Medical Discharge

Discussion in 'Army Pay, Claims & JPA' started by nicki63, Dec 17, 2011.

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  1. Hi. My husband has just this week been P8 Medical Discharge. His list of ailments are, Osteoarthritis both hips, Non Freezing Cold Injuries (hands and feet), NIHL and Patella Tendonitis in both knees. The primary reasons for Med Discharge given were the first 2 listed here. He has served 16 years. Does anyone know what kind of settlement he may get, would he be entitled to a GIP? Any info gratefully received!!!!:)
     
  2. The info is contained in PAP 10 and JSP 765 (AFCS). Its not possible to work out any compensation figures as you've not given enough info and that's probably a good thing, but you should be able to do a rough estimate yourself.

    I was graded P8 (Perm) on my Med Bd in July and I've still not been given my date of discharge, so you have time to dig info out & get your lives sorted. Unfortunately Med Discharge Cell are extremely busy and will, believe it or not, try to work in your husbands favour as far as they can.
     
  3. Many thanks for replying. We figured it would be about 6 months so not surprises there. The regiment have not been supportive at all, again not surprised!!! As my husband needs a new hip joint asap he wont be looking for a job just yet. There is so much conflicting advice being given, like he has been told he should get a 22 year pension. Is this right? Who is the best person to speak to? He also has a civilian claim going through for Cold Injury/ Negligent Exposure. All his injuries occurred in one incident!
     
  4. If he has been told he needs a new hip I'm surprised he is being considered for Med Discharge before his treatment programme is complete (speak to the MO)! He will get much better access to physiotherapy whilst still in than he ever will outside, after my major op all I got was a leaflet of exercises, to get any physio I had to get the NHS to discharge me back to my nearest Med Centre where I received daily physio for 8 months and 2 sessions at the ARU.
    As he's done 16 years his pension will be based on 16 years, if its a Med Discharge the bonus is it will be tax free. The best people to speak to would always be the RAO Dept, that's if you're blessed with a halfway decent one. For any generalist enquiries use the contacts below:

    [FONT=&amp]Service Personnel andVeterans Agency
    Norcross
    Thornton-Cleveleys
    Lancashire
    England
    FY5 3WP

    Freephone: 0800 169 22 77
    Overseas: +44 1253 866043
    Textphone: 0800 169 3458
    Veterans.help@spva.gsi.gov.uk
    www.veterans-uk.info[/FONT]
     
  5. It is always a good idea to speak to the Resettlement officer (IERO) if you think you are going to get a MD
     
  6. He has already been Med Discharged.
     
  7. Thats bollox. He will get an immediate pension based on time served and rank reached and a tax free lump sum of 3 x his pension. His pension or parts of it will only become tax free if under War Pension or AFCS his injuries are classed as attributable to service. ie either caused by service or made worse by service.

    If he has already been MD'd then he should have a Army Welfare worker assigned to him already to help with filling in paperwork. Being MD'd his paperwork already goes to the SPVA for assessment under either the War Pension scheme or AFCS dependant on whether the conditions were caused before or after 05 April 2005.

    His entire argument should have been put down on his FMED 24(?memory failing?) prior to his Final Medical Board and this document is assessed by the SPVA. some people only put down 1 paragraph in this document others put in 20+ pages..... you can guess who are the most successful at the SPVA hearings

    I suggest you do a search on ARRSE about MD, as loads of people have had it jhappen and there is lots of good info on this site.

    PM for info if you want

    good luck
     
  8. I can see why you said the tax free thing was bollox, but read the original post again, thats why I mentioned it. IIRC Tax free status is also dependant on % disability and you were right about the FMED24 personal statement.

    As for an army welfare worker being assigned to help fill in paperwork, that's in an ideal situation. I live 7 miles from my unit and for the last 6 months no-one has either contacted me or answered any of the millions of questions I have, even my RAO wouldn't commit himself. With the demise of 2 Div and no word yet on what's happening to the welfare staff for Scotland, I fail to see where a welfare worker is going to materialise from.

    Today I got my last day of service letter (03/02/12) and, with the Christmas & New Year close down fail to see how my pension and compensation will be in place for the end of Feb. Med Discharge Cell informed me when I rang that they would not be sending my med docs etc to SPVA Norcross until the 1st week in Jan 2012.
     
  9. Right, firstly, when did these injuries occur?, was it before 6th Apr 2005? if it was afterwards, he will be awarded a GIP, based on the Tariff level he is awarded under the AFCS (needs to be between 1-11, after level 11 you get no GIP) also his age, rank and lengh of service.

    If his injury was before 6th Apr 2005 he will be awarded a war pension - I'm under AFCS so war pension is something i don't know too much about, hopefully he is under AFCS as the GIP is tax free, index linked and is worth far more than the old system.

