AFCS Mental Health Claims – Why Functional Impact Matters

Mental health conditions arising from military service can be every bit as disabling as physical injuries.

Yet when making a claim under the Armed Forces Compensation Scheme (AFCS), there is a danger that serving personnel and veterans focus almost entirely upon the diagnosis.

The diagnosis is important. But it is only part of the story.

I was contacted recently by a serving member of the Armed Forces who has been diagnosed with a significant mental health condition and wanted some advice about making an AFCS claim.

My initial advice was straightforward: get the claim submitted.

Do I need a solicitor to make an AFCS claim?

You do not ordinarily need a solicitor to complete an initial AFCS application.

I have assisted many serving personnel and veterans with AFCS claims over the years and am very experienced in doing so. There will always be cases where somebody is struggling with their health or circumstances to such an extent that they simply cannot deal with the application themselves. In those cases, I am happy to help.

But I have to charge for my time and, for most people making an initial application, I would rather you kept your money.

The AFCS is a no-fault compensation scheme. It is not the same as bringing a civil negligence claim against the Ministry of Defence, and Veterans UK will not ordinarily pay your legal fees.

I would much rather provide some sensible guidance about what Veterans UK needs to know, enable people to make the initial application themselves where they can, and encourage them to share that guidance with other serving personnel and veterans.

If you need free specialist assistance, there are also service charities which can help. In particular, I am very happy to recommend the Royal British Legion, which has an experienced War Pensions and Armed Forces Compensation team and may also provide free representation at Tribunal.

Diagnosis and service causation

For an AFCS award to be made, Veterans UK must be satisfied that the relevant test of service causation is met.

In mental health cases, the medical evidence is particularly important. The Table 3 mental health provisions require an appropriately established diagnosis.

But establishing the diagnosis and its relationship to service is not the end of the assessment.

Explain how the condition actually affects you

When completing an AFCS claim form, it is important to explain the functional consequences of the condition.

That means describing honestly and fully how it affects your work or military duties, relationships and family life, social interaction, sleep, concentration, motivation, travel, hobbies and ordinary day-to-day functioning.

This matters because the Table 3 descriptors are not simply labels attached to particular diagnoses. They are concerned with the functional limitations or restrictions caused by the mental disorder, including its psychological, social and occupational effects.

Two people with the same diagnosis may therefore experience very different levels of functional impairment and potentially receive very different AFCS awards.

There is another point which, from my own military background and many years acting for serving personnel and veterans, I think is particularly important.

Do not minimise your symptoms simply because you are coping

Service personnel are trained to get on with the job. Many veterans carry that mentality with them for the rest of their lives.

Someone may still be serving. They may still be working effectively. They may be responding well to treatment. They may even be going through a particularly good period when they complete their application.

None of those things necessarily tells the whole story.

Equally, nobody should exaggerate their symptoms. The object is simply to give Veterans UK an accurate account of the condition and its effects over time — the difficult periods as well as the better ones.

Veterans UK needs to understand the true functional impact of the condition, not simply how somebody happens to be functioning on the day the form is completed.

What if I receive an interim award?

Where somebody remains under treatment and their condition has not reached a sufficiently settled state for its longer-term effects to be assessed, Veterans UK may make an interim award.

That is not necessarily a bad outcome. It can simply mean that it is too early to assess reliably the claimant’s eventual level of disability. Veterans UK will review an interim award at a later stage using updated medical evidence.

In those circumstances, there may be relatively little benefit in challenging the precise level of an interim award unless something appears obviously wrong.

The more important point may come when Veterans UK makes its final assessment. That is often the sensible time to obtain specialist advice about whether the correct Table 3 descriptor and tariff level have been applied.

Don’t leave a decision sitting in a drawer

If Veterans UK rejects your claim, or makes a final award which you do not believe properly reflects your condition, do something about it promptly.

You normally have 12 months from the date of the original decision notification to ask Veterans UK to reconsider its decision. If you remain dissatisfied following reconsideration, you can appeal to an independent Tribunal.

Over the years I have seen too many serving personnel and veterans seek advice only after the relevant time limit has passed.

Late challenges may sometimes be possible, but matters can become considerably more difficult. There is little sense in creating a limitation problem which could easily have been avoided.

Finally

Many serving personnel and veterans live with mental health symptoms for a considerable time before seeking help.

For some, acknowledging that something is wrong and asking for assistance is itself a significant step.

So my advice is relatively simple:

Get the claim in. Be honest about what has happened. Explain properly how the condition affects your life. Do not exaggerate it, but do not minimise it either.

If Veterans UK makes an important decision about your claim, read it carefully and seek specialist advice promptly if you think something is wrong.

And most importantly, continue to engage with the treatment and support available to you.

Compensation is important. Your health is more important.

(C) Grant Evatt

Solicitor and former 29 Commando Regiment Royal Artillery

28.08.26 

Disclaimer: This article provides general information about the Armed Forces Compensation Scheme and is not intended to provide legal advice in relation to any particular individual or claim. Every case depends upon its own facts and circumstances. If you are unsure about a Veterans UK decision or the applicable time limits, you should seek appropriate advice promptly.