[2025] UKUT 033 (AAC)

I have found that the decision of the First-tier Tribunal involved errors of law and I set the decision aside and remit it for rehearing before a fresh panel. I emphasise that it does not follow that because this appeal has been successful that the appellant will ultimately succeed in his claim to benefit. The Tribunal needs to consider all the evidence afresh, make the necessary findings of fact and apply the law correctly taking account of the guidance in this decision. In addition to the matters that have been considered by me in this appeal, the Tribunal will of course also need to consider, if it concludes that at least some of the appellant’s injury was caused by service, whether it was predominantly so caused. As this Tribunal did not need to address this question, I have not addressed it on this appeal, but the new Tribunal will need to do so if it reaches that stage in the analysis. The other matters of fact and evidence raised by both parties in this appeal will be matters that they will need to place before the First-tier Tribunal at the remitted hearing (including the appellant’s new medical evidence obtained since the First-tier Tribunal hearing). It will be for the First-tier Tribunal to evaluate that evidence and the parties’ arguments in the light of the guidance in this judgment.