    Either way, get hold of the SPVA they will direct you. Best of luck
     
  10. you need ot be assessed as at least 1% attrirbutable by norcross and then the decission is kicked back to the med discharge cell for them to make it tax free or not, your considered fro both war pension and afcs and you get whatever your entitled to based on when the injury(s) occured, the level of disability, and the attributability decided.

    as a general rule if you serve 16 years reckonable service then under tier 1 you get a lump sum of 2 x salery, on tier 2 its about 1/3 of your salery and a lump sum of 3 x the pension, if its tier 3 then its approx 1/2 salery and 3 x pension as lump sum (afps 05)

    if your on the old scheme then i cant give the general numbers ( thease are general numbers based on whats stated in the afps 2005 scheme guide published in 2005)

    if he's been declared P8 then i would assume thats been done by a full med board (2 or 3 members) and he had to fill out a bunch of forms prior to the medboard, hopefully help was sought on what to include in terms of affects on quality of life, noticable effects on military and home life (promotions etc) clear problems going forward and so on.

    the medical decissions team in glasgow get the final word on actual grading and make the decission on run out date, ammount of leave and length of service time to be used when calculating the pension and any extra things to be awarded.

    as for the pensions side of it make sure you check the letters they send you and if you disagree wiht anything ring them up and tell them, then write a formal reply wiht reasons for why its wrong.

    also try and sort out your future housing requirements imediatly (if you havent done so already) where your going to live after the end is a big stressor if you dont act early enough to get the ball rolling (more of a problem with social/council housing)

    thats about all i can think of atm
     
  11. Jesus mate, no one has told you anything have they? Your Unit needs a serious shoeing. As your still serving I would raise an inservice complaint, possibly via the Service Complaints commissioner as you have no clear CoC at the moment. Explain how your questions have been ignored, assistance has not been rendered etc. Also if you are p8 you should have been removed from your Unit strength and put on what was the SAM sytem, I think its now Called WISMIS or something. Also state strongly that no one has explained what is happening to you or provided any assistance or support as to what help is out there.

    You should have been told that the SPVA do not touch your med docs until the day after your discharge, unless you have previously filled in a claim under AFCS as its a compensation system you can claim while still serving, its just that some of it wouldnt be awarded until after your discharge.

    If its under WP then that can take a few month for them to come to a decision and then they send you an answer, if your not happy you can ask them too relook at it, normally they come back to you with same answer. Its at this point you tell them to F*ck off and you go to an Appeals Tribunal I think WP system is running at 6 months from going to appeal date......

    If your under AFCS, prepare to sell your kids to finance your life until you get to appeal..... IF your not fit to work and the SPVA are arguing your claim or trying to give you a lower tier then it can take 2-3 years for your appeal tribunal date to come through they are that swamped..... bearing in mind it can take 4-6 months to get to the stage before you can actually ask for it to go to appeal....

    The only good news is if you were on AFPS 75, if you get MD'd the day you are discharged you are given 3 x your pension in a tax free lump sum and then you start earning your pension monthly. You can work it out roughly on this link:

    Under Construction

    I suggest that you get in touch with SPVA Welfare ASAP on freephone 0800 169 2277 If your a Jock their nearest office is in Glasgow

    I would also put your feet into the RBL intray
     
  12. 1. Jesus mate, no one has told you anything have they? Your Unit needs a serious shoeing.

    Totally agree, its been left up to me to find anything out at all. What complicates matters is I'm NRPS and as such should come under TA Regs for pension & ill health benefits but SPVA have told me conflicting things like my main invaliding injury that was in June 2009 will not be covered by AFCS as I have 18+ yrs reg, 3 yrs TA, 6 yrs FTRS and 6 years NRPS service; today they told me I would be considered under AFCS so which does one believe?

    2. As your still serving I would raise an inservice complaint, possibly via the Service Complaints commissioner as you have no clear CoC at the moment.

    Believe me that is right at the forefront of my thinking.

    3. Also if you are p8 you should have been removed from your Unit strength and put on what was the SAM sytem, I think its now Called WISMIS or something.

    I've been told this doesn't apply as I'm NRPS which has stopped the unit advertising my post.

    4. You should have been told that the SPVA do not touch your med docs until the day after your discharge, unless you have previously filled in a claim under AFCS as its a compensation system you can claim while still serving, its just that some of it wouldnt be awarded until after your discharge.

    Nope, OHMDC at APC told me previously and repeated it today that they confirm the Med Board decision & allocate dates of discharge then send my Med Docs to SPVA Norcross for the compensation side of things. SPVA Glasgow fix my % disability & pension. For all the injuries requiring ops during my service prior to April 2005, I have to submit (12) WP claims (same form as AFCS claims as it happens) which cannot be actioned until the day after my last day of service. Whereas for Reg & TA pers the Med Docs get sent to Norcross about 3 months before discharge, mine will not be sent until about 4 weeks before my end date as I'm NRPS!

    5. If its under WP then that can take a few month for them to come to a decision and then they send you an answer, if your not happy you can ask them too relook at it, normally they come back to you with same answer. Its at this point you tell them to F*ck off and you go to an Appeals Tribunal I think WP system is running at 6 months from going to appeal date......

