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Decision: � The claimant�s appeal is allowed.� The decision of the First-tier Tribunal dated 27 November 2013 is set aside and the case is remitted to a differently-constituted panel of the First-tier Tribunal to be re-decided.
This is the second appeal to the Upper Tribunal in respect of a decision made by the Secretary of State for Defence on 6 August 2009.� I appreciate that the decision in his previous case ( Secretary of State for Defence v RC (WP) [2012] UKUT 229 (AAC) ) was very long, but it might have been helpful had the whole decision been included in the bundle prepared by the Secretary of State so that the First-tier Tribunal understood the background better when it came to deal with the case this time.�
�� we are satisfied that on the evidence available in August 2009, the Secretary of State was justified in concluding that there were no grounds to review.�
As Judge Bano pointed out when granting permission to appeal, it thereby showed that it had overlooked the fact that it was concerned merely with whether an earlier assessment had been correctly maintained.�
Accordingly, this appeal is allowed and the case is remitted to a differently-constituted panel of the First-tier Tribunal to be re-decided.
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