Mental Illness is Severe Enough - Satisfying the Regulations Is an Unnecessary Burden
Rigid regulations can make claiming a real challenge
The number of cases of servicemen and women [past and present] claiming for a mental health condition has been steadily rising but these are the most difficult claims to meet the quite unfair and punitive Regulations imposed by the MOD.
At the very time that claimants are struggling with the various conditions that come under the umbrella of mental health, they face an uphill struggle to secure the evidence they need for Veterans UK to accept their claims.
The problem rests with the requirement made by Veterans UK that there is a diagnosis from a psychologist or psychiatrist at consultant grade if a mental health disorder claim is to be considered. That is far more of a challenge than it sounds.
To add to the problem, the MOD then inform the claimants that they have just 3 months to submit a response and provide the evidence needed. If they fail to meet this harsh 3-month deadline to claim for compensation under the Armed Forces Compensation Scheme, the MOD invoke Article 63 of the Regulations and take no further action on the claim.
If a soldier [for example] is still serving in the military and receiving treatment for a mental health condition, they are far more likely to have access to a consultant – and this is key to securing an award under the Armed Forces Compensation Scheme. The consultant would be in a position where they can draft a letter or provide a formal diagnosis verifying that the patient has a mental health condition.
If a soldier has left the military and later develops a mental health condition, they are in the very capable hands of the NHS. However, this creates a much more difficult route to satisfying the requirement of a formal diagnosis of a mental health condition made by a consultant.
Many former servicemen and women who develop the symptoms of PTSD or other mental health conditions, often years after they are discharged, seek advice from their GPs.
PTSD Symptoms
The symptoms that are often commonly associated with PTSD include some or possibly all of the following:
- Feeling disassociated
- Feeling isolated
- Having suicidal feelings
- Demonstrating self-destructive tendencies
- Experiencing problems at work and/or in relationships
- A tendency to avoid people and places
- A feeling of anxiety and/or panic attacks
- Being easily moved to tears
- Frequent withdrawal into themselves
- Nightmares and/or flashbacks to particular events
- Insomnia, anger and aggression
- Feeling very distrustful and suspicious
- Misusing drugs, alcohol and/or food
- Seeking out high-risk, dangerous pursuits
- Mood Swings or depression
Unfair obstacle
Although a GP will often carry out an initial assessment, a patient will need to be referred to a mental health specialist for further assessment and treatment where the symptoms of PTSD have been present for more than 4 weeks or are severe.
The difficulty comes where some GPs are reluctant to refer a former serviceman or woman because they are making an AFCS claim and need to see a consultant. Some GPs have expressed their view that scarce NHS resources should not be used as a mechanism simply for someone to make a claim for compensation and therefore decline to make the referral.
Some serving personnel that we have represented have been able to access the wonderful services provided by the Departments of Community Mental Health [DCMH] based around the country, but the problem of securing a formal diagnosis by a clinician of consultant grade has remained a huge problem.
We recently represented a former serviceman who initially had a consultation with a Consultant Psychiatrist who kindly wrote a letter of support for our client’s claim. The problem was that although the clinician had outlined the presenting symptoms of PTSD very clearly, they did not specifically make a diagnosis. When we presented the letter to the MOD they declined the award on this technicality.
When we approached this Consultant to seek a second report, they had moved on to work at another hospital and there was no-one available that had the time to take over and provide our client with a written diagnosis.
The Regulations are so rigid that we have seen claims declined under the Armed Forces Compensation Scheme and War Pension Scheme where the diagnosis was made by a Registrar, a Senior Mental Health Counsellor and an experienced Community Psychiatric Nurse. All of these clinicians were more than capable of diagnosing PTSD, but even the Registrar was unable to sign a letter that would satisfy the requirements of claiming under the AFCS.
The whole problem with accessing a clinician of consultant grade has been exacerbated by the quite unprecedented situation with the Coronavirus. Consultants are extremely busy, and a scarce resource, so an increasing number of former servicemen and women are now struggling to meet the strict criteria for claiming.
Unless the regulations are relaxed so that Registrars, Senior Mental Health Counsellors, and specialist CPNs are permitted to make a diagnosis of a mental health condition, the MOD are going to continue to decline perfectly legitimate claims on a technicality.
That is unfair and a substantial obstacle in the recovery of these brave individuals who have served their country with distinction.