    Was aware it took time and RBL(S) welfare told me that if you now refuse the initial offer it goes straight to tribunal as they've found it speeds things up a heck of a lot.

    6. If your under AFCS, prepare to sell your kids to finance your life until you get to appeal..... IF your not fit to work and the SPVA are arguing your claim or trying to give you a lower tier then it can take 2-3 years for your appeal tribunal date to come through they are that swamped..... bearing in mind it can take 4-6 months to get to the stage before you can actually ask for it to go to appeal....

    My claim should receive a tier 5 or 6 grading (Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent functional limitation and restriction) but having done as long as I have I'm expecting them to mess me around; unfortunately with my eldest meeting his end if Afghanistan 3 months after I injured my leg in 2009 and only a blind person going to offer something for my surviving child (22) then I can't see me getting much there to tide me over!

    7. The only good news is if you were on AFPS 75, if you get MD'd the day you are discharged you are given 3 x your pension in a tax free lump sum and then you start earning your pension monthly. You can work it out roughly on this link:

    Under Construction


    I come under Chap 9 of TA Regs and cannot accuratley work out what I'm likely to receive until I know what % disability SPVA Glasgow award me, but I can work out awards from 20% to 100% as a guide. As I'm in receipt of a measly reg pension I cannot get anyone to tell me if this becomes tax free also, nor my FTRS pension when I'm 60.

    I suggest that you get in touch with SPVA Welfare ASAP on freephone 0800 169 2277 If your a Jock their nearest office is in Glasgow

    I would also put your feet into the RBL intray
     

  13. the only reason the pensions awarding branch get it wrong is they award the lowest tier by default if they dont have your med docs when running the pension calculations, if that happens you can complain before the pension starts (i got my tier award letter a month before my out date) they start calculating hte pension from the day they receive the penform1 regardless of wether they have the paperwork on which to base the assessment, in my case it only took 3 months for htem to sort it out and in the interim i received the tier 1 award while they changed it and told me to pay back the excess on the lump sum (tier 2 award it takes 3 years of receiving the pension before you generate the same income as a tier 1 lump sum) and then due to some processing errors it took almost a year for norcorss to be told and another 6 months for them to make there assessment and send out a letter (they are backdating everything to the day of discharge though so fair on them)

    be aware as well that if you claim any benefits as the person being assessed for gip/wp then it will take longer for them to work out how much to pay, its easier if you can to have the spouse claim benefits and then it wont affect any future payments so long as your disabilities are not claimed for,( i wasnt aware of this when i left service and as such i claimed myself and i'm still waiting for them to work out how much there not going ot give me based on how much i already received in ESA) its a bit of a catch 22 situation there though so really just do whats right for your own familly situation at the time and worry about how long the mess takes ot sort out later.

    if things go smoothly then your pesnion will be assessed at the correct rate and then you will receive your gip/wp accordingly and any benefit claims lodged will take into account the income and reduce there weekly ammounts accordingly.

    but unless you already have your own property i would suggest browsing to the website of the council area your planning ot settle in and make an online housing application, you dont need ot provide finacial information, i left mine as all the way through and never changed that data untill i was already living in the house (ok so i got really lucky timewise) but i did things to increase my chances from the start,

    i registered early i got the letters from welfare and sent copies of everything required as soon as i got them, my wife rang them constantly and we bid on houses every time one large enough showed up on the list in an area we wouldnt mind even if it wasnt exactly where we wanted, on top of that i liased weekly wiht the local dhe office, i spoke with the finance people and since i couldnt afford to pay rent while i was waiting on my pension starting they allowed me to build up a small backlog, when they notified me of there intent to seek possession i copied things on the the housing officer the same day (use email as much as you can it speeds things up a lot) and follwed wiht hardcopies.

    stay in touch with the welfare person, and get as much help as possible.

    dont forget moving will cost somewhere between 2 and 5 grand if your not able to do it yourself and dont qualify for removals (again here i got lucky and because i did the paperwork ahead of time got my entitlement extended by some 6 months post discharge, but then i was able to demonstrate being in the process of eviction and also having attempted to find housing on many occasions which was backed up by the housing officer at the council)

    keep records of any phone calls, especially who you spoke to and what they said, (if possible get them to email it in writing as well in case its needed in the future) try to be relaxed and freindly wiht everyone on the phone, there more likely to help than if your ranting or overly bolshy (yes its there job but how many other people are they dealing with and how many of them arnt screaming at them)


    good luck and hope it all works out smoothly,

    also feel free to pm me if you want i cant promiss anything but maybe i can give some advice
     
  14. Escotia,

    you could have thrown me a frickin bone in the first place and said you were NRPS..... I have ZERO idea on what regs apply to you guys. But if any of your injuries can be traced back to your regular service then do so.

    Nanotm, talks the talk and walks the walk with his advice (maybe with a slight limp)
     
  15. on the odd days when i can walk without a stick theres more than a slight limp XD
     
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