I have received some feedback on my recent post on this subject and another existing case has prompted me to dive deeper.
Under the War Pension Scheme, the Secretary of State has the power to review an assessment of disablement:
At any time, and on any ground
That is a wide and flexible power.
It recognises a simple reality:
Particularly where an award is interim, the system anticipates that a claimant’s condition may evolve over time.
But a Review Is Not Automatic
Whilst the law does allow for reviews, that does not mean every application will succeed. A successful review depends on evidence—clear, structured, and properly directed evidence.
At its core, the question is:
Has your level of disablement, caused by your accepted conditions, materially changed?
What You Actually Have to Prove
There are two essential elements.
1. A Material Change in Your Condition
It is not enough to say that you feel worse. The change must be:
2. The Change Must Be Linked to Your Accepted Conditions
This is where many claims fall down. The deterioration must arise from:
the conditions already accepted as attributable to service
Not:
An Important Reality: Reviews Can Go Either Way
It is also important to understand that a review is not a one-way process. If you apply for a review of your War Pension:
Your award can be increased, maintained, or reduced
That is part of how the scheme operates. The aim is to ensure that your award reflects your true level of disablement today—no more and no less.
How Assessments Are Made
Under the scheme, your disablement is assessed by comparing your condition with a normal healthy person of the same age and sex.
You are not compared to your younger self. You are compared to:
someone of your own age, without your accepted conditions
Why This Matters
As we age, mobility and function naturally change. So the question is not:
“Am I worse than I used to be?”
It is:
“Am I worse than I would have been, at this age, without my service-related conditions?”
That distinction is critical.
Age Alone Is Not Enough
Another important point is that deterioration which is purely due to age cannot be taken into account. This is why a clear link to your accepted conditions is essential.
The Importance of Contemporaneous Evidence
This is where many review applications fail. It is not enough to apply for a review years after an award and simply say that your condition has worsened. What carries real weight is contemporaneous medical evidence.
In practical terms, that means:
This creates a clear chronology of decline.
Why This Matters in Practice
If the only evidence available is your own account of worsening symptoms then it may be difficult to prove, on the balance of probabilities, that your condition has materially deteriorated.
That is the legal test.
Furthermore, independent expert evidence can assist—but it is not guaranteed to carry decisive weight, particularly if it is not supported by underlying medical records. In most cases, the strongest evidence is real-time medical evidence showing that your condition has worsened and that you have sought treatment as a result.
What Good Evidence Looks Like
A well-prepared review application is built on:
Medical Evidence:
Functional Evidence:
Psychological Impact
Conditions such as PTSD may affect:
Again, this must be:
A Structured Approach
Before applying for a review, ask yourself:
If not, it may be better to pause, gather proper evidence, and proceed in a structured way.
Final Thought
The War Pension Scheme allows reviews at any time. But success depends on more than entitlement—it depends on evidence, timing, and approach. Sometimes the strongest step is not to rush forward, but to build the right evidence and present the right case at the right time.
(c) G Evatt 26.03.2026
[Image: Drakes Island from Devils Point Plymouth - GE]
Just #AskForGrant - he is a Law Society accredited personal injury solicitor who has specialised in claims for over 20 years. He's approachable, down to earth and you can rely on him to get you the compensation you need to get on with your life.
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