Medical Discharge Joke

Discussion in 'Armed Forces Pension Scheme' started by thegfunk, Apr 24, 2012.

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  1. I have followed with some interest the dilemma and troubles fellow comrades have had to endure whilst going through the painful process of medical discharge. In general I would say that most have been frustrated, abandoned and confused. Consequently I thought that things were not as bad as they seem, some guys are just unlucky. However, today I found out I was completely wrong.

    I have been medically discharged after 22 years and 8 months (Army) for bi lateral hearing loss. I was on V eng so my service was cut short by 16 months. My last day of service is in July so I thought I would ring up SPVA to ensure that they have my med discharge paperwork and a claim would be automatically raised (info from their website). I had previously submitted a claim supported by my MO and didn’t have sufficient hearing loss to warrant a claim (1dB under the 50dB threshold) left 43 dB loss and right 49dB loss. I was advised to apply for a reconsideration which was unsuccessful. So I left it at that, unlucky do your last 2 years.

    Nevertheless, after another audio and the introduction of hearing aids my hearing test results were worse. The MO advised me that my hearing was well within the criteria for an award and to send a letter to the SPVA for reconsideration. He also told me that I would probably be medically discharged to protect my hearing. In Oct last year I sat on a medical board and was discharged under QR9.387 and sent on leave until my release date. I was told to reapply for compensation by the board.

    Today the SPVA told me that they wouldn’t look at my case again due to it being already being decided. I told them that I am now being medically discharged and that a new claim should automatically be raised as per their website information. No was the answer the website is wrong we will tell management.

    I was told by the SPVA to write another letter to the AFCS the day I am discharged it might help.....Thanks for nothing. I am now awaiting med discharge not fully aware of what pension I will receive and to add to it no chance of commutation. I feel frustrated and let down by a system that should support the soldiers.

    Sorry for the long post.
  2. Mate got to the RBL. They are all over this sort of crap!
  3. Appeal their re-consideration sending in as much of the new info you have and insist on going to tribunal (consider getting help from RBL or a lawyer used to dealing with SPVA tribunals). Keep all letters sent & received and use as evidence (you'll need to send them a copy once they send your "legal pack" (tribunal paperwork).

    Good luck and be as much of a pain in the butt as you can.
  4. Thank you EScotia,

    I have followed your plight over the past few months and have been impresssed with your knowledge on the subject.

    I have had a solicitor for over two years now as i thought something like this would possibly happen. I have kept all documentation and sent it to my solicitor and now have the RBL on board.

    The annoying thing is how they speak to you, do they honestly think you are going to say "ok, such as life".... I will go through every avenue open to me and hope that submitting an article 55 will succeed...If not it will be a long long long drawn out affair with the solicitors...

    Thanks again buddy....
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  5. Pardon??
    • Like Like x 1
  6. It may well be a long drawn out affair but keep at it. After my pre trial meeting where I refused to come down to the level on offer from the MoD legal beagles, afterwards they got onto SPVA Norcross who are now looking at my AFCS application yet again and that's after re-consideration but before Tribunal! We've now agreed a much higher offer out of court that they left us with at the pre trial meeting and I'm yet to hear from SPVA!
    • Like Like x 1
  7. Great news EScotia.

    How long has that taken?

    I understand that the SPVA are really busy but they seem to make the rules up as they go along. For anyone else going down the path of Med Discharge do not read the SPVA website it is in need of a drastic update......

    Good luck to you all, you will need it....
  8. I have been trying to get hold of SPVA all day, all i get, is our lines are busy, then get cut off. Or they were training first thing this morning.
  9. Almost 3 years to date, but as SPVA are now re-re-considering my AFCS claim it's more than likely going to take much longer.

    I hope there is people who have dealt with SPVA and got a good service but I'm not one of them. I'm being messed around by AFCS, WP and Pensions, the worst hat trick you could ever wish for!
  10. 3 years is totally wrong EScotia.....

    I telephoned the SPVA today to get confirmation in writing that my claim was not going to be reconsidered or allowed an appeal. All I got after 1 hour was passed around until I hit the top lady. She was very abrupt and told me that my case would not be looked at under any conditions. She quoted the AFCS policy which was really impressive......

    If you are unsuccessful with a claim but are medically discharged later on because it gets worse you are not allowed to reclaim. Since May 2011 you are not allowed a service termination review or an exceptional circumstances review. (even if you are medically discharged). However, she said she would send all of this in writing to give to my solicitor......Yeah, a policy letter on its way me thinks....

    A warning to anyone going through a medical discharge....DO NOT submit a claim before your release date even if the doctors on the medical board advise it...Let the SPVA generate the claim for you.......

    EScotia the most annoying thing is they said they hadnt received my letter of appeal, now the time has lapsed...I sent a copy to my solicitor at the same time so i am waiting for a response from the iron lady..........
  11. More info here: AFCS - An Overview

    And a bit more: Medical Discharge cases
    • Like Like x 1
  12. SPVAs front of house is shit. It is being looked into. An AFCS panel visited Headley Court last month and I raised the issue with them.

    Just submit a claim under AFCS. Your are not being compensated for the same thing twice (which is obviously what those at SPVA you have spoken to seem to think). When you do submit it don't forget to mention your severe permanent tinatus, it makes a difference to the award level.

    Your award could be up to a level 5 (there is a level 2 for total deafness in both ears) - other levels are 7,8,9 and 13.

    Level 5 award is £175,000
    6 - £140,000
    7 - £90,000
    8 - £60,000
    9 - £40,000
    13 - £6,000

    You may also be entitled to a GIP - 75% for a lvl 5 or 6 award. 50% for a 7 or 8 award. 30% for a level 9.

    For some of the tariffs it seems to make a difference as to how you suffered the hearing lost (reference is made to trauma and blast as opposed to gradual or as a result of a condition or disease).

    I don't know how things stand if you originally made a claim under the old war pension scheme.

    • Like Like x 1
  13. Aye,

    and despite using links from a very outdated web-site, the SPVA ops will quite happily tell you that a claim will NOT be automatically raised if you are Medically Discharged so raise one yourself.

    They will also NOT reply via email as their links say and despite their forms asking for your email address (and even if you write and ask them to reply to your email address they refuse and write).

    Med discharge cell are heavily overloaded and cannot process cases in any reasonable time at all, so sending your med docs to Norcross doesn't happen until extremely late in the process so it takes forever to process claims, either AFCS or War Pensions. In my case I had to tell WP that AFCS held a copy of my Med Docs as they were having great difficulty getting hold of another copy!