War Pension Assessment Appeal

Discussion in 'Armed Forces Pension Scheme' started by Whybr5181, May 7, 2011.

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  1. Hi,

    I am newbie and although over the years have also sought advice from the forum but have never posted until today. I feel I should share this with others.

    I have been in receipt of a war pension since 1994. (20%) and in 1998 was increased to 40% on appeal. I put in a deterioration claim in May 2010 and was increased to 50%. I appealed and my case was heard yesterday in London.
    I have now been given a 100% war pension and this will be reviewed in 2013.
    I am writing this in order to encourage others who are in doubt to press ahead and appeal.
    The SPVA were dumbstruck at medical evidence but could not present an argument and it appears to me (being twice to a tribunal for my war pension) that the tribunal service is more "in tune" to ex servicemen and reinforced the my suspicion that the VA dont really read the med evidence to start with.
    I must say that the RBL were fantastic and very good at representation.

    Now that I am at 100% I have been informed that there are supplementary benefits that I can claim, such as unemployability, comfort allowance etc. I have been long term sick since last year but in receipt of my full salary, so I am unsure of how this will work but the RBL have stated that they will help. If any of you are aware of how long this procedure takes etc, I would appreciate it. I just hope that I do not have to fight and wait for these, or experience what I did for treatment allowance (I waited 8 weeks and had not been processed that I went back to work and arranged for evening treatment at the RNOH)

    I also discovered yesterday that the VA have Welfare Managers that can visit at home and assist where necessary with entitlements and form filling. How has it taken 18 years for this info to reach me? How many others are not aware of this service?

    I just thought that this info may encourage others to appeal, it was interesting to note that 4 war pension appeals were scheduled for yesterday in London and 3 withdrew their appeals. Mine was the only one heard and the RBL rep said that many ex servicemen get anxious and withdraw.
    • Like Like x 2
  2. Thanks for that info.
  3. 5181: Congratulations on your increased assessment.

    In my view the SPVA awards the lowest possible assessment it thinks it can get away with, in the knowledge that many will appeal. I was awarded a gratuity in 07, on medical discharge from the RN, which was increased one tier on appeal. I am now applying for review on deterioration grounds.

    If applicants think their award is too small, or was inappropriately rejected, they should appeal. As you'll have found, it's pretty bureacratic and time-consuming, so I wouldn't do it as a 'chancer' but only if, folloowing advice from, sat RBL, that one should.
  4. Bimey, This claiming supplements is hard work! Its like a interview without coffee.

    I have, as recommended by the VA welfare officer applied for Unemployability and CAA, I had a doctor visit today and he asked a few questions.

    First sign this (passed to left hand.) I couldnt take it and he put it down for me to sign.
    I need to see driving licence to confirm identity. (I knew where this was heading but my wife fetched it, he looked and failed to notice that I haven't bothered changing the address etc on it as I no longer drive)

    Doc: (after 10 -15 mins) How many times has your shoulder dislocated since my arrival?
    A. I dont know, I dont count any more.
    Doc:: I have been observing them, its a large amount.

    Doc: You can shave?
    A. Yes, but only with assistance.

    Doc: well, you cant dress, cook, clean, bathe, shower without assistance can you? (a statement not a question)

    Doc: You have another op planned?
    A. Yes, in August, but the RNOH have warned of an 80% failure and loss of limb permanently.
    Doc: ha ha but its a 20% chance of success.

    Doc: How many times does your wife have to help in during the night?
    A. Four/five/six. I dont really log the amount, I didnt know I had to.
    Doc: but she has to help?
    a. What do you think? she has had to help me get comfortable in this chair since you've been here.

    Doc: Clothing, what do you wear?
    A. Shorts,
    Doc: In winter?
    A. Shorts.
    Doc: (as writing) Shorts, jogging bottoms, leisure wear..
    A. No, shorts, no top, just shorts.

    Doc: your shoulder brace, is it a special one?
    A. I dont know whats a special one? I went to surgical appliances, got measured and it arrived. Does that mean its a special one?

    Then he stated that he is awarding me Unemployability supplement for 2 years only. I have read the guidance and it states that you need to be assessed at more than two years or the claim is not relevant, so I think I have lost out. With regards to CAA, he didnt ask anything. He just scribbled frantically and went. He asked if I was receiving a state dla benefit and I said yes, low rate care from before deterioration and that the tribunal stated it was not an appropriate level. He then left and said report would be sent in two weeks.

    Any ideas?
  5. Whybr5181 - Have a bit of experience with these generally tweed wearing cnuts. When answering questions, like you appear to have done, I answered on my present feelings and pain. Lost a shitload. Had to go through 3 appeals to date and lost IIDB totally. When explaining symptom's describe , emphatically, but truthfully , your worst days and restrictions on daily activity. Even down to impact on private life, sex, hobbies or lack of them. If Prosthesis is required, not only discuss fit, but problems associated with fitting, going to hospitals and so on. Always give worst case prognosis from doctors. Describe implications of travelling, private or public transport. describe assistence required in all facets of your daily routine, wife needs to wipe arse, lift off toilet etc. Even comes down to how you now value your self worth , appearence and so on. Basicaslly if you don't say it , they won't record it. They will record what you say, mumble it back and orf to the next one , job done. Big rule is don't lie, they may be in a rush but they are not daft. They will, at the drop of a hat, employ private detective,s to video you doing anything you said you couldn't. So no lie, no interview under caution. Hope this is helpful, it's a bastard being at a point in life that you never anticipated, good luck mate.
  6. I agree. I am in receipt of DWP at 40% since 2005 which was increased from 30% 1998. Basically I suffered foot trench/frostbite in 1981. And as there wasn't really any physiotherapy in those days my legs especially my knees never recovered.

    So as time passed they have got progressively worse, I have had hospital visits but they said it's osteoarthritis. I took really ill in March 2013 ending up in a coma and suffering brain damage due to oxygen deficiency.

    I have been told I will never work again although I get my preserved pension which was very straightforward. Now my knees are really bad that I can hardly get upstairs. So I asked for a review of my DWP but they refused to increase my disability and left it at 40%. I couldn't believe it, so they are saying there's been no deterioration in 9 years BS.

    I appealed it went to tribunal in Manchester I did not go due to my illness as if I go out alone I tend to get confused and forget where I am!! The tribunal upheld the VA decision. So is there anything I can do now or is it case closed
  7. jim: You can only appeal on a point of law - that is, the law regarding assessment was misapplied. Unless you believe this to be the case via advice from, say, RBL, there's nothing you can do. BUT, there's nothing to stop you putting in an application for a review (deterioration) again, in, say, a year, as I'm not aware that there's any limit to how often you can request this. Persistance may pay off.
  8. Persistence may well pay off, but only if the report his GP will be asked to send in shows a marked deterioration which is supported by the report the atos Health Care professional supplies.