AFCS Claims – What can you do if your injury worsens?

I am often asked by serving soldiers and veterans about their options when an injury or illness suffered during their military service, for which they received an award under the Armed Forces Compensation Scheme (AFCS), gets much worse.

Hopefully this short guide will be of assistance.

Presumably the injury which was claimed for was caused by service otherwise Veterans UK would have refused the application.  If an injury or illness has deteriorated or, it has caused a further injury to develop, then you can apply for a Review of the earlier award.

Awards under the scheme are meant to consider the expected development of an injury or illness and so are usually made on a full and final basis, but awards can be revised if, due to deterioration, or further injury, the condition has worsened.

LEFT SERVICE 

If you are leaving or have just left service, you must meet the following criteria to apply for a Service Termination Review:-

• Your application for review must be made within 1 year of your service ending; and
• The previous decision to make an award must have been made no more than 7 years before the day your service ended

The review can only be carried out once for each decision made and the award will only be revised up if the injury or illness has become worse or it has caused a further injury to develop. 

AN EXCEPTIONAL REVIEW

a.  AFCS CLAIMS MADE WITHIN THE LAST 10 YEARS 

To qualify for an exceptional review of an award made within the previous 10 years, the review application must be received by Veterans UK within 1-year of the worsening of or the further injury developing.

The small print:-

• An Exceptional Review can only be carried out once for each decision made
• The award will only be revised up if the injury or illness has become worse or it has caused a further injury to develop; and
• The worsening must be unexpected, and it arose within 10 years of the original award from Veterans UK

b.  REVIEW FINAL – AFCS CLAIMS MADE 10 OR MORE YEARS AGO

To qualify for an exceptional review of an award made 10 or more years ago, again, the application must be made within 1-year of the worsening of or the further injury developing.

The small print:-

• A Review Final can only be carried out once for each decision made
• The award will only be revised up if the injury or illness has become worse or it has caused a further injury to develop and the worsening is substantial and unexpected.

IN SUMMARY

• You have only 1 year from the date the injury or illness became worseto apply for a review of your AFCS award
• A review can be conducted only once
• If you apply within 10 years of your AFCS award, the worsening or further injury must be unexpected.
• If you apply more than 10 years after the first award, the worsening or further injury must be substantial and unexpected.

Grant Evatt is a former British Army Commando who has specialised in military compensation and AFCS claims for more than two decades and he is an authority in this complex area.

20th June 2024