Our specialist military injury team helped Ian* successfully appeal Veterans UK’s awarding of his injury. In doing so, we helped increase the financial support he’ll receive throughout his life.
What happened to Ian?
Ian joined the military due to his passion for being active. While on deployment in Afghanistan, Ian sustained multiple bullet wounds from an enemy sniper.
The gunshot injuries left Ian with significant daily pains. Ian had a spinal cord stimulator implanted, but the pain continued after the procedure.
Veterans UK initially claimed the injury was a Level 10 for a “complex injury to the chest which has caused - or is expected to cause - significant functional limitation or restriction at 26 weeks, with substantial recovery beyond that date”.
Invictus Games
With careful training and specialist preparation, Ian was able to participate in the Invictus Games. He was encouraged to do this by medical professionals, who believed the movement would reduce ongoing pain and prevent stiffness.
Ian trained for the Invictus Games once a month and focused on recovery after training. This often included increasing the use of the spinal cord stimulator and his pain medication.
How did Irwin Mitchell help Ian?
Ian came to our Armed Forces Compensation Scheme (AFCS) team with the hopes of placing a reconsideration of an initial award by Veterans UK.
At reconsideration, Veterans UK maintained the previous award. They advised that his participation in the Invictus Games contradicts any higher award.
Christie Fitzgerald, a chartered legal executive in our military injury team, helped Ian appeal the decision by Veterans UK. Our team reviewed the evidence of Ian’s case and gathered statements from:
- Ian about his participation in the Invictus Games
- Ian’s consultant about the extent of Ian’s injuries and which award they felt would be most appropriate for Ian’s injuries.
This evidence confirmed that the complex chest injury should be considered a permanent injury that’ll cause significant functional limitations.
We lodged an appeal against the reconsideration decision. At the appeal hearing, the Tribunal allowed the appeal and providing Level 7 award for a complex chest injury causing permanent significant functional limitation or restriction.
Increased financial support
Thanks to the successful appeal, Ian received a further five-figure sum for his injuries. This’ll be combined with guaranteed income payments of 50% of his military salary tax-free, index-linked for life.
With the award giving 50% GIP Ian was automatically eligible for Armed Forces Independent Payment (AFIP) which is paid as an alternative to Personal Independent Payment (PIP). With AFIP there’s no reassessment process, the only qualifying criteria are:
- A person must have received an award under AFCS for an injury or illness that has been caused by service
- That award must include entitlement to GIP payable at 50% or higher.
This financial support will provide Ian long-term security and is a life-changing amount of money.
Expert opinion
On Ian’s claim, Christie said: “Veterans UK wrongly awarded Ian’s injuries as a Level 10, which suggested he would make a recovery after 26 weeks.
“We were able to help Ian appeal the Level 10 award, and have it upgraded to a Level 7 which more appropriately considers the life-long impact of his injuries.
“The added money will provide Ian with added financial security as he looks to move on with his life after his injuries.”
*Not real name used.
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