Experts support former Army personnel challenge head injury award
We helped a former member of the army claim a higher award after the extent of his head injury wasn’t fully considered.
What happened to Chris*?
*Not real name used.
Chris was a former army personnel, and over a decade ago, he sustained a head injury during service.
On leaving the military, he independently submitted a claim for his head injury. He received a low-level interim award for a minor traumatic head injury that caused limitations for more than six weeks.
Chris later developed PTSD, unrelated to the head injury, due to his later operational tours. He submitted a claim for this independently and a low-level award.
How did his injuries impact Chris?
Chris’ head injury saw him receive specialist input from Defence Medical Welfare Service where he underwent rehab for over a year before being upgraded to return to military service.
It was after this that Chris went on his operational tours which, unfortunately, led to the development of PTSD. Because of his mental health deterioration Chris was ultimately medically discharged losing his military career.
With Chris’ PTSD he experiences symptoms including paranoia, avoidance and mood changes.
He felt unable to remain in his home country due to his paranoia so made the decision to move away from his family and live in England.
Chris was able to secure work in Health and Safety but continued to struggle with the occupational restrictions and limitations placed upon him by his PTSD. Ultimately, he ended up having to resign from this role.
How did Irwin Mitchell help Chris?
Chris came to our specialist Armed Forces Compensation Scheme (AFCS) team to help with his mental health claim. At the time the team had no knowledge of his prior head injury claim.
Our team, led by Christie Fitzgerald, applied for Chris’s full papers from the Defence Business Service (formerly Veterans UK).
On review, the team could see that the impact of his head injury had caused limitations for longer than six weeks. In fact, it had caused him limitations for over 52 weeks, and this was well evidenced within the papers and knowable at the time of the final decision by DBS, over a decade ago. This had not been properly considered when finalising the award.
With this information, our team turned to Article 59. This can be utilised if it’s believed that a decision was made in ignorance of knowable facts, facts that should have been seen at the time. This application was made and ran alongside, but separate, to the ongoing mental health claim.
Changing the award
We argued that had his medical records been correctly reviewed, it would have been clear that Chris had limitations longer than 52 weeks.
This was accepted by the Defence Business Service. His award was increased to a ‘minor traumatic head injury which has caused, or is expected to cause, functionally limiting or restricting post-traumatic syndrome for more than 52 weeks’.
This increase meant Chris received almost £10,000 more in a lump sum payment. He would also be entitled to guaranteed income payments of 30% of his military salary. This was backdated five years, to the day after his last day of service.
This provided Chris with financial security whilst his mental health claim was ongoing. This was only possible because of the thorough review our team did of his medical records.
Expert opinion
On Chris’s claim, Christie said:
“Article 59 is an invaluable provision within the Scheme which is not commonly known about. It provides a route to reconsider any decision again if the criteria is met. What is also very valuable is the fact that there are no time limits to make an application under this Article.
“In this scenario, the decision in question was made over 10 years ago, but a mistake is a mistake, which should be allowed to be rectified, no matter how long ago it was made.
“We are very pleased we were able to achieve this outcome for Chris. It goes to evidence how important it is to carefully scrutinise any decisions made and the evidence available, no matter when the decision was made”
Speak to a specialist
We are here to help you understand your rights and the support you need. Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
Call us free on 0370 1500 100
.jpg%3Fh%3D900%26iar%3D0%26w%3D1072&w=3840&q=75){kind=logo}