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England and Wales decisions
Decisions matching the current search
The Upper Tribunal held that the First-tier Tribunal erred in law when assessing an AFCS award and remitted the case for rehearing by a fresh panel.
The Upper Tribunal found an error of law in a First-tier Tribunal AFCS decision, set it aside, and remitted the claim for rehearing by a fresh panel.
The Upper Tribunal allowed a service compensation appeal, holding that the First-tier Tribunal erred in law by omitting article 9(5), misreading medical evidence, and using fault-based reasoning.
The Upper Tribunal allowed an appeal in an AFCS PTSD rating case, holding that the First-tier Tribunal gave inadequate reasons and applied the descriptors too rigidly.
The Upper Tribunal held that an AFCS Guaranteed Income Payment cannot start before service ends, even after an Article 59 review and six-year backdating.
The Upper Tribunal dismissed MW’s appeal over an AFCS PTSD award, holding the tribunal correctly applied the test for permanence and made no error of law.
The Upper Tribunal held that the First-tier Tribunal erred in its causation analysis under the Armed Forces Compensation Scheme and remitted AK’s case for rehearing.
Upper Tribunal held that Article 11 of the AFCS Order barred compensation for a left knee injury sustained in civilian charity rugby, and dismissed the claim.
The tribunals erred in law by treating regularity of work as determinative and by failing to consider the full trajectory of the appellant's work capacity from the onset of his mental disorder to the date of the respondent's decision. Both regularity and the downward course of work capacity must be considered in determining the appropriate descriptor.
Source excerpt
The Upper Tribunal dismissed an Armed Forces Compensation Scheme appeal, holding that earlier causation findings did not bind the later tariff assessment of hearing loss.
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