Armed Forces Compensation Claim Support
Introduction to AFCS Claims
The Armed Forces Compensation Scheme (AFCS) provides compensation for serving personnel and veterans who suffer an injury or illness caused or made worse by their service.
It is a no-fault scheme, which means there does not need to have been negligence or somebody specifically at fault for an individual to qualify for compensation.
For someone approaching or going through medical discharge, AFCS compensation might be even more valuable. The condition affecting their military career could also have significant consequences for their health, future employment and financial situation after service.
AFCS is only one part of what can already be a complicated medical discharge journey.
Medical Discharge and AFCS
Medical discharge and AFCS are separate processes, but for many personnel or veterans, they can be connected. Someone being medically discharged might already be dealing with medical boards, treatment, occupational restrictions, Armed Forces pension decisions, resettlement, future employment and the financial implications of suddenly leaving their military career.
AFCS can become another important part of that picture.
Where someone is medically discharged, their principal medical condition may be automatically considered under AFCS in certain circumstances. However, a member of personnel might have other injuries or illnesses linked to service which also need to be considered.
For example, someone being discharged for a spinal sprain might also have ‘mild’ brain trauma.
Looking at the broader medical picture can be especially crucial for someone with a long service history.
How Do You Apply for the Armed Forces Compensation Scheme?
AFCS claims are administered through Veterans UK on the Government website.
An Armed Forces Compensation Scheme claim must be made within seven years of:
- the date of the incident causing the injury or illness;
- the date a pre-existing injury or illness was made worse by service;
- in the case of an illness, the date you first sought medical advice for that illness; or
- the date of discharge.
There are some very rare exceptions to these time limits, including certain late-onset illnesses.
Claims can be submitted directly by the veteran. However, in medical discharge, a claim might be automatically submitted on behalf of a veteran or service leaver – sometimes without the individual’s knowledge. This is why it’s important to look at applying yourself as soon as possible.
Veterans Welfare Group can help individuals understand the AFCS process alongside the wider circumstances surrounding their injury, illness or medical discharge.
Where a case becomes more complicated, however, specialist legal advice can sometimes be the best option. Veterans Welfare Group can put you in touch with JMW Solicitors, a trusted member and an organisation recognised under the Armed Forces Covenant with a Gold Award.
In some situations, it might be possible to pursue a civil compensation claim alongside an AFCS claim. The two routes are separate, although compensation received under the AFCS may need to be taken into account when working out damages in a civil claim. Specialist legal advice is important if both routes might be relevant.
When an AFCS Claim Becomes Complicated
On paper, the process can appear relatively straightforward.
In reality, some claims involve years of medical history, several different conditions, incomplete records, disputed causation or significant deterioration. This can be even more difficult when somebody is simultaneously going through medical discharge.
Proving Causation
The crux of an AFCS claim is establishing the relationship between the injury or illness and military service. This isn’t always straightforward.
A service member or veteran may have continued serving despite their symptoms. A condition might have developed gradually over many years. An existing condition may have been worsened by service, or symptoms may not have been fully investigated until much later.
Mental health conditions, musculoskeletal injuries, hearing problems and conditions associated with cumulative physical demands can all present different evidential challenges.
A service person or veteran may know exactly what happened to them. The challenge can be demonstrating how the available evidence supports that account and establishes the required link to service under the rules of the Scheme.
Getting the Right Medical Evidence
Medical evidence is a huge part of an AFCS claim. But a large medical record does not necessarily mean the relevant evidence is clear or easy to understand.
Service personnel may receive treatment across different units, Defence medical facilities, NHS hospitals and specialist services over many years. There might be gaps in the records, changing diagnoses or significant deterioration over time. Someone could also have continued working despite their symptoms.
Sometimes, the issue is not that the evidence does not exist. It is that the evidence has not been joined together.
The significance of individual records may only become clear alongside the person’s service history, how their condition developed and its impact on them.
Understanding how the different pieces fit together can be crucial when establishing the link between an injury or illness and military service.
When an AFCS Award Doesn't Reflect the Condition
AFCS uses a tariff system to determine the level of compensation awarded.
There are 15 Armed Forces Compensation Scheme tariff levels, with the most serious injuries attracting the highest awards.
Sometimes, an individual could believe the award they have received does not properly reflect the severity or consequences of their condition.
There can also be disagreement over which tariff descriptor should have been applied. Depending on what happens, the decision may need to be reconsidered and extra medical or other evidence might be needed.
If the dispute cannot be resolved through reconsideration, there is also an independent tribunal process. It is vital at the reconsideration stage that a service person or veteran understands why the original decision was made so that they can appropriately challenge it and improve the success rate.
Other Reasons for Armed Forces Compensation Claim Appeals
Besides a low tariff score, there are other reasons you might want to appeal the outcome of an Armed Forces Compensation Scheme claim, such as:
- Rejected claims
- Worsening condition – i.e. if your original award no longer matches the extent of your illness or injury
- New medical evidence
- Lack of consideration of the full medical picture (e.g. if you have a complex injury)
For more serious injuries, there might also be questions surrounding entitlement to a Guaranteed Income Payment (GIP). These are the types of circumstances where specialist advice can become especially valuable.
How Long Does an AFCS Claim Take?
AFCS claims can sometimes take a considerable amount of time to determine, particularly where further medical information or evidence is required.
For somebody already dealing with an injury, illness or medical discharge, that uncertainty can add to the pressure they are experiencing.
This is another reason we believe AFCS shouldn’t always be viewed as an isolated process.
Someone approaching medical discharge might simultaneously be trying to understand what income they will have after leaving, what pension they could receive, whether they can work, what treatment they will need and what support is there for their family.
An AFCS compensation claim takes place within that much bigger picture.
When Is Legal Advice the Best Option?
Not every AFCS claim requires a solicitor. However, specialist military claims solicitors can help people understand how best to approach an Armed Forces compensation claim, including understanding their options or challenging the amount of compensation awarded.
There are, however, situations where specialist legal advice should at least be considered.
These can include:
- complex or high-value claims;
- multiple related conditions;
- disputed service causation;
- rejected claims or disagreements over the tariff descriptor or level awarded; and
- reconsiderations and appeals.
A service person or veteran may understand their injury better than anybody. But they shouldn’t be expected to become an expert in compensation legislation simply because they have been injured.
Good support also means recognising when a case has reached the point where specialist legal expertise may be needed.
How Veterans Welfare Group Can Help
At Veterans Welfare Group, we know that making an Armed Forces compensation claim can be overwhelming, especially when you are already dealing with an injury, illness or medical discharge.
Some may simply need information and guidance to understand the process. Others may have circumstances where their claim has become too complicated to manage themselves.
Where legal help is needed, Veterans Welfare Group can connect veterans or personnel with trusted legal partners rather than leaving them to navigate the next stage alone.
One of those partners is JMW Solicitors, a member of the Veterans Welfare Group network with experience in military-related claims.
