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Thank you for that EL Prez,I get a 50% war pension although I am 80% disabled.I challenged the WP a few years ago and took them to the WPAT in which I lost.I was claiming that my right hip problem with Ostoearthritis was due to service, they disputed that saying when I left the Army and joined the Police my problem was not there.I get aWP for back,left hip,and hearing problems,that is why I challenged the WP saying that my right hip was a result of a couple of Parachuting accidents,which I might add they accepted.The Pension Appeals Tribunal was a bit of a farce, the chairman constantly complained about the poor presentation of the case by the WP, and the extremely poor handwriting reports by the doctors who carried out my home visit,I duly informed the chairman that this was not of my doing and could he deal with matter in question.I appealed again about the case to the PAT and my case was heard again by the same panel as I had before,now is that unfair or what at least with the DSS you would have got a completely different person to look at your case again, and if not satisfied could appeal to an Ombudsman,but not WAR PENSIONERS, it seems that It is totally biased,I informed the PAT that the PAT system was not independent and that it is part of the Lord Chancellors Dept in Government,I even mentioned the fact that it was a contravention of the European Commission OF Human Rights.What do you think,I would appreciate any feedback from any other members who have had similar decisions taken against,them.

BIG TAM

It cannot be fair that an appeal panel is the same group that made your disputed decision in the first place.
Did you have representation from the Legion? They will provide advisors and representatives who are skilled at this type of thing. The service is free, but a donation to funds is always appreciated. I would send your file to the RBL and ask for their advice. At the same time notify Norcross about your decision.

El Prez,I had RBL representation from the Scottish branch but the chap who represented me only met me at the tribunal ten minutes prior to the hearing,the representative was not a legal man,nor was he a medical man. His input was, he presented my case for me to the tribunal and that was that,eg an introduction basically.I could have done that myself.The tribunal doctor disallowed a few specialist reports and references produced by me on the subject of Osteoarthritis and other bone conditions.It appears that an ordinary General Practitioner can over rule Orthopaedic Surgeons reports to suit the War Pensions and we have to accept it.That is what is so unfair about the system.I have written evidence stating that doctors working for the DSS and WP were encouraged to tell lies about claiments in order to receive a bigger payment for their services.

BIG TAM.

I have written evidence stating that doctors working for the DSS and WP were encouraged to tell lies about claiments in order to receive a bigger payment for their services.

Now that I would like to see. They dispute that my balance disorder is caused by, and a result of, the accepted condition, Tinnitus. My argument that the vestibular dysfunction is a result of Tinnitus, because without the Tinnitus there would not be a dysfunction was thrown out. They deny reports and evidence from American ENT docs, I may go back into bat on this one.

El Prez,With regards to hearing,I would go back to my doctor and ask for a new test to be carried out on my hearing and ask for a written report on it to be compiled by the hearing specialist for onward transmission to the WP.Sometime ago a statement went out from the WP that a few War Pensioners who had received a pension for their hearing stating that the test was carried out wrongly and quite a few pensioners lost their pensions accordingly, if they got it wrong with the equipment then why not submit a new claim stating that you have been to a specialist and his report is enclosed (copy).If your new claimis successful you might just get payments backdated.

Some interesting points here.

Prez, I suffer from acute vertigo regarding micro surgery to repair ear drum, leaving me partially deaf (hearing aid wearer) with the usually tinnitus accepted by the VA/WPA as service related illness. Cannot work above ground level, cannot paint ceilings (hooray!) etc.

Tam, like you I went to a PAT appeal in London under as you say The Lord Chancellors dept, I represented myself (I wish I hadn't) but won part of my case and got my pension increased to 40%, only 16% of all cases are successful.

Re the Veterans Agency (as it is now called) took nine months to decide if my (further) appeal would be considered, apparently the law is/was unclear on a back dating issue, by backdating I am not referring to when I applied for the pension, I am talking of backdating when I left the RAF, in my case 1969, this claim appears to be on a point of law and could very well end up being a test case. The reason being when I joined the RAF I was 100% fit my medical records show that, when I left I was 40% disabled as recently acknowledged by PAT (Pensions Appeal Tribunal), the onus is on the serviceman to make the claim by law, my argument is if you didn't know the laws or that there was such a thing as a claim procedure then my human rights have been breached as the RAF have held 95% of my medical records for these past 34 years and not my doctor, so I feel the onus is on them!

