WPS Lowball Compensation Award

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.
 
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).
 
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.
 
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.

 
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.
 
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
 

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