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Legal cases comparing paralysis conditions with corresponding amputee conditions

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  • Legal cases comparing paralysis conditions with corresponding amputee conditions

    I was injured whilst serving in the British Army, resulting in my being partially paralysed below the waist and completely paralysed below the knees due to a spinal cord injury (along with associated medical problems).

    I receive an ill-health pension under the "War Pension Scheme", with my condition being initially classified as an "80% disablement". In 2020, I successfully challenged my pension decision and the tribunal judge stated "We are in no doubt that we should allow this appeal. We agreed with the Appellant that he should be equated with a double below-the-knee amputee and that accordingly 100% was the correct award.

    I thought that I had argued a novel case and asked my decision notice to be added to the BAILII legal website; however, I was informed that the Tribunal Chamber President had decided that for my case "there are no wider legal principles established".

    Does anyone know of any legal cases that compared/considered/equated/assessed paralysis conditions