Need Help/Advice with WP

Discussion in 'Armed Forces Pension Scheme' started by scoobster, Dec 22, 2012.

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  1. Hi Guys,
    jeezzz just came across this forum, wish id of knew about it 2 years ago when i didnt which way to turn..
    Ive just read..'20 years & counting....PTSD...the comeback kid' fuk i thought he was talking about me and i thought i was the only nut case.

    I need some help and advice with a wp i get.
    I applied for a pension and thru the process they sent me to a shrink..told me i was an alcoholic and the army didnt pay pensions to alco's...Alco!! WTF.. I went to me own doctor and he referred me to a shrink. He diagnosed me with PTSD and said a bottle of vodka was common self medication. Went back to my dr and then got to see another doctor on the nhs, same diagnosis and eventually referred me to counseling. currently getting emdr treatment, problem is the old cnt that the spva sent me to said i was an alco and i showed some symptoms of ptsd, (all this in 20 minutes) so they have paid me 15% for tinnitus and 15% for ptsd symptoms on what he says, didnt give a fuk what my doctor said.
    When i was completely lost, the heavy drinking caused heart failure (dont touch the stuff now) all the doctors ive seen say the drink was common with people with ptsd, but the spva said the heart failure wasnt attributed with army service, but ptsd symptoms are. I have asked them to look at my claim again..
    My question is..are they good at helping and advice? i feel like thayve shafted me with their shrink so dont know where to turn for help. I havnt been able to work, partly due to ptsd and partly due to heart failure and i want them to realise the ptsd was much worse than they have said. Any advice would be much appreciated.
  2. My advice would be to speak with the British Legion about raising an appeal, from what you've said it sounds like you have grounds.

    Unfortunately SPVA would be correct saying the heart failure wasn't attributable to army service, but PTSD may be depending on your service records showing you being placed in a situation that may have given cause for it. The only way I can see you challenging the SPVA report on alcoholism is by paying for a professional report from a recognised expert (and The British Legion may be able to put you in touch with one) and then using that in your appeal.

    I'd love to know how you managed to get 15% for Tinnitus out of War Pensions as I'm P3 left ear & P2 right ear with bad Tinnitus and I got 1% which equates to bugger-all!
  3. Thanks for that.
    All the doctors (private and otherwise) say the excessive drinking is attributable (to heart failure) to PTSD. SPVA say PTSD is attributable to Army service and incidents. does one not come with the other (in mine, and many others cases?)
    ''depending on your service records showing you being placed in a situation that may have given cause for it''
    (many times)
    ''I'd love to know how you managed to get 15% for Tinnitus''
    I went for loads of hearing tests (hearing aid) and thats what they gave me.
    Thanks again for the reply. I literally havnt spoke to any of my mates since ileft in the early 90's, so i have no clue if what im getting is fair or not, or even if anyone else has suffered the same s**t..
    PTSD is taboo over here (N.Ireland) cant find anyone else who is willing to share experiences.
  4. Bowmore_Assassin

    Bowmore_Assassin LE Moderator Book Reviewer

    I recommend you get in touch with the charity Combat Stress

    as soon as possible chum. They exist to help people who have PTSD or other mental health issues.

    Good luck.

    Posted from the ARRSE Mobile app (iOS or Android)
  5. Excessive use of alcohol, tobacco or drugs

    20550 Entitlement for a disease arising from excessive use of alcohol, tobacco or drugs would usually be inadmissible in circumstances where the intemperance was within the member’s personal control. It may be possible in some cases for SPVAMS to regard such intemperance as a consequence of mental instability and to advise entitlement accordingly.
  6. Note that the extract below comes under the heading of Smoking & Alcohol but concentrates purely on smoking. SPVA's point of view is similarly focused on smoking so there may be an opening there:

    Smoking/alcohol related conditions


    24300 High Court appeal – GRACE HUNT v Secretary of State for Social Security. In the High Court in London on 21 December 1993, Mr Justice Drake allowed a widow’s appeal (Article 5) on the grounds that it was not possible to say that any tribunal, properly directing itself on the evidence in Mrs Hunt’s case, could find beyond reasonable doubt that there was no causative connection between the deceased’s war service and the addiction to smoking which led to his death.

    Mr Justice Drake, in giving his judgement, said that ‘there should be a strong caution against using this case as a precedent. It depends upon exceptional facts. It is unlikely that many other cases will have the facts
    which are likely to raise a sufficient doubt based on service factors’.

    Mr Justice Drake went on to explain that he would not wish this decision to raise any false hopes of likely success in other claims by ex-serviceman, let alone by those who had not served in the Armed Forces.

    SPVA’s approach

    24301 In principle, therefore, the Hunt judgement does not alter SPVA’s long-standing general approach to smoking-related claims and appeals, which is that the decision to smoke or to continue smoking is a matter of personal choice.
  7. JSP 765 (AFCS) Chap 1 page 5 -

    0119. No benefit is payable for any death, injury or disablement which is:

    a. an injury which is predominantly caused or made worse by, or death which is predominantly caused by:

    (i) the use or effect of tobacco;
    (ii) the consumption of alcohol;
    (iii) medical treatment of an injury. Medical negligence is not covered under the AFCS unless the
    treatment is provided while the person who sustained the injury is on military operations outside the
    United Kingdom and in circumstances relating to service where the relevant medical facilities are
    limited. For example, if a field hospital is unable to provide appropriate treatment due to a lack of
    specialist skills or equipment;
    (iv) the non-therapeutic use of drugs;
    (v) consensual sexual activities;
    (vi) except where paragraph 0108 applies, events, experiences, exposures and activities occurring
    before the member of the Armed Forces entered service.
  8. Finally had a result, just want a general feeling that I'm doing the right thing. I have had a total ankle replacement, this was in my last few months of service. The WP result came today, 6-14 % attributable to service an interim decision. I now plan to contact the RBL to appeal for me as I don't feel 6-14 % is fair. More to the point it is a condition that can only get worse in time. I think interim means I can go back in the future but this took 14 months I don't know how long a review would take. To be honest am a bit disappointed I thought 30% at least having seen what others seem to get..

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  9. Yes interim means you can go back later. I have a similar 'award'. 6-14% sounds fair, although appealing wont do any harm. I intend going for a further award next year. Let me know how you go on if you do appeal.

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