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Worsening of an injury

Hello all, I've been hunting for a similar issue to mine, but not many are that close.

I buggered up my shoulder nearly 10 years ago and received compensation. since then it's gotten worse, I've had 2 surgeries on it and according to the consultant who fixed me up, I now fit the next tariff level up (asked him to read the tariffs and he agreed) he wrote a letter stating almost word for word the level 11 award, which I believe will qualify for GIP.
I was discharged for a different injury but this one is actually worse than the one I was discharged for.
I am now awaiting the response pack from Veterans UK and I have requested help from the RBL and know that I send the response to them when I get it.

Has anyone had this happen to them? What is the tribunal like? Will I even get GIP after I've been discharged and how do they work it out?

I can only thank you in advance for any help and really appreciate it too.
 
Back Ground:

Initially I made a claim for compensation for my conditions and was awarded a financial pay-out. I was then diagnosed with another condition so submitted a further condition form and was awarded 19%, this is 1% less than what is needed to get a War Pension. I was not happy with the % award so took it to Tribunal. I won and my % was significantly increased to 30%

The Tribunal:

Tribunal Board Panel consists of:
Judge
Medical "Expert"
Former Military Officer (Advisor to the Judge)
----------------------------------------------------------------------------------------------------------------
Veterans UK - Defendant - If they actually turn up

RBL Representative
You

The Tribunal opens with the Judge's opening statement, why it is taking place and what the Tribunal is seeking. Introductions are made and as long as everybody is happy then the Tribunal starts.

The RBL Rep should start the process, they are the ones that should lead with the Judge asking questions if needed, basically the RBL Rep asks a question and you respond. Don't be afraid to take time to think before you answer. Just have your facts and any supporting evidence to hand so that you can refer. Id suggest that before the Tribunal speak with your RBL Rep, Prepare your representation with them, if you get it right then you wont really need to speak that much, the RBL will take the lead and advocate and steer the hearing into the right direction.

The Medical "expert" in my Tribunal was a bit of a dick, expect then to ask probing questions as if they are trying to trip you up, that's not really the case but if you stand your ground with them you will be fine. I actually educated the medical expert believe it or not so its good if you have done some research into your injury/s

The Mil Officer was really good and supportive and I felt that he was actually there to back me up with things, ie he could validate service experiences to the Judge so the Judge could understand the picture from a Military perspective.

The Judge actually made his decision there and then which is pretty rare but I think that was because the "evidence to support" was pretty overwhelming and my award % was significantly increased.

Once the Tribunal is closed you will receive a the "Decision" letter from Fox Court, it will outline the case, the evidence and the decision and how the Judge came to his decision. The same letter will be sent to Veterans UK and they then act on that or appeal the decision which to be honest would be pretty slim.

Top Tips (Hope I'm not making you suck eggs)

1. Submit Subject Access Request (SAR) for your Military Medical records
2. Submit SAR to civi healthcare for your civi medical records if your a civi now

These SAR will provide you with historical evidence, don't rely on Veterans UK to get these. YOU provide them with as much supporting evidence as you can, its quicker in the long run.

1. Previous injury - speak to Veterans UK (Don't email, they take ages to respond due to covid), tell them your condition has worsened and see what they say, they may ask you to provide further evidence which I'm sure you can do as you have had surgery.

2. New Condition - Submit Form WPS0002 (you can download this from Gov.uk website)

3. While you are going through the claim process If you can, apply for PIP, if you get an award such as daily living allowance or mobility allowance or both then it strengthens your claim however if you get awarded GIP then you will loose PIP. You cant have both but while the process is going along which these days is taking anything up-to 260 days, you could be getting financial support from PIP.

Probably TMI really but hey ho,

Best Tip of all: Don't be afraid of a Tribunal, personally id opt for a Tribunal every time as its the best way to really represent yourself and your more than a name on a piece of paper.

Hope it helps,
Cheers
 
Mate,

Thank you very much for this reply. I reckon you've outlined every little thing I need to know for this malarkey. I'll be putting in the request for my records ASAP. I believe I've got my military ibes already so just need my civvie ones.

I am going to rely heavily on a black and white letter pretty much stating I have a permanent functional disability to my left arm. I'm hoping that holds a lot of weight and I also have a chance due to the tariffs changing, my injury occured with an old tariff and I made my claim after it lessend the award. That may help me too.

Thanks again for the help and I'm glad you got yours sorted
 

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