So all you tree huggers agree with me, all the others say Yah Boo!

At present I am disputing my pension with the Prats at WPA, the one area of interest to anyone is that it is down to one doctor to make a decission as to the % award. This person is not there for the person claiming but for the WPA. The case for PTSD is one of the most perplexing with some people being awarded over 75%, admittedly the ones I know of are officers, mine is 40% a guy in Ty Gwyn who has constant supervission has been awarded 15%.
I am looking into money from the Lottery to establish a center for advice and legal support for veterans as it is sadly needed to help to sort out the crap the WPA are feeding those who need to be supported.

I am also in the process of fighting to be awarded my service pension and gratuity which has twice been refussed. I have now made contact with a great lady at Centurion who is really on the ball and is helping in many ways with my claim. An interesting point is that I was kicked out of the RM because of a Welfare idiots report when it was obvious I was having many problems after the Falklands. The good news the same lady has started to look into my case for change from Discharge Shore to Medical Discharge which she has assured me she feels I will be entitled to appeal for. What a difference to my old bonce that would make as it is something which saw me try on several occassions to take the move from the mortal life.

So what am I saying, yes there are a few people out there who are willing to help but they are few and far between. So we need our own body which will be able to put accross our case. I hope we find the funding to make it happen.

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Ratso Wrote

I am looking into money from the Lottery to establish a center for advice and legal support for veterans as it is sadly needed to help to sort out the crap the WPA are feeding those who need to be supported.

best of luck Colin, with them refusing the British Legion a grant for new coaches, and giving coin to anti British organisations, I think you`ll need it, but best of luck anyway. You Know I`ll be with you all the way

I am on a 40% war pension through disability, you would not believe the aggro I have been through, I have been given 'the benefit of the doubt' on 3 of my 4 disabilities, that was outrageous! I found the efficiency (despite CHARTERMARKS) of the Veterans Agency diabolical despite some other claimants finding it easy. I had to appeal against one decision and took my appeal to the Lord Chancellors office...........and won...........where only 16% of claims are ever successful! I defended my own case, but never again. My claims are ongoing but have to claim the Lowered Earning Allowances which has been rejected once, if any of you guys and gals have experience of this I would be grateful as I have to claim this before I am 65 (July this year)

Spannerman,the Allowance for Lowered Standard of Occupation is paid if your income is below that of what you would have earned if you were still in your job in the services.I get ALSO, because I am earning far less now than what I would have been had I been fit.I am on Incapacity Benefit,and in receipt of a 50% War Pension.May I suggest that you re-apply for the allowance and continue to pester them to come up with the REAL reason for refusal mate,someone is being a total arsehole here or does not know the full implications of the allowance.

Twice now refused ALSO!

Interesting correspondence with WPA/VA, I received my case history from the VA/WPA last week under a SUBJECT ACCESS REQUEST under THE DATA PROTECTION ACT 1998.

Every doctors name has been blackened out, you never know who you are dealing with, whether it be a specialist in your field of disability or merely a clerk. The only name I have is The Chief Executive Alan Burnham who has corresponded with me on my insistence. This organisation works as if they are a Secret Society Group, they are nothing but Civil Servants working for the MoD and they are about to be told that!

Spannerman Keep trying mate,if you need to know who the decision makers are, you will need to get a letter from a solicitor asking for identification of those who have made reports on you under the Human Rights Laws as you are being unfairly discriminated against by the War Pensions Agency now know as VA.Also ask for the doctors qualifications and knowledge of your conditions if it applies.

Keep in touch.

Tam.

Tam
You know me mate, I never give up!

I have 9 volumes of bullsh!t from the MoD amounting to some 1400 documents, if you are a lone parent, illegal immigrant, gender bender or some other social misfit the world is your oyster.

Good on you Spannerman,if you need any help please get in touch.

Take Care Tam.

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