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War Disablement Pensions (WDPs)

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8 years 5 months ago #144528 by Peter
War Disablement Pensions (WDPs) was created by Peter
Hi Folks,
Sorry for long winded narrative.
I'm a veteran and also a war pensioner. I recently took Veterans UK (was previously War Pensions Agency/Services Personnel and Veterans Agency) to a War Pensions Entitlements and Assessments Appeals Tribunal in Belfast. The Tribunal found in my favour and allowed my Entitlements appeal (osteoarthritis of both knees and lower spine) (diagnosed with OA when 35, now 56, had 10 ops since discharge incl 2 recent total knee replacements (TKRs)). A few weeks later I was notified by Veterans UK that they had increased my WDP by 10% to 40% (I was previously on 30% for other injuries attributable to my military service). I have seen Veteran UK publications where they show % for certain conditions (loss of legs, hands, fingers etc etc) but have been unable to identify how their Medical Advisers assess % for the likes of osteoarthritis and the likes. Notwithstanding the TKRs (still very problematic and attending Ortho OPDs on a regular basis) I cannot understand or accept that my conditions warrant only a 10% increase in the WDP. I am presently appealing their decision. For info, the US Veterans Affairs Dept give a minimum of 30% rising to a maximum of 100% for US veterans with replacements knees!
Would anyone know what document Veterans UK Medical Advisers refer to, as despite repeated requests, Veterans UK refuse to divulge!
Now I appreciate this forum normally deals with 'civilian' disability benefits (DLA, PIP, ESA etc) but there are tens of thousands of veterans in receipt of WDP and I feel we are getting a bum deal from Veterans UK!

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8 years 5 months ago #144544 by Gordon
Replied by Gordon on topic War Disablement Pensions (WDPs)
Peter

I am afraid we have no experience with War Pensions and related benefits and can offer little advice on the matter.

A quick search found the following documents, I don't know if any of them are of use.

www.google.co.uk/search?q=war+pension+as...nt+documents&ie=&oe=

You mention that you had a Tribunal, was the increase decided by the panel? If it was then you may struggle to challenge the Decision, the procedure for Social Security Tribunals is that their Decision can only be challenged because there was an Error of Law in the proceedings not because the claimant disagrees with the Decision. I emphasise that the procedure for a War Pension Tribunal may be different.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 5 months ago #144556 by TheHud
Replied by TheHud on topic War Disablement Pensions (WDPs)
I am currently going through a review, both knees damaged, op while in service left me further disabled. I had never requested a review due to trying to work, have a life while protecting my knees by not engaging in anything that may make them worse.

Now they are at the edge of replacement and have never stopped being agony, the op made one very unstable the NHS has done some repair work on the other one but would not touch the one operated on.

There is a lack of info, examples out there for War pension candidates. I left with a 6-14% disability only on the one leg although both recognised as damaged along with other joints. I did not challenge.

Peter could you please tell me the time frame from putting in the review application to actually getting a medical or decision based on info sent to them please. Well done for going to tribunal, to be honest given the number of times I signed the OSAct I have spent 30 years worrying about saying anything. I am now 2 years past that date. Initially i had attempted to involve a solicitor for medical negligence (experimental op that I did not even know I was having), had to sign got in trouble big time, not very nice at all. Even tried to get me on it's my fault at the medical board.

So any info you have much appreciated.

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8 years 5 months ago #144561 by Peter
Replied by Peter on topic War Disablement Pensions (WDPs)
No Gordon, the Tribunal just accepted my appeal and returned it back to Veterans UK, whereupon they upped it by the massive 10%!

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8 years 5 months ago - 8 years 5 months ago #144563 by Peter
Replied by Peter on topic War Disablement Pensions (WDPs)
Hi ELISA, if you feel that your knees are buggered as a result of your service and not just the ageing process there are a number of hoops that our friends at Veterans UK (Norcross) will make you jump through.
First of all you need to contact Them on X 0808 1914 2 18 and request a deterioration claim. You will need your NI number and some details regarding your service.
Have you been seen by your GP and Ortho Surgeons recently? If not, try and get to see them and tell them of your problems.
If you haven't got a copy of your service medical records get onto Norcross to request a Freedom of Information Request form so you can request your med notes.

Norcross will ask your doctors for evidence of deterioration and its most important they agree with you or else - turned down.
Norcross will take months to make a decision (it helps that they gave you a payment years ago - below the magic 20% which is the pension).
If you have other conditions which are related to your service ailments (bad hips or back as a result of your bad knees?) bang in for them too.

I have been fighting Norcross for years but only just won this latest round!

Good luck.


Mod Note : I think that it would be a Subject Access Request (SAR) rather than a Freedom of Information (FOI) request.

SAR's are used to request personal information and are covered under The Data Protection Act 1998.

FOI requests are for information about anything other than personal information.

See : The ICO.

bro58
Last edit: 8 years 5 months ago by .

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8 years 5 months ago #144582 by Peter
Replied by Peter on topic War Disablement Pensions (WDPs)
Re FOI, I stand corrected. Yes it is a SAR. My apologies.

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