War Veterans Agency - Pension Claim

[Crewmanex]

Ladies/Gentleman

I am in the process of filling in the War Pension Appeals forms having been refused a War Disablement Pension for high tone deafness and tinnitus as a result of 5500 hrs of SH flying. In order to assess the claim, the Veterans Agency use a table contained in the Department for Works and Pension document on Occupational Deafness which was issued November 2002. For compensation purposes they will only consider damage of 50dB or more in the 1, 2 and 3 kHz ranges. The damage to my hearing is averaged at 60dB in the 5 – 8 kHz range and has been acknowledged as ‘attributable to service’. In spite of this there will be no compensation.

I have already contacted the Royal British Legion and they have been extremely helpful. If, however, there are others out there who have been through this process and could possibly offer advice and alternative strategies I would be pleased to hear from them.

Many thanks in anticipation.

Cmx

[6Z3]

35 years of helo flying, with Gazelles doing the worst damage, I was actually just successful in my disability claim in that my hearing loss was 50dB in both ears at 1,2,and 3 KHz. Beyond 3KHz I have very little hearing in either ear. Successful is perhaps the wrong word, as my hearing loss has effectively scuppered most of my civvy street options. I cannot pass a Class 1 medical, so flying is out. I find it difficult to converse at normal conversation levels, so meetings and consultancy work is very difficult; even training to be a driving instructor (which I considered) was too difficult. I do use hearing aids which help for short periods before headaches set in. I get £182 a month for my disability. So as I say, successful is perhaps not the right word. Fortunately, Mrs 6Z3 works, and the Service pension is pretty good.
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Not much help to you, but I guess you should be able to pass a Class 1 medical. When I left the mob a couple of years ago the RNID was campaigning against the MoD's shift in policy, now paying nothing unless the disability is 20% (ie at least 50dB loss in both ears at 1,2, and 3 KHz). Previously you could claim a gratuity for disability less than 20%, now you get nothing. You could try and get in touch with the RNID to see how far their campaign progressed. You mention that Tinnitis is a problem; I would work on that element of you hearing damage.
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By the way, had my claim not succeeded, I would have sued the MoD for medical negligence for continuing to appoint me for many years to flying billets knowing that flying had already damaged my hearing (my audiograms started dipping in 1982!), and that it would continue to damage it to such an extent that I risked being be medically discharged. As it happened my hearing loss was just below the 50dB bar.
Good luck with whatever you plan.
PS Another hearing-loss symptom is verbosity!

[Shack37]

CMX
I've been through this appeal procedure unsuccessfully. In my case they also accepted liability but refused compensation on the grounds that age (I'm a wrinkly) was also a contributing factor. I don't recall any query about the high tone deafness (which I have) as I believe it was accepted that this was a problem specific to aircraft engines, as demonstrated by Lanc ear, Shack ear etc.

They sent me my service medical record showing entry and release medicals from 1960/1971 the hearing tests of which consisted of the MO "whispering" from 20' away but could not produce the results of a proper audiogram I had only a matter of months prior to discharge just before the issue of ear defenders became the norm.

The tribunal, sitting opposite you consists of:
a. Chairman (local lawyer)
b. Their ear specialist
c. Brit. Leg. (or similar) to witness the proceedings are correctly conducted.
On your side of the table will be yourself, your representative if you choose to have one and a War Pensions Dept. Rep.

The advice I would offer from this experience is:

1.Get help to complete the appeal forms, they WILL be used at the tribunal and possibly against you if you provide too much information. I made the mistake of trying to be helpful and including a civvy audiogram which didn't have the 3Khz range on it and showed my hearing less affected than the one MoD did. The chairman asked me to explain. I was only saved by the fact I had a RAFA guy with me who argued "my" audiogram was invalidated by the absence of the 3Khz reading.

2.Have someone with you as your representative. If you're not going the whole hog and taking a lawyer, doctor etc the RAFA will provide someone free of charge even if you're not a member. If you decide to have a doctor with you they will expect suitable notice of your intention. Remember, the opposition have done this hundreds of times, you only get one chance!

3.Where there is doubt the tribunal is obliged to find in your favour.

The actual procedure is straightforward, you go in with your rep, are introduced to all present and answer (or let your rep answer) some questions. You, your rep and the War Pensions person then wait outside while they discuss your appeal. Then you're called back in and given their decision which, I think, is pretty much final.

