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The decision of the Upper Tribunal is to dismiss the appeal
The decision of the Upper Tribunal is to dismiss the appeal.
The decision of the Pensions Appeal Tribunals for Scotland made on 13 October 2023 under case number PATS/E/19/0018 did not involve the making of any material error of law.
REASONS FOR DECISION
Introduction
The key issue on this appeal is whether the Pensions Appeal Tribunals for Scotland (“the PATS”) correctly approached whether Gulf War Illness (“GWI”) affected the appellant’s claim to be entitled to a war disablement pension.
I apologise for the time it has taken me to make this decision after the oral hearing in February of this year. The delay arose due to pressure of other work. The appellant’s claim for a war pension was made as long ago as 2008 and I am sorry I have added to the delay in him having that claim decided.
- 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