Leaving soon - What can I do?

TrigSM · 31 July 2014 at 3:45PM

Hi all,

I need some advice / assistance with the situation I'm in.

I'm due to be medically discharged (more than likely as I have already been to board once) from the Navy this October. My condition means I constantly get spasms in my back and on some days I struggle even getting out of bed for a wash in the morning. I can't lift my right arm above 90 degrees and this would also cause quite a severe and very painful spasm. When it does spasm, my whole upper body is immobilised and can last anywhere from 5 minutes to an hour. The grip in my right hand is also affected and is considerably less than what it used to be.

I joined in 2007 and I'm a Submariner. Obviously I am on the 05 pension scheme and as such when you get discharged you come under one of three tiers depending on the severity of your condition, i.e. restraints, limitations and future employment prospects.

My injury is completely service attributable and my claim via AFCS (with the British Legion as my representatives) is currently awaiting review in June - by which time I will be 'outside'. I understand the claim can still continue after serving. The problem I am faced with is that with my condition the way it is I think I would struggle finding gainful full-time employment. Let's face it - as an employer you wouldn't be to keen to take on someone that can not guarantee they would be able to work 9-5 on a daily basis. Of course if I didn't declare this then I probably wouldn't last long there.

Financially, I would need tier 2 - lump-sum and an immediate drawable pension to supplement my wage assuming I would be able to secure work on a part-time basis. Tier 1 would mean that I would get a larger lump-sum but no pension until I am 65. Tier 3 would be out of the question as I know it wouldn't apply to me.

Aside from informing the board and SPVA of my symptoms and limitations etc. - Is there anything else I can do or say that would strengthen my case for achieving a tier 2 discharge? I ask only because statistically 95% of people who are medically discharged are so under tier 1, and if I did get this it would leave me financially encumbered. I've tried to find information about this on-line and although there is a lot on it, some of the information conflicts between different sources and also can be quite confusing.

I would find it really helpful if someone could tell me how to give myself the best chance of getting tier 2.

Thanks for taking the time to read this essay and thank you in advance for any advice.

Trying_to_be_good · 1 August 2014 at 4:00PM

Sorry to hear that you're suffering.

You mention a review of your AFCS claim, the tier of Attributable Benefit for the pension is, I think, connected to the tariff of the AFCS claim:
Tier 1 is tariffs 12-!15, Tier 2 is tariffs 7-11 and Tier 3 tariffs 1-6.

So has your AFCS claim already been assessed, and you're asking for it to be looked at again? What was the tariff level awarded?

TrigSM · 1 August 2014 at 6:34PM

Trying to be good,

I have been awarded a level 12, which I appealed against on advice given to me by the British Legion as the table in which they put me in was 'Spines' and not 'Neuro'. There is no damage to my spine - it's all muscle and nerve damage. My case is unique however because the damage I have and the effects of the injury are not in ANY tariff. My case was heard by a judge who deemed that a temporary award was to be given which effectively means the level 12 stands until they can create a new descriptor for it. This, of course, went back to the SPVA and they have decided to take the whole 12 months allowed to review the case and this is the reason I have to wait until June to get a definitive answer. I was however told that when you get medically discharged, an AFCS claim automatically gets forwarded to the SPVA. Whether this would be irrelevant in my situation as it has already gone to them or whether this triggers them to look at it immediately i'm not sure.

Trying_to_be_good · 1 August 2014 at 7:25PM

Hang in there, Trig SM (sorry for any offence!), so many injuries are not on the usual tariffs, I'm sure RBL and SPVA are working for you. Will you be discharged before things are finalised? Will you have and EDP from your pension when you leave? Are you at Hasler?

I'm not a specialist, but I am interested in making sure people are treated right in general.

I don't think there's more you can do on your attributable pension claim, it will be connected to the AFCS claim. Give them the time they need to work it through, but make sure you are kept informed each step of the process and any further evidence requested is submitted as soon as possible.

Best of luck for all the future holds

Fergie76 · 3 August 2014 at 1:10PM

Trig, you're just at it... Anything for a bit of time off...

Seriously though, it maybe worth you joining the Pension Society - https://forcespensionsociety.org/ £35 for the year. Did you go to the brief we had at the beginning of the year?

Is there nothing your solicitor can do to put pressure on them to speed up the process.

Fergie76 · 3 August 2014 at 1:13PM

Have you tried the NFF? http://www.nff.org.uk/nff

Leaving soon - What can I do?

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