The story so far with medical discharge .. any info appreciated ...

#1
well here goes a full insight into my medical discharge as to this date ...

joined the army in 1998 and was medically discharged in 1999 with Bilateral Degenerative Knee Pain whilst still in training..

rejoined the army in 2005 .. but then medically discharged again last year 2012 with the exact same problem.. Bilateral Degenerative Knee pain..


in 1999 i was medically discharged and left the army with nothing. recieved my medical in 2005 and was told my legs were sufficient enough to rejoin so i did.. then after a year my knees started to deteriorate significantly which downgraded me from full fitness and got medically discharged in july 2012 with a fully medical discharge with the army taking the blame for my condition..

what i received in compensation i think is absolute shit and i am currently in the process off appeals and reviews at the minute with help from various different organisations , RBL etc.

i was awarded a tier 1 medical discharge with a lump sum and preserved pension at 65 and i was also awarded a war pension at the rate of 20% which i feel is f*cking terrible as i cannot get full time employment anymore due to severe knee pain which will worsen as the years go by.. so i am looking for help and suggestions as to what i can do about this further i have already had some guidance from some member on here Escotia for one (thankyou) but would like some other opinions on my case..

here are a few pointers that i need some help on..

was it right for the arrmy to let me back into army knowing i had a medical condition?

is this medical negligence on there part?

they sent me the letter stating what i was getting as compensation 4 weeks after leaving the army and to my knowledge and digging this letter should have been sent before my discharge date. as this would let me appeal the decision ..is this correct ?

if it is correct is there anything i can do now about this ?

Escotia put me in contact with a solicitor but they cannot help me so is there anyone out there who can help me in a legal sense with this?

RBL, ssafa have both said to me there is a case to answer to here but i dont know where to start i have sent my letter to have my tier level reviewed but i think i know what m reply will be..i have also have my war pension case going to the upper appeals board aswell.

ive been digging through all previous post by members etc but it seems that there is not a specialist military solicitor out there that i can find that deals with this sort of stuff in scotland as they all seem to just want a fast buck from the AFCS.

thanks for reading and opinions wanted on this cheers
 
#2
Of course you can work again, don't be so stupid.
 
#3
my condition is severe to the point that i cant sit at a desk to gain employment and i cant do standing work as my knees give way.. . sorry i also meant full time employment i will ammend that now
 
#5
also i would like to add i would love to get back to work but i cant because of this .. i have been advised by army and civillian medical professionals and have it in writing my condition will deteriorate quicker the more strain i put on my both knees .. so its a catch 22..
 
#6
i was a young lad and didnt know what that meant ok.. the doctors at the time said it would get better as i was still growing and the army medical team said they were ok.. im asking for opinions not a mouthful of what i should have done heinsite is a wonderful thing if i knew m legs were to get like this i would have never have joined back up.. wouldnt be worth it and it seems it isnt ..
 
#7
Your obviously bitter in the circumstances you have experienced. But these questions that are being asked by others will be asked by anyone brought in on the side of the Army in any future case. Yes, you may not be able to be a truck driver, hod carrier or running athlete but there could be possible medical improvement available and then a job which may not be ideal in your eyes but keeps you sane!
 
#8
yes i know thats why i am trying to explore other employment opportunities but these take training and time to gain the neccasary qualifications , experience etc. i do feel bitter about this but only want a solution that can suit me and my familes needs .. everyone has heard the hardships people endure so wont go into mine and start moaning.. i just want solutions and help with this .. thanks
 
#9
i was a young lad and didnt know what that meant ok.. the doctors at the time said it would get better as i was still growing and the army medical team said they were ok.. im asking for opinions not a mouthful of what i should have done heinsite is a wonderful thing if i knew m legs were to get like this i would have never have joined back up.. wouldnt be worth it and it seems it isnt ..
That is actually a fair one. You took the advice of Doctors and were let down.
 

Wordsmith

LE
Book Reviewer
#10
also i would like to add i would love to get back to work but i cant because of this .. i have been advised by army and civillian medical professionals and have it in writing my condition will deteriorate quicker the more strain i put on my both knees .. so its a catch 22..
Excuse the silly question, but why would sitting down put a strain on your knees?

Most large firms - if they know you have a pre-existing medical problem - will generally provide a special chair to take any stress off of your knees. There's a lad uses one where I work. It cost the company £600 which is a trivial cost to a large company.

I appreciate you have been dealt a shitty hand of cards, but I'd ask the doctors treating you for guidance as to what needs to be done in your work environment to allow you to work without worsening your condition.

Wordsmith
 
#11
Excuse the silly question, but why would sitting down put a strain on your knees?

Most large firms - if they know you have a pre-existing medical problem - will generally provide a special chair to take any stress off of your knees. There's a lad uses one where I work. It cost the company £600 which is a trivial cost to a large company.

I appreciate you have been dealt a shitty hand of cards, but I'd ask the doctors treating you for guidance as to what needs to be done in your work environment to allow you to work without worsening your condition.

Wordsmith
Laddo here obviously wants a pay out.
 
#12
Not only that the Government operate the back to work scheme to assist any company financially to provide what you need.

If blokes missing both legs and an arm can go back to work, you've little excuse.
 
#13
Not only that the Government operate the back to work scheme to assist any company financially to provide what you need.

If blokes missing both legs and an arm can go back to work, you've little excuse.
Maybe he's got "Can't be arrsed" itis.

I was diagnosed with that.
 
#14
firstly i want employmentt but my condition is stopping me as explained. i cannot sit at work because both my legs go stiff and i end up extremely painful and get extreme discomfort . and as for standing for long periods of time my legs get really painful. this happens because there is minimal or no cartlidge left in both knees . i am not lazy and have never been lazy this is why i want a solution .. there are a few jobs out there but as also explained these need specialist training for long periods of time being an architect for instance takes 7 years and there job can be done sitting or standing or shared in beween . and as for wanting a payout yes why not i have been left with nothing until the age of 65 . what would you do?? yes exactly the same.. all circumstances are different and yes in maybe a few years time there maybe a cure for my medical condition but what am i supposed to do in the meantime. ?? i have never been on the dole in m life and have never taken handouts from anyone? all i want is help is that to much to ask for??
 
#15
You have a few things you can do. And im sure escotia etc has told you them already.

1. Get a specialist to write a report about your condition and the prognosis of said condition. Look for a specialist near your area then ask GP for referral.

2. Get your GP to refer you to an OT for an assessment of care needs.

3. Get your district nurse who will put you in touch with your pain management team and possibly the SPA team. (Special point asses) Also wheelchair services sounds like a likely candidate if you have mobility problems but there is a huge waiting list.

4. See your local disabilities welfare advisor as there is grants to get yourself back into work quickly.

Good luck fighting the spva and have facts and info before you start your case.

Btw an architect spends a lot of time up scaffolding whinging about shit that he drew and how brickies reading a drawing he did got it wrong... yeah whatever we only follow whats on the drawing as we dont get paid for shit that's not there. *******.

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#17
I don't know about how your condition affects your ability to work, but I do know most employers take a dim view of hiring anyone who relies on pain killers to get them through a day in the workplace, I understand what your saying about the pain caused by lack of movement /too much movement and I also question your limitation of employment choice (yes everyone would like to be a millionaire from there chosen follow up career but things like architect are a hard slog to get into, have you considered a job option with a less intense training regime.

most office based jobs allow for employees to take regular breaks particularly where the employer is receiving payments under the disability to work scheme (govt kickbacks), sadly for me that still makes it difficult to find an employer who is willing to overlook my other detractors but then I guess that's why I got a higher pension award...

as far as the tier 1 appeal goes, when I appealed mine I just wrote 2 paragraphs on a bit of paper signed it and sent it to them, 2 months later I had a revised decision and after having to pay back the difference between the lump sums started to receive a monthly award,

the war pension is a bit different that one you would need to use the RBL to lodge an appeal on your assessment of disability.


also given what you say your disability is and looking over the tier award don't be overly surprised if they uphold there original decision, even though there may well be a case to answer for some form of negligence, the best place to get help with it all would be the RBL as there legal team are old hands at helping services, and if you need day to day help then don't be shy of asking SAFFA, any cap badge benevolent fund, these also a wealth of civi organisations that can help and there's no reason not to ask them, hell you might even get a job offer or placement through them as well as guidance or financial help with things you hadn't considered , the downfall of a lot of ex forces is there pride and it can destroy family life.
 

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