WPS Lowball Compensation Award

[Fredbooggs]

Hi, hoping that somebody here may be able to offer some advice on my WPS claim and resultant award from October 2020. I unfortunately sustained numerous injuries during my short service. One of the injuries sustained led to the loss of a kidney and eventual medical discharge, my compensation totalled £12k and I was evaluated as having a 19% disability. Under the AFCS the loss of a kidney attracts an award of £40k. I feel unjustly penalised in that the replacement scheme (AFCS) provides more renumeration for the same sustained injury as opposed to what is made under the legacy WPS scheme. Has anybody successfully being able to challenge Veterans UK/MOD on this matter and have their compensation claim amount increased?

Thanks.

 

[dun_n_dusted]

Hi, hoping that somebody here may be able to offer some advice on my WPS claim and resultant award from October 2020. I unfortunately sustained numerous injuries during my short service. One of the injuries sustained led to the loss of a kidney and eventual medical discharge, my compensation totalled £12k and I was evaluated as having a 19% disability. Under the AFCS the loss of a kidney attracts an award of £40k. I feel unjustly penalised in that the replacement scheme (AFCS) provides more renumeration for the same sustained injury as opposed to what is made under the legacy WPS scheme. Has anybody successfully being able to challenge Veterans UK/MOD on this matter and have their compensation claim amount increased?

Thanks.

You can't compare monetary compensation from WP to AFCS, two different schemes created & regulated for different times.

You can always appeal your award whether it's WPS or AFCS but in your case, I'd concentrate on the % awarded and get it up to at least 40%, at that level supplementary's kick in (which you'd have to apply for).

 

[Fredbooggs]

You can't compare monetary compensation from WP to AFCS, two different schemes created & regulated for different times.

You can always appeal your award whether it's WPS or AFCS but in your case, I'd concentrate on the % awarded and get it up to at least 40%, at that level supplementary's kick in (which you'd have to apply for).

Hi dun_n_dusted,

Thanks for your response. So, in terms of getting an uplift in war disablement from 19% to ??? % I am looking at approaching it from the perspective of countering what is cited within the below listed document, specifically the listed sections;

JSP 765 Armed Forces Compensation Scheme Statement of Policy

2.13 - All claims are medically certified by DBS Veterans UK in-house medical advisers - Each DBS Veterans UK medical adviser may well have a different perspective, therefore one individual could assess your claim at a lower value than one of their peers due to there being no injury compensation guidelines to follow, unlike the AFCS 15 bands and supplementary award directive.

3.1 - For those injuries that are minor in nature, with a percentage disablement of less than 20 per cent, a lump sum gratuity may be payable. - So, the loss of a kidney is constituted as being a minor injury is it?

3.11 - There are specific set levels of assessments for certain prescribed injuries, which range from 20 to 100 per cent. These are mainly for the loss of body parts - Is the loss of a kidney not representative of losing a body part?

I also note that the Commons Library Briefing, 23/03/17 also states the following from Part 2 supplementary awards:

4) The supplementary award is £40,000 where the injury—
(a) results in the loss of one kidney

The three overhauls of the legacy WPS scheme which are detailed within;
The House of Commons Defence Committee Third Report (01/05/02)
AFCS review by Lord Boyce in 2010
Commons Library Briefing, 23/03/17

Lead me to believe me that the legacy WPS compensation award system was never fit for purpose and did not appropriately compensate those who were injured for pain and suffering.

Do you think that the above is ok, have I missed anything?

Thanks.

 

[dun_n_dusted]

You're entitled to your opinion as regards the value of the WPS, as a recipient of both WPS & AFCS with a decently long history of working with both I very much prefer the WPS.

For 11 injuries from 1975-2005 I'm on 50% with Mobility (transfered over from PIP) and ALSO and find the WPS personnel much easier to converse with and more knowledgeable than their AFCS counterparts. I could undoubtably apply for a WPS review to increase my % but I consider that would be greedy and refuse to lower myself to that level. I'm on nothing like that for AFCS (although the reason is because I sued the MoD and my AFCS award was reduced as a result - long story) and get a small GIP for the injuries that ended my 35 yr career.

My suggestion, for what it's worth, if you're going to appeal/claim for deterioration* don't use AFCS legislation to make your case (they'll ignore it as it doesn't apply to WPS legislation) just use facts backed up by your GP/Specialist.

Contact the RBL/Legion Scotland (whichever applies to your location, and speak to them about appealing your claim, it appears to me that they may not have had the full medical history and subsequent complications so may also be worth speaking with vetsuk.

War Pensions Scheme | Royal British Legion

Ex-serving personnel who have suffered an injury or illness as a result of service before 6 April 2005, can make a claim under the War Pension Scheme.

www.britishlegion.org.uk

 

[dingerr]

As harsh as it sounds, it’s irrelevant what you think your injury is worth. The legislation is clear and even a judge can’t make a decision contrary to the legislation.

