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Old 31st Jul 2007, 21:55
  #3 (permalink)  
Shack37
 
Join Date: Jan 2005
Location: N. Spain
Age: 79
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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

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

Have to agree on the verbosity comment in post #2 although I probably didn't need to say it
Shack37 is offline