[2024] UKUT 238 (AAC)

This is an appeal against the decision of the First-tier Tribunal of 14 February 2023 (“the FTT”). By that decision, the FTT dismissed the appellant’s appeal from the decision of the Secretary of State for Defence dated 14 October 2021. That decision was to the effect that the appellant’s hearing loss (the accepted condition) fell below tariff level, and so no award could be made under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (“the AFCS”).

The essence of the appellant’s challenge to the FTT’s decision is an argument that the FTT, in deciding the correct tariff level for his hearing loss, was bound by the findings of fact made by the previous First-tier Tribunal which had decided that the appellant’s hearing loss was caused by service.

Although estoppel arguments had been relied on at one stage by the appellant, no such arguments were made before me. Instead, the appellant’s primary ground of appeal focuses on what he argues are the applicable principles arising from case law such as paragraphs [32]-[39] of SSHD v BK (Afghanistan) [2019] EWCA Civ 1358.