[2025] UKUT 037 (AAC)

Appeal No. UA-2024-SCO-000007-AFCS

Between:

MW

Appellant

- v -

Secretary of State for Defence

Respondent

Before: Upper Tribunal Judge Wikeley

Representation:

Appellant: In person

Respondent: Ms Megan Dewart, advocate, instructed by Morton Fraser MacRoberts LLP

On appeal from:

Tribunal: Pensions Appeal Tribunal (Scotland)

Tribunal Case No: PATS/CS/22/0116

Tribunal Venue: Edinburgh

Hearing Date: 27 July 2023

Decision Date: 8 August 2023

Anonymity: The appellant in this case is anonymised in accordance with the practice of the Upper Tribunal approved in Adams v Secretary of State for Work and Pensions and Green (CSM) [2017] UKUT 9 (AAC), [2017] AACR 28.

SUMMARY OF DECISION

Armed Forces Compensation Scheme (56.5)

Judicial summary

The Appellant, who suffered from PTSD as a result of his service in the RAF, made a claim for compensation under the Armed Forces Compensation Scheme (AFCS). The Secretary of State made an award at Table 3, Item 3, Level 10. This was confirmed on appeal by the Pensions Appeal Tribunal for Scotland (PAT(S)). The Appellant appealed to the Upper Tribunal, arguing that the award should be at least at Table 3, Item 2, Level 8. The Upper Tribunal dismissed the further appeal, finding that the PAT(S) had correctly interpreted and applied the test for assessing whether a mental disorder was “permanent” for the purposes of the Table 3 descriptors.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION