Noise Induced Hearing Loss

#1
A topic that has been done to death I know, but I am after advie from 'old & bold'

I served a 22 year career in the Infantry spanning from the 1970's to the 1990's.

When I was a young Acting Cpl in the early 1980s I was diagnosed with Bi-Lateral High Frequency Noise Induced Hearing Loss. I was downgraded to H3 H3 LE by a specialist at QEMH Woolwichand told it would be permanent and that I must not fire weapons. My unit prompty ignored this and I remained in a Rifle Platoon doing normal stuff. Eventually, due to an injury, I was moved to HQ Coy but after 4-5 years I was over the injury and my unit told the RMO to get me another specialist to examine me and upgrade me - at the same time I was to tell the specialist that I needed to be upgraded to get promoted, but that I would be employed as a desk jockey. This resulted in the specialist upgrading me too H3 H3 FE, with the caveat I was only to fire my APWT, and to wear double protection - both plugs and muffs while doing it.

Manning and Records overturned the specialist on the grounds that H3 H3 FE was an impossible and contradictory grade. The specialist then overruled Manning & Records. I was placed back in a rifle company, accelerated p promotion wise and within around 4-5 years was a sergeant in the Mortar platoon (I kid you not), where I remained for the final 8 years of my service.

I was also a very good shot and throughout the entire period, not only did I do full rangework (even while downgraded) but I was also a battalion shootoing team and did Bisley and inter unit shooting competitions. All my RMOs knew this was going on, and all my platoon, company and commanding officers knew of my hearing condition.

On discharge, my hearing was measured at H4 H4 (a further deterioration) and before my discharge could proceed I had to get signed off by a specialist, who said that it was actually H4 H3 and was absolutely stunned that I had been employed in Mortars with a known hearing problem and also not only had been doing normal rangework but also been in shooting teams.

Pension people binned me and said my hearing was only 45% degraded.

So, what do you reckon? Grounds for civil suit?
 
#2
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WHAT!?
 
#5
You were told that you had to wear double ear defence, I take it that you obeyed this instruction. Have you got all the evidence in writing plus evidence of any range activities after you were instructed to only do annual APWT ?.
 
#6
Loads. Photos of me in the shooting team etc etc, anecdotes in the regimental journal, sent far and yonder on various live firing exercises (Canada, Brunei, Fiji etc). Is even mentioned in some of my CRs.
 
#7
This is not a shit sock puppet wind up now, is it???
 
#9
A topic that has been done to death I know, but I am after advie from 'old & bold'

I served a 22 year career in the Infantry spanning from the 1970's to the 1990's.

When I was a young Acting Cpl in the early 1980s I was diagnosed with Bi-Lateral High Frequency Noise Induced Hearing Loss. I was downgraded to H3 H3 LE by a specialist at QEMH Woolwichand told it would be permanent and that I must not fire weapons. My unit prompty ignored this and I remained in a Rifle Platoon doing normal stuff. Eventually, due to an injury, I was moved to HQ Coy but after 4-5 years I was over the injury and my unit told the RMO to get me another specialist to examine me and upgrade me - at the same time I was to tell the specialist that I needed to be upgraded to get promoted, but that I would be employed as a desk jockey. This resulted in the specialist upgrading me too H3 H3 FE, with the caveat I was only to fire my APWT, and to wear double protection - both plugs and muffs while doing it.

Manning and Records overturned the specialist on the grounds that H3 H3 FE was an impossible and contradictory grade. The specialist then overruled Manning & Records. I was placed back in a rifle company, accelerated p promotion wise and within around 4-5 years was a sergeant in the Mortar platoon (I kid you not), where I remained for the final 8 years of my service.

I was also a very good shot and throughout the entire period, not only did I do full rangework (even while downgraded) but I was also a battalion shootoing team and did Bisley and inter unit shooting competitions. All my RMOs knew this was going on, and all my platoon, company and commanding officers knew of my hearing condition.

On discharge, my hearing was measured at H4 H4 (a further deterioration) and before my discharge could proceed I had to get signed off by a specialist, who said that it was actually H4 H3 and was absolutely stunned that I had been employed in Mortars with a known hearing problem and also not only had been doing normal rangework but also been in shooting teams.

Pension people binned me and said my hearing was only 45% degraded.

So, what do you reckon? Grounds for civil suit?


"I was diagnosed with Bi-Lateral High Frequency Noise Induced Hearing Loss. I was downgraded to H3 H3 LE by a specialist at QEMH Woolwichand told it would be permanent and that I must not fire weapons."

You disobeyed a medical specialist Bad idea

"Eventually, due to an injury, I was moved to HQ Coy but after 4-5 years I was over the injury"

You don't get better, the damage is forever, good luck with a civil suit
 
#10
"Eventually, due to an injury, I was moved to HQ Coy but after 4-5 years I was over the injury" That was a separate matter unrelated to the hearing loss, used just to illustrate that I was kept in a rifle platoon doing full duties until another unrelated injury necessitated me having to be put in HQ Company (it was a serious accident - I was the victim, and I was filled with screws, pins and metal plates)
 

sirbhp

LE
Book Reviewer
#11
go legal what have you got to loose ? Mind you it might cost you a few bob ,see if one of the million or so Army charities can help . Dont let it slide if you can help it . good luck
 
#12
"Eventually, due to an injury, I was moved to HQ Coy but after 4-5 years I was over the injury" That was a separate matter unrelated to the hearing loss, used just to illustrate that I was kept in a rifle platoon doing full duties until another unrelated injury necessitated me having to be put in HQ Company (it was a serious accident - I was the victim, and I was filled with screws, pins and metal plates)
Sorry misunderstood
 
#14
Date of knowledge is 1982 - original diagnosis. Didn't leave until late 90's.

On civil claims your legal team applies for a'set aside' to the date-barring I am led to believe?
 
#16
I don't quite understand it but they said it was 45% across the bands but not in the right frequencies or some such nonsense? And it had to be 50% across all bands?
 
#17
I have only brought this up because a guy I vaguely know at work was also diagnosed with NIHL around the same time as me (early 80's) . Like me his unit kept sending him to the ranges etc etc. He left in the late 80's and thought nothing more of it until a few years ago. Writes to MoD and they told him he had no case because before a certain date was covered by Crown Immunity. Tried for WP and they said his hearing wasn't severe enough across enough bands (same as me). So he contacts a No Win-No Fee firm, they took it oin, MoD settled a year or so later out of Court with a No Liability payment and his cut was just over 4k.

So was wondering if anyone else had done a historic claim?
 

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