RA v Secretary of State (Defence) (WP) (Rev 1) (War pensions and armed forces compensation : Armed Forces Compensation Scheme)

This appeal by the claimant succeeds . In accordance with the provisions of section 12(2)(b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set aside the decision of the First-tier Tribunal (WPAFC Chamber) sitting at Birmingham on 4 th February 2014 made under reference AFCS/00697/2013. I substitute my own decision. This is to the effect that compensation of �6000 (level 13) should be paid in respect of the injury referred to below, because it is covered by descriptor 27 of table 9 of Schedule 3 to The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (�the Scheme�).

I refer to the Secretary of State questions relating to calculation and payment of any arrears on the above basis.

There was a medical board on 5 th September 2012 which recorded that the arthroscopy had shown �minor chondral damage to lateral femoral condyle and lateral tibial plateau�. The claimant was receiving physiotherapy but not taking any analgesia. He still had pain in the back of his left knee following walking or impact PT. The Board concluded that he would be unable to walk significant distances. At the time he was employed as a clerk in a sedentary role. The Board reached certain conclusions on what he would and would not be able to do.

The Secretary of State opposes the appeal and supports the decision of the First-tier Tribunal. Neither party wishes to have an oral hearing of the appeal.

The Scheme provides for compensation in respect of an injury caused wholly or partly (but predominantly) by service where the cause occurred on or after 6 th April 2005. Descriptors and amounts are set out in Schedule 3 to the Scheme. Subject to exceptions which are not relevant in this case, article 16(1)(b) provides that: