For many service personnel and veterans, receiving an unfavourable decision under the Armed Forces Compensation Scheme (AFCS) can be frustrating and difficult to understand. In these situations, it may be possible to challenge the decision through an armed forces compensation tribunal.
An AFCS tribunal hearing provides an independent review of the original decision. It allows claimants to present evidence, clarify their case, and have the matter assessed by a legally qualified panel.
At Howe & Co, we support clients throughout the veterans compensation tribunal process, helping them understand what to expect and how to prepare effectively.
When Does a Case Go to Tribunal?
Before reaching tribunal, a claimant must usually request a Mandatory Reconsideration. This is an internal review carried out by Veterans UK.
If the outcome remains unsatisfactory, the claimant may proceed to an AFCS appeal hearing before an independent tribunal. This stage is separate from the MOD and provides an impartial assessment of the claim.
The Purpose of the Tribunal
The tribunal’s role is to decide whether the original AFCS decision was correct. It will consider the claimant’s medical evidence, service history, injury circumstances, and any new evidence submitted as part of the appeal.
The tribunal is not limited to the original reasoning. It can reach its own conclusions based on the evidence presented.
What Happens Before the Hearing?
Preparation is a key part of the armed forces compensation tribunal process. Before the hearing, both parties submit documentation, often called the hearing bundle.
This usually includes medical records, service records, the original decision, the reconsideration outcome, and written submissions explaining why the decision should be changed.
Careful preparation at this stage can significantly affect the outcome.
What Happens at an AFCS Tribunal Hearing?
An AFCS tribunal hearing is usually less formal than court, but it remains a structured legal process. The panel will normally include a legally qualified judge, a medical member, and a service member with relevant experience.
The hearing may involve:
- Questions about the claimant’s condition, service history, and symptoms
- Review of medical evidence and expert reports
- Discussion of how the injury affects daily life and long-term function
- Consideration of whether the original tariff assessment was correct
The focus is on whether the original assessment properly reflected the injury, its cause, and its long-term impact.
Possible Outcomes of the Tribunal
Outcome | What It Means |
Decision Upheld | The original AFCS decision remains unchanged |
Decision Overturned | The claim is accepted where it was previously refused |
Award Increased | A higher tariff level or additional compensation is granted |
Case Sent Back | The matter is referred for further consideration |
The decision may be given on the day or issued in writing shortly afterwards.
Do You Need a Solicitor?
It is possible to attend an AFCS appeal hearing without legal representation. However, the process can involve legal arguments, medical evidence, and technical points about tariff levels.
Professional support can help ensure that the case is presented clearly, the evidence is properly organised, and weaknesses in the original decision are addressed.
How Howe & Co Can Help
The veterans compensation tribunal process can be complex, particularly where medical evidence is disputed or the original decision does not fully explain the outcome.
At Howe & Co, we assist clients by preparing evidence, drafting submissions, instructing experts where needed, and representing them at tribunal where appropriate.
If you are considering an appeal, early advice before your armed forces compensation tribunal can help ensure your case is properly prepared and supported by the right evidence.
