The Unforgiving Reality of the Regulations
Understanding the difficulties involved in making a claim
The MOD has published its annual report regarding the AFCS and WPS ending 31st March 2019 and, if you can actually find it in the first place, it makes for interesting – if sobering – reading.
Let’s start with a few statistics:
- 46% of all applications are declined at the first attempt.
- 14% of applications are declined because Veterans UK consider your injuries are not serious enough.
- 30% of applications are declined because Veterans UK consider your injuries to not be caused by your military service.
- Only 2% of all applications are awarded a GIP.
If you go to Veterans UK for help with your claim, you will be asking for advice and guidance from the very organisation that also decides on your claim. Think of it another way: if you were getting divorced, would you ask your husband/wife’s lawyers for help to secure you the best financial settlement?
However, and to be fair, you can make these claims yourself [free of charge] but if you want a realistic chance of securing an award you need to be confident that you understand what you’re letting yourself in for.
Here’s our list of items that you need to be able to do:
- You need to be able to complete the 20-page application form – and it is not quite as straightforward as you might think.
- You need to be able to understand the various Articles within the AFCS Regulations which are complex and deliberately written in legal jargon which for many applicants is very confusing.
- You need to be clear about what the time limits are for claiming at each stage of your application. They are different depending on the type of claim and at what stage it has reached.
- You need to be familiar with the rules governing sports injury claims and the importance of being fully authorised to take part. You’ll find, for example, a significant difference between representing your Unit/Sqn/Battalion and being injured whilst taking part in the routine sports afternoon.
- You need to understand the relevance of Calling Orders and what vital pieces of evidence they represent.
- You need to be clear about what is required from an Executive Factual Report, and equally important, how to request one when the person that is being asked to write it may be difficult to contact.
- You are clear on the rules of Article (3) which covers slipping, tripping, and falling claims. This includes the implications of being on/off duty, off duty, whether you are in uniform, whether you are on your way to work, whether it is snowing, raining, icy or there are hazards that could cause your injury.
- You understand the significance of Article 8 which will determine whether your injury, illness or condition is deemed as having been caused by your service. Remember – 30% of applications fail on this Regulation!
- You can differentiate between the meanings of an injury, illness or condition being ‘partly’ but not ‘predominantly’ caused by service.
- You understand the difference between something that is ‘wholly’ or ‘partly’ caused by service under Articles 11 and 12.
- You have enough medical knowledge to read, decipher, extract and, if necessary, contest information contained in your medical records. Good luck with that one!
- You have the necessary writing skills to draft a strong argument that convinces the Medical Advisers at Veterans UK that they have made an error in declining your application. Suggesting to Veterans UK that they are wrong needs strong evidence.
If you can do all this then you don’t need our help. We don't hide the reality of just how difficult these claims are, so if you want to maximise your chances of success then just speak to us and we’ll give you all the advice you need.