The background to this appeal
The background to this appeal
On 17 July 2007, the Appellant submitted a claim (dated 26 June 2007) under the war pensions scheme for two conditions, namely lower back pain and rectal polyp. On 7 February 2008, the Secretary of State accepted that both conditions were attributable to service and assessed the accepted conditions at 1-5%. The Appellant did not appeal that assessment at the time.
Since then, the Appellant has submitted further claims for other conditions he claims were caused by service. Several of these, but not all of them, have been accepted as attributable to service. The conditions accepted are listed in the Table below. The effective dates of acceptance are noted, so far as they are evident from the papers.
Disablements attributable to service | Date accepted | Assessment |
Lumbar disc disease | 26 June 2007 | 15-19% |
Rectal polyp | 26 June 2007 | 1-5% |
PTSD | 8 January 2015 | 40% |
Bilateral knee pain | 8 January 2015 | 1-5% |
Bilateral noise induced hearing loss | 8 September 2016 | Nil (final) |
Injury to ribs | 8 September 2016 | 1-5% |
Inversion injury right ankle | 8 August 2018 | 1-5% |
Bilateral, non-freezing cold injury | 9 July 2022 | 1-5% |
The Appellant’s (current) aggregate interim assessment for all these accepted conditions is 70%. There have also been two further accepted conditions accepted as attributable to service, namely degeneration right knee and bilateral osteoarthritis hips.
- Heading
- The oral hearing of the Upper Tribunal appeal
- A summary of the issue raised by this appeal
- The background to this appeal
- The chronology of this appeal
- The decision of the Pensions Appeal Tribunal (Scotland)
- The grant of permission to appeal to the Upper Tribunal
- An outline of the parties’ submissions before the Upper Tribunal
- Discussion and analysis
- Conclusions
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