As for strategy, you will be invited for an audiogram test before the appeal. See how deaf you can be at the lower frequencies:cool:

Good luck and remember to claim your travel/subsistance expenses.
s37:ugh:

Have to agree on the verbosity comment in post #2 although I probably didn't need to say it:hmm:

[Pontius Navigator]

6Z3,

Interested to swap details off board. Like Shack I was high tone deaf and got a 1-5% rating and a small payout (I have two problems).

The hearing one was written up as a one-off problem that wold not get worse now I was removed from the noise source. Any further deterioration would be due to age. The answer here, for others, is to ensure that you get an audiogram after each flying tour if you have been declared A2 for hearing. If the doc as right your last, post-flying test and your first, post-retiring should be the same. If that latter test was much worse, but you are much older, then you can justifiably point to the first test.

As for hearing aids I agree they are a hot, uncomfortable pain in the ear. I complained and my audiologist (great bloke) immediately got me soft jelly moulds. Still hot but not painful.

Finally, tinnitus is a no chance issue. Off hand it is leaflet 10 or 11. They say it is part and parcel of the main hearing loss.

I am going back to appeal for my other problem.

[Doobs]

How does the War pension Claim process work?
I had an injury sustained on duty some 15 years ago and as a result still suffer from some discomfort and a degree of bone deformity. (bone grafts in my foot).
When I leave the service in 18 months, can I submit a compensation case?
Any feedback would be useful.

[Pontius Navigator]

Doobs, you should contact the Royal British Legion now. Ask for advice. There is nothing available until after you retire but the sooner you claim after that point the better as the injury is clearly attributable.

At the least you may get a lump sum. Later, if there is a further attributable deterioration it may be reassessed and you get a pension.

Beware though, once a pension is in issuance if you appeal later and they assess an improvement then you could have it reduced or stopped.

[blind pue]

Doobs.

Start collecting all the information about your injury NOW! It is a lot easier for the VeteransAgency to process your claim if you present them with all the facts in one go.

Thing to do:-

1) Speak to the med centre and get a copy of the incident or your F med report that first highlights the injury. Then back it up with more recent medicals that show you still suffer from that complaint.(this is in case point 5) goes missing in the post?)

2) If it was a reported accident get a copy of that, It could be anything from a Injury book in the hanger,Gym or Guardroom to a form 5 or an Aircraft Accident Report (The latter leaves no doubt that it was an injury received whilst on duty).

3) Get a copy of WPA-leaflet-1. It is the notes on pensions and gives all the info required. or look at www.veteransagency.mod.uk.

4) On your discharge date phone the Veterans agency 0800 169 22 77 to register your claim, they will send you an acknowledgement letter and forms to fill in. It is from this date that you will be entitled to any back pay if the process takes any amount of time. (if you leave it for a few months it does not get backdated to your discharge date. only to the date you registered.)

5) Write a letter to 'Disclosure 3 (Medical)' in Glasgow to get all your Docs.
This again helps with the process as you will have your full medical history to hand. (If RAF, sorry I don't know who to write too).

6) Speak to your local Royal British Legion as a back up in case you need some advice, they have legal experts that can help.

The Veterans agency will also be checking your medical history in the same way, and may well make an appointment for a doctor to visit you. He/She will then assess your injury and report back.

If you feel you have had any other problems attributed to service Hearing/Knees etc, mention it as they may affect you as you get older, the Doctor will make a note of it just in case.

You may not be entitled to a pension for everything you claim for, somethings are put down to age and lifestyle. but if you are honest and can prove it is due to your time in the Service, the Agency are very good and fair.

Claims are dealt with in 2 ways, below 20% you will receive a lump sum normally not much more than £2-£3000, over 20%, £26.96 to %100 £134.80 a week tax free. Officers £1407 - £7034 a year (2006-7 rates).

I left in 2000 and it took nearly a year to get my pension, this was mainly my own fault as I was working out of the country, but to demonstrate their commitment the Agency rang me to ask a question and couldn't understand why I was still in bed at 2 in the afternoon until I pointed out that I was in San Diego. but even after the year I still got the money back dated to my discharge date which was the date I registered.

Hope it all helps and Good Luck:8

[Wader2]

The Veterans agency will also be checking your medical history in the same way, and may well make an appointment for a doctor to visit you. He/She will then assess your injury and report back.

I had a very good doctor. He certainly seemed to be on my side.

Make sure that you tell him what you can't do not what you can.

[Doobs]

Cheers all for the advice. I will now certainly start the ball rolling.