + Gordon to look into this. My reasons..... the first tier tribunal took 40 mins (instead of the usual 15 mins) to decide my case.... they said it was a very close decision. If they'd had that evidence I think it could have gone in my favour.

Comments welcomed! I will keep fighting!
 
Question for your consideration: Do the solicitors you have instructed have medically trained staff who crossed over to law? If not have a look around there are firms with dual qualified individuals. Always better to have someone who knows what they are talking about representing you rather than having them simply repeat what a Doc has told them.
 
Hello all,

On Friday I had a first tier tribunal for hip OA which was rejected. This AFCS claim has been ongoing for 3 years since 2016 when it was first discovered along with FAI hip impingement R Hip.

On Tuesday I was recommend for MD under QR 9.386 for a separate injury I sustained over a year ago but could have been caused by the damage to my hips over time.

In 2015 I was measured for a leg length discrepancy, my left shorter by 1.5cm. I did not have a LLD test on my pre-medical examination (joined 2007) as per JSP 346 which was in place at the time. The pre-entry medical (FMED 4) is also missing (despite Vets UK asking for it while collecting evidence) so there is no evidence of it ever being conducted either.

JSP 346, Ch 3, Leaflet 3-12: Musculoskeletal and connective tissue disorders, paragraph 34 states the following regarding LLD.

"Those with a discrepancy of 1.5-2.5 cm who are able to achieve activity comparable with military service for a minimum of 3 months should be referred for further assessment."

My LLD detected in 2015 was not detected in 2007 when I entered service and I wasn't sent for further assessment at any point in my career. In 2015 I was just given orthotics to correct it. However, by this time, I had served 8 years. As a result I had hip pain recorded in 2013, an x-ray showing osteophytic lipping and arthritic changes and again in 2016, by which time it was worse. I attended the Hip and Groin course at DMRC Headley Court in 2017 but my LLD wasn't discussed. I also sustained a bucket handle meniscal tear in my left knee in 2011 which, in my opinion, could have been a result of my unknown LLD.

Unfortunately I didn't present the evidence from JSP 346 or any of the above at the tribunal on Friday because I was shattered from my trip to Colchester on Tuesday and the build up to my FMB (not to mention the difficult year I have had recovering from a bad pilon fracture).

Yesterday I decided I needed so legal advice because I am clearly not capable to representing myself at the moment. I'm going to appeal the tribunal result and I've instructed Slater + Gordon to look into this. My reasons..... the first tier tribunal took 40 mins (instead of the usual 15 mins) to decide my case.... they said it was a very close decision. If they'd had that evidence I think it could have gone in my favour.

Comments welcomed! I will keep fighting!
As far as I’m aware, the Upper Tribunal will only accept and hear an appeal if you can demonstrate that the Lower Tribunal made an error in law. Disagreeing with their finding, or failing to present all your evidence, are not grounds for appeal.

You may be able to convince the Upper that the Lower failed to consider the rules under JSP346 and therefore decided without considering all the facts but I’m not confident of that. Either way, good luck.
 
On Friday I had a first tier tribunal for hip OA which was rejected.
Did you consider why ?

Unfortunately I didn't present the evidence from JSP 346 or any of the above at the tribunal on Friday because I was shattered from my trip to Colchester on Tuesday and the build up to my FMB (not to mention the difficult year I have had recovering from a bad pilon fracture).
No apologies for getting straight to the point or being blunt. Being shattered from a journey or having a difficult year is a p!ss poor excuse for your own failings.

That difficult year with a f***ed ankle was ample time to get your ducks in a row.
 

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