How to Make an AFCS Claim

The Armed Forces Compensation Scheme (AFCS) exists to recognise and compensate all serving, veteran and reservist personnel who experience injuries or illnesses caused by their military service. Submitting an AFCS claim involves several stages, all of which require detail and supporting evidence. Many claimants begin the process independently, but later find that the complexity of the Scheme requires legal input.

JMW Solicitors supports individuals at any stage of an armed forces compensation claim, from the initial application through to reviewing a decision from Veterans UK, or progressing through a Reconsideration or Appeal. Our team provides clear, focused guidance on the evidence required at each step and helps ensure your case is presented in a way that aligns with the Scheme’s criteria, including when preparing for a Tribunal.

In this guide, we will explain the basics of how to make an AFCS claim, and offer insights into how the right legal support can aid you with the various stages of the process.

What Is the Armed Forces Compensation Scheme?

The AFCS is a no-fault scheme established by the UK government to provide compensation to serving personnel, veterans and reservists for injuries and illnesses caused by military duties on or after April 6th 2005. The AFCS applies equally to all members of His Majesty’s Armed Forces, provided it was caused by service.

There are two main types of compensation available under the Scheme:

• Lump sum payments: These are based on a 15-level tariff system, ranging from £1,236 for minor injuries to £650,000 for the most severe. The tariff level is determined by the type and impact of the injury, with specific descriptors used to assess seriousness.
• Guaranteed Income Payments (GIP): If your injury is assessed at tariff level 11 or above, you are also automatically entitled to tax-free, index-linked monthly payments for life. These are calculated as a percentage of your salary at the date of discharge, taking your age into account.

The Scheme does not require you to prove fault on the part of the Ministry of Defence, but you must provide clear evidence that your injury or illness was caused by service. This includes both physical injuries and recognised mental health conditions, such as PTSD, where they result directly from military activity.

It is important to note that an AFCS claim must be made within seven years of the date of a physical injury. For mental health conditions, this seven-year period begins from when medical help is first sought, not the date of diagnosis of the mental health condition.

The Initial Application Process

To begin an armed forces compensation claim, you will need to fill in an application form, either online or by post. The application is made to Veterans UK, who will assess the evidence and decide whether compensation is payable.

As part of the process, you’ll be asked to provide:

• Full details about your illness or injury and why you think they are related to your armed forces service.
• Your doctor’s details and a list of any hospitals that have treated you for the conditions for which you are claiming.
• Details about your armed forces service, including the dates you served.
• A rundown of any other compensation or benefits you may have received for your conditions.
• Information on anyone helping you make a claim.

How to Apply for a Reconsideration

If you have received a decision from Veterans UK that you believe does not reflect the nature or impact of your injury, you can apply to Reconsider. This is the first formal opportunity to challenge an outcome under the Armed Forces Compensation Scheme.

A Reconsideration allows you to challenge the initial decision and point out errors in the original assessment. You may, for example, wish to clarify medical details, submit updated records, or explain how the injury meets the criteria for a different tariff level. You must apply to Reconsider within one year of the date on the decision letter, and Veterans UK will re-examine the case and issue a revised decision where appropriate.

When preparing a request for Reconsideration, it is important to:

• Review the original decision carefully to identify any gaps or misunderstandings.
• Gather medical evidence that addresses the prognosis, not just the history of treatment.
• Consider how the injury aligns with the AFCS descriptors, particularly in terms of the duration and severity of its effects.

JMW offers support at every stage of the claims process. We recommend seeking legal advice promptly after receiving any decision from Veterans UK, to help you understand your options and prepare any necessary supporting evidence. We provide free initial legal advice to assist you in assessing your rights under the Scheme and determining the next steps.

How to Appeal a Decision

If you have received a Reconsideration decision and still believe it does not reflect the impact of your injury, you can lodge an Appeal with the Armed Forces Chamber of the Tribunal service. This must be done within one year of the date on the letter with the Reconsideration outcome. There are also a few other processes that may allow decisions to be revisited in exceptional circumstances. The Tribunal is an independent body made up of three panel members, separate from Veterans UK, who review the claim at a hearing.

JMW can assist you in assessing the strength of your case and supporting you as you prepare an Appeal. Before submitting your Appeal, it is helpful to consider the following steps:

1. Review the earlier decisions: Understand the reasons given and identify the points you may wish to challenge.
2. Assess your evidence: Consider whether further medical information or personal statements are needed to reflect the current impact and expected course of your injury.
3. Check your medical position: An Appeal is more effective when your condition has reached a stage where a clear prognosis can be given.
4. Prepare your documentation: Once your evidence is ready, it will be submitted to Veterans UK and the tribunal, who will then produce a Response bundle for the hearing.

JMW guides claimants through these steps, helping to strengthen the case and present information in a clear and structured way.

How to Prepare for a Tribunal Hearing

Once your AFCS appeal has been submitted and the Response bundle has been issued by Veterans UK, the case will be listed for a tribunal hearing. This is the final stage of the armed forces compensation process, and careful preparation can help you present your case clearly.

At this stage, it is helpful to focus on:

1. Clarifying the points in dispute: Be clear about what aspects of the decision you are challenging and why.
2. Reviewing your evidence: Check that your medical and personal evidence reflects the Scheme’s criteria and supports the outcome you are seeking.
3. Preparing to give clear oral evidence: You may be asked questions about the injury and its effects. Preparing your key points in advance can make your responses more focused and structured.

JMW supports claimants throughout this stage, helping to organise evidence and prepare for the hearing so the case is presented as effectively as possible. We can:

• Review and organise your evidence to align with the Scheme’s criteria.
• Draft submissions and assist with written witness statements.
• Identify missing material and advise on whether additional expert input is needed.
• Liaise with Veterans UK and the Tribunal on your behalf.
• Support you through the hearing process so that you feel confident in presenting your case.

Every Tribunal panel is different, and every military claim is unique. Our role is to ensure that your case is thoroughly prepared, well-evidenced and clearly presented - giving you the best possible chance of securing the right outcome.