Your only way forward was to launch a civil claim, but as it has been more than 6 years since injury you can no longer do this.

 

[Fredbooggs]

As harsh as it sounds, it’s irrelevant what you think your injury is worth. The legislation is clear and even a judge can’t make a decision contrary to the legislation.

Your only way forward was to launch a civil claim, but as it has been more than 6 years since injury you can no longer do this.

Thanks for the responses. All of my injuries occurred pre 2005 so the AFCS is not applicable in this instance, this I was aware of. However, I only mentioned the AFCS as I know that they made provision to compensate you adequately for the loss of a kidney, unlike the WPS compensation scheme. As my claim has already been acknowledged and I received a gratuity payment of £12k I will to pursue the avenue of having my disability % uplifted from 19% to whatever I can hopefully get out of them.

Cheers

 

[Football_mad]

Did you get anywhere with your appeal? I suffered a splenectomy and collapsed lung in 2004 and will be submitting a claim when I leave in May 22.

From what you have said in your post I am surprised you only received 19% if your condition was a level 10 or 9 on AFCS.

Mine comes in at level 11 and Level 13 so together I am hoping for above 20% but I may need to lower my expectations after your award if only 19%.

The AFCS details exactly what you will get but the WPS gives you no idea at all. I presume if you get an uplift in your % you will need to pay back the lump sum you received.

 

[Opd2Death]

If you haven't already done so then submit Appeal, if that fails then go to Tribunal, same happened to me, In 2015 my original award was 19% under AFCS, went through the Appeals Process and eventually took it to Tribunal in 2019 and % was increased to 30% so was then awarded WP. Had a review this year 2021 and increased to 40%.

Took 6 years though

 

[Opd2Death]

If you haven't already done so then submit Appeal, if that fails then go to Tribunal, same happened to me, In 2015 my original award was 19% under AFCS, went through the Appeals Process and eventually took it to Tribunal in 2019 and % was increased to 30% so was then awarded WP. Had a review this year 2021 and increased to 40%.

Took 6 years though

 

[Opd2Death]

If you haven't already done so then submit Appeal, if that fails then go to Tribunal, same happened to me, In 2015 my original award was 19% under AFCS, went through the Appeals Process and eventually took it to Tribunal in 2019 and % was increased to 30% so was then awarded WP. Had a review this year 2021 and increased to 40%.

Took 6 years though

 

[Opd2Death]

If you haven't already done so then submit Appeal, if that fails then go to Tribunal, same happened to me, In 2015 my original award was 19% under AFCS, went through the Appeals Process and eventually took it to Tribunal in 2019 and % was increased to 30% so was then awarded WP. Had a review this year 2021 and increased to 40%.

Still waiting on an additional AFCS Appeal, that's been going on since 2018

 

[Opd2Death]

Not quite sure why so many posts have popped up!

 

[Football_mad]

If you haven't already done so then submit Appeal, if that fails then go to Tribunal, same happened to me, In 2015 my original award was 19% under AFCS, went through the Appeals Process and eventually took it to Tribunal in 2019 and % was increased to 30% so was then awarded WP. Had a review this year 2021 and increased to 40%.

Took 6 years though

So if I get under 20% for splenectomy and collapsed lung I should appeal? 6 years is a lot of waiting and fighting.

Glad you got it uplifted

 

[Opd2Death]

You need a minimum of 20% to get a WP, its quite common for people to get the 19% because its cheaper in the long run to just make a lump sum award. I would say to definitely appeal, that may get rejected, if so then ask for it to be reconsidered by someone else at VetUK (its part of the process). If that fails take it to Tribunal with the help of the RBL(Free).

Other option is to speak with Irwin Mitchell solicitor's, they have a dedicated department but seem to have quite a high success rate.

Be aware that if you succeed and get a WP, they will deduct the original AFC payment from the pension, however the WP will be back dated so in theory you don't loose anything.

Sadly, yes it does take time but remember, WP is for life, that's your focus.

 

[Football_mad]

That’s great, thanks for the advice

 

[Opd2Death]

if you get in touch with Irwin Mitchell, speak with Amanda Marsh, she is on Twitter
@Amandamarsh2016

 

[Mosquito]

if you get in touch with Irwin Mitchell, speak with Amanda Marsh, she is on Twitter
@Amandamarsh2016

Her team focus on AFCS claims (although she's given me a bit of help regarding a WPS matter).

 

[Mosquito]

The key is to consider the disablements caused by your kidney loss and any other service-related conditions. There must be someone out there who has lost a kidney under the War Pension Scheme and gets more than 19%. Contacting the RBL is going to be your best route to finding similar examples.