Can I use expert medical evidence in a War Pension/AFCS tribunal?

A veteran contacted me today seeking best advice concerning an appeal to the War Pensions Tribunal. He was worried that his medical records were light on the detail – a not uncommon issue.

He had two questions:

1.    Should I get a report from an independent medical expert?   

In civil personal injury claims, the evidence of an expert is very powerful and often supersedes material contained in medical records. But tribunals are slightly different; expert evidence is not that common and is usually obtained because the tribunal has ordered it. It is not guaranteed to trump the contents of the medical records. However, coherent and well-argued opinion from an established medical expert is always likely to be persuasive at worst. 

However, this comes at a cost.  If you wish to rely upon independent expert medical evidence, and persuade the tribunal to allow it in, you will need to pay for it.  Neither that expense, nor the cost of instructing a solicitor, is recoverable in the Tribunal.

2.    Do I need a solicitor for the tribunal?

The answer can be found HERE

Grant Evatt

10.02.2025

Before the law, Grant served in 29 Commando Regiment. He is a member of the RBL Solicitors Panel and the official War Pensions and AFCS Tribunals User Group, a former County Secretary of the Hampshire branch of SSAFA the Armed Forces Charity, a member of the Royal Marines Association and he is a vocal supporter of the Armed Forces Covenant.