army disablement pension help plz

pac100575

after a review of my war disablement pension i got an increase to 40% from 30% great then a letter from afps glasgow about a lump sum payment i was now due as my disablement was above 20% so i sent them a letter asking why i havent recieved this since i left the army after all my pension started at 20% then was risen to 30%at appeal so as far as i can see i was entitled to this 16yrs ago they rung me back to say as i had hip injury as well which was caused by my back which this is accepted by the army as it was them that diagnosed it they split my award 50 50 so each award stated with 10% rising to 15% but now it 40% for my back and 0% fror my hip but they refuse to accept my hip injury was caused by my back then i get another letter telling me my award was calculated at the wrong rate and reduced by a quarted

i have a couple of questions
1 are they allowed to split award for injury that is accepted to been defered pain from my back
2 do i have any recorse on this as its 16yrs worth of money
3 does any one have the rate of entitlements and amounts as my first award was for 3855 now been reduced to 2600 so i wanted to try and understand how they made the mistake and whether or not it is now due to the fact they acknowledge i only have one injury but making me jump through hoops to get my backdated money

thanks for any help i recieve as this pension is new to me so if any one can point me in the right direction as at the moment im having to battle every for every penny im entitled to at the moment :beer:

Tally-Ho_2

Hi,

Just to acouple of questions, that will hopefully try to help.

Firstly were you AFPS75 or did you transfer to 2005?

What is your discharge date?.

Where you medically discharged, or did you timex and then claim your WP and deferred AFPS award?

Thanks

Tally

pac100575

hi tally thanks for reply i am on afps 75 i was discharged in 96
i was medically discharged and i hadnt defered anything i didnt even know of this lump sum payment per year so to get it out of the blue was a shock and trying to find anything is like a minefield thanks for any help i recieve

Tally-Ho_2

Okay,

Right, to go back to your original posting questions:

1. Yes they can in certain circumstances 'split' it under AFPS75 between Attributable, Aggravaged and non attributable injuries.

2. Because of the answer to Q1, unless you can prove it was an error to 'split' it, then no, hence the answer to Q3 below will help to see if you can prove there has been an error.

3. Really to work that out, you need a copy of all your paperwork relating to both your medical notes, Med Discharge. War Pension and also Service Pension paperwork. This then needs to be looked at with an experienced adviser from such as the Royal British Legion, Veterans Welfare Service etc to establish the facts of your case. You can submit a subject access request to obtain this information by printing off this form and sending to the relevant department:

http://www.mod.uk/NR/rdonlyres/B5026EDF-9760-4EBD-B799-075A37BD30B9/0/dpa_sar_form.pdf

Tally

pac100575

cheers tally ho after speaking to blackpool they said my paperwork doesnt show a split of the award so now im going to have to prove the hip injury was misdiagnosed which my medical rcords should show this thanks for the help ive also just made an appointment with cab rbl case officer ill keep u informed cheers again for you valuable help