Heading

Appeal No. UA-2024-SCO-000019-WP
Between:
WJ
Appellant
- v -
Secretary of State for Defence
Respondent
Before: Upper Tribunal Judge Wright
Decided after an oral hearing on 11 February 2025
Representation:
Appellant: Tim Haddow, Advocate
Respondent: Megan Dewart, Advocate
On appeal from:
Tribunal: Pensions Appeal Tribunals for Scotland
Tribunal Case No: PATS/E/19/0018
Tribunal Venue: George House, Edinburgh
Decision Date: 13 October 2023
SUMMARY OF DECISION
The PATS’s decision on the evidence before it that Gulf War Illness (aka Gulf War Syndrome) is not a physical injury/an organic disease was not in error of law.
KEYWORD NAME (Keyword Number) 56 (war pensions); 56.1 (entitlement)
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 judges follow.
DECISION
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal
- Relevant background
- The PATS’s proceedings and decision
- The grant of permission to appeal
- The grounds of appeal
- The legislative scheme
- Discussion and conclusion
- Whether GWI is an organic disease, was GWI academic and causation (of GWI)
- Did the appellant meet the criteria for GWI?
- The PATS’s findings relating to cognitive difficulties and loss of libido
- Causation and smoke exposure
- Conclusions
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