Need help about war pension scheme

first post
Sorry if there is already some post about this but I am struggling and need some advice.
I applied for war pensions due to a knee injury in 1992, and received a gratis payment and 9-14% disability. I appealed about this as I have depression etc attached to this, having severe pain, and been told by doctors to refrain from taking pain killers as was becoming addicted.
They have now got back to me stating, they will upgrade me to 20% disabled and pay 35 a week war pension but that will not start until July 2020, as my gratis payment will come off this payment.

So now I’m sitting here on ESA at 218 a fortnight, unemployed, wondering about whether I should appeal as I do not think that amount is right for someone who has been in pain since it happened and unemployed for 3 years with the severe pain that the knee injury is causing.

Please any advice or a point in the right direction would help gratefully.
 
You don't say what the injury was, meniscus damage, ligament damage, arthritis as a result of damage etc so it's a bit like asking how longs a piece of string.

The bit about your gratuity being affected by the lump sum for your original award of 9-14% is about right, I've warned others in similar positions to be aware of this.

https://www.gov.uk/government/uploa...hment_data/file/384515/anterior_knee_pain.pdf

https://www.gov.uk/government/uploa...ment_data/file/384514/osteoarthritis_knee.pdf

https://www.gov.uk/government/uploa...ata/file/384512/internal_derangement_knee.pdf

https://www.gov.uk/government/uploa...ent_data/file/384513/knee_ligament_damage.pdf
 
Sorry mate, the original diagnosis was acl tear, knee cap fracture and patella tendons tore.
Only had 2weeks off then light duties, so no physiotherapy or such. Been on painkillers since then to take the edge of mainly co- codamol but as stated, been told to stay of them.

My question is this, is 35 a week for all the above, including unemployment etc reasonable for this? Or would an appeal help etc.
Also, should I get a civilian specialist lawyer involved?
 
be careful as the war pension is counted as earnings so they will take all of it bar £10 off your ESA so you wont be any financially better off, it knocked my ESA down to £22 a week (I get a 50% war pension)
 
Sorry mate, the original diagnosis was acl tear, knee cap fracture and patella tendons tore.
Only had 2weeks off then light duties, so no physiotherapy or such. Been on painkillers since then to take the edge of mainly co- codamol but as stated, been told to stay of them.

My question is this, is 35 a week for all the above, including unemployment etc reasonable for this? Or would an appeal help etc.
Also, should I get a civilian specialist lawyer involved?
Without meaning to be too harsh or unfeeling (I'm really not as @The_Snail can hopefully testify), if you only had 2 weeks off, light duties and not even any physio you either had an appaling MO (which we all know exists) or your injuries were assessed as being relatively minor and if they were assessed as relatively minor (despite on-going pain which I'd have thought would have been investigated by now) I'd suggest your WPS award is about right, I can't shed any light on DWP benefits.

ACL tears can require surgery to correct/repair and yours didn't and the same applies to patella tendon tears. Surprisingly, there are no differences between a complete tear and a rupture. However, a tear can be partial or complete. An Achilles tendon injury, for instance, can be a tear or a rupture. I've had a MCL tear which didn't require surgery, an achilles that did and both quads ruptured which also did.

I can't see what a specialist lawyer could achieve if you've appealed your WPS award successfully. I can't see what one could do with the DWP either.
 
Hi there,

I had a read of your posts regarding your knee injurys and your WP increase to 20%, I agree 20% does sound right.

I had one of these situations where I had a WP gratuity and then I was sent a decision increasing my WP to a monthly pension, I too had to wait until I had paid off the gratuity as you say then my monthly WP payments began.

I did WP appeal ten years ago and have also won WP appeal at the Upper Tribunal.

A War Pension is a disability Pension, it compensates fir disability and as such WP does not compensate for pain and suffering to the extent the Armed Forces Compensation Scheme does. I know this may seem unfair but we have to consider it is old legislation that underpins War Pensions with War Pension Tribunals Act (THE PAT ACT) 1939. If you google The Pat Act, The PAT Act doesnt mention pain and suffering i.e. what lawyers call general damages in civil claims for personal injury or clinical negligence. If you think you are dissatisfied ask Norcross for a copy of your FMED Four and have a look and see if you have sufficient medical evidence to support a possible War Pension Further Condition Claim. I'm just an ex-squaddie same as, but I've been to six First Tier War Pensions Tribunals and the Upper Tribunal and won. If you read as much as I've read in this subject and you think I'm wrong in facts or wrong in law please let me know. And good luck :)
 
Sorry if this is in the wrong thread as I am a 'newbie' here, does anyone know how they work out the percentage as a total for WP as I have a number of accepted conditions which range from 1-5% to a couple at 6-14%, my total WP is 40% but was wondering how they arrive at a number when there is a number range to add up?
 
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