The factual background to this appeal
The factual background to this appeal
The Appellant served as an infantry private in the Army from 2003 until 2009. He witnessed distressing incidents while on tours of duty in both Northern Ireland and Iraq. In 2017 a consultant psychiatrist (Dr Cahill) diagnosed the Appellant as suffering from PTSD. In the same year Veterans UK accepted that AFCS service was the predominant cause of the Appellant’s PTSD and accordingly made an interim award of compensation under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517, ‘the 2011 Order’). In 2019 Veterans UK finalised that interim award by placing the Appellant’s PTSD at Table 3, Item 4, Level 12 of Schedule 3 to the 2011 Order. That final award was confirmed following reconsideration in January 2020.
The legal background to this appeal
Table 3 of Schedule 3 to the 2011 Order provides as follows:
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 25 April 2023 under case number AFCS/00735/2020 does not involve any material error of law
- The subject matter of this appeal to the Upper Tribunal
- A bare outline of the course of the appeal
- The Upper Tribunal oral hearing of the appeal
- A summary of the Upper Tribunal’s decision
- The factual background to this appeal
- Table 3 - Mental disorders(*)
- The consultant psychiatrist’s 2017 report
- The Secretary of State’s decision
- The First-tier Tribunal’s decision
- The Upper Tribunal’s grant of permission to appeal
- The test for permanence
- The Appellant’s grounds of appeal
- The Respondent’s response
- Analysis
- Ground 1
- Ground 2
- Ground 3
- Ground 4
- Conclusions
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