Armed Forces Compensation Scheme Appeals
The Armed Forces Compensation Scheme (AFCS) is designed to compensate service personnel and veterans for injuries, illnesses, or deaths caused by service. While many claims are accepted, a significant number are refused or awarded at a lower tariff level than expected. In these situations, individuals may be entitled to pursue AFCS appeals to challenge the decision.
At Howe & Co, we assist service members and veterans in understanding how the armed forces compensation scheme operates, why decisions may be disputed, and how to improve the prospects of a successful appeal.
Understanding the Armed Forces Compensation Scheme
The AFCS is a no-fault statutory scheme administered by Veterans UK on behalf of the Ministry of Defence. Compensation is awarded based on tariff levels that reflect the severity of the injury or illness and its long-term impact.
Unlike civil claims, AFCS awards do not require proof of negligence. However, claimants must still demonstrate that the condition was caused by, or made worse by, service.
Key Features of the AFCS
| Feature | Explanation |
| No-Fault Scheme | Negligence does not need to be proven |
| Tariff-Based Awards | Compensation set by statutory bands |
| Lump Sum Payments | Paid according to injury severity |
| Guaranteed Income Payments (GIP) | For serious, ongoing disability |
| Administered by Veterans UK | On behalf of the MOD |
Why AFCS Claims Are Refused or Under-Awarded
AFCS decisions are often challenged because the impact of an injury has not been fully recognised or because the service link has been disputed. These outcomes can be particularly frustrating for claimants who continue to experience long-term effects.
Common Reasons for Appeal
- Insufficient medical evidence
- Injury not accepted as service-related
- Condition assessed at too low a tariff level
- Failure to consider worsening or secondary conditions
- Inaccurate assessment of functional impact
Understanding the reasoning behind the original decision is essential before pursuing a veterans compensation appeal.
Who Can Appeal an AFCS Decision?
AFCS appeals may be brought by:
- Serving personnel
- Veterans
- Dependants (in fatal claims)
Appeals can challenge either a refusal of the claim or the level of compensation awarded. In some cases, appeals may also address decisions relating to Guaranteed Income Payments.
Time Limits for AFCS Appeals
Strict deadlines apply to armed forces compensation scheme appeals. Missing a deadline can prevent a claim from being reviewed.
Key Appeal Timeframes
| Appeal Stage | Time Limit |
| Mandatory Reconsideration | 12 months from decision |
| Independent Tribunal Appeal | 12 months from reconsideration outcome |
| Late Appeals | Accepted only in limited circumstances |
Early legal advice is particularly important to ensure deadlines are met and evidence is properly prepared.
How the AFCS Appeals Process Works
The appeals process involves multiple stages, each requiring careful preparation and supporting evidence.
Appeal Stages Explained
- Mandatory Reconsideration
Veterans UK reviews the decision using any new evidence provided. - First-tier Tribunal Appeal
An independent tribunal examines medical, service, and legal evidence. - Tribunal Hearing
Claimants may attend and provide oral evidence, supported by expert reports.
Each stage provides an opportunity to clarify errors or omissions in the original assessment.
Evidence That Strengthens an AFCS Appeal
Successful AFCS appeals are evidence-driven. Medical and service documentation plays a central role in demonstrating both causation and severity.
Commonly Required Evidence
| Evidence Type | Purpose |
| Medical Reports | Confirm diagnosis and progression |
| Specialist Opinions | Address long-term prognosis |
| Service Records | Establish service-related exposure |
| Occupational Evidence | Demonstrate functional limitations |
| Witness Statements | Support service causation |
In many cases, independent medical evidence is critical in overturning an unfavourable decision.
Can AFCS Appeals Be Combined With Civil Claims?
AFCS appeals are separate from civil claims for negligence. However, it is possible to pursue both routes in certain circumstances, provided there is no duplication of compensation.
Understanding how these routes interact is important, particularly where long-term disability or loss of earnings is involved.
How Howe & Co Can Help
AFCS appeals require a detailed understanding of statutory schemes, medical evidence, and tribunal procedures. At Howe & Co, we assist service personnel and veterans by reviewing decisions, identifying appeal grounds, and preparing structured submissions supported by appropriate evidence.
Our role is to ensure that injuries and illnesses are assessed accurately under the armed forces compensation scheme, improving the prospects of a fair outcome for those pursuing veterans compensation appeals.
