Military Hearing Loss Claims: A Symptom of a Wider Problem?

For more than 25 years I have represented serving personnel and veterans pursuing compensation for injuries sustained during military service.

In recent years, military hearing loss claims have become one of the largest areas of military litigation in the United Kingdom.

The obvious question is: why?

Many people assume it is because veterans have become more willing to sue the Ministry of Defence. I do not believe that tells the whole story.

The current landscape has been shaped by the High Court litigation in Abbott v Ministry of Defence and the introduction of the Matrix Agreement, which removed many of the legal barriers that had historically prevented claims from succeeding. Those developments have transformed the way military hearing loss claims are investigated, negotiated and valued.

However, the legal developments raise a much bigger question.

Could much of this litigation have been avoided?

The MOD has long operated no-fault compensation schemes for injured service personnel through the War Pension Scheme and the Armed Forces Compensation Scheme.

Both schemes have undoubtedly helped many thousands of serving personnel and veterans.

But it is difficult to avoid asking whether they consistently kept pace with the realities of modern military service.

Had they done so, would so many former soldiers, sailors and aviators have needed to pursue lengthy, expensive civil litigation simply to obtain compensation they considered fair?

No one can answer that question with certainty, but it is one worth asking.

The cost of litigation

The military hearing loss litigation has required years of work by the High Court, specialist solicitors, King’s Counsel, medical experts and the Ministry of Defence itself.

Whatever view one takes about the outcome, the overall cost to the taxpayer has been considerable.

Had a more responsive compensation system evolved over previous decades, some of those resources might instead have been directed towards injured personnel themselves rather than lengthy legal proceedings.

Defence capability is about people

The Government is rightly investing heavily in defence capability. Modern equipment, improved infrastructure and increased defence spending are all essential if the United Kingdom is to meet the security challenges of the future.

But defence capability ultimately depends upon people.

The Armed Forces ask men and women to accept risks that most members of society never face. In return, those serving personnel should have confidence that, if they are injured in the service of their country, they will be treated fairly, efficiently and with dignity.

That is not simply a legal issue. It is an issue of recruitment, retention and morale. It also sits at the heart of the Armed Forces Covenant.

Looking forward

Military hearing loss litigation has undoubtedly improved accountability and has enabled many deserving veterans to obtain compensation.

Perhaps its greatest legacy, however, should be to encourage a wider discussion.

How do we ensure that future generations of serving personnel receive fair compensation without needing years of expensive litigation?

As the Government develops its long-term defence strategy, I believe that question deserves to form part of the conversation.

A modern Armed Forces deserves a modern compensation system.

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10 July 2026

Grant J. Evatt

Veteran of 29 Commando Regiment RA

Solicitor and Founder of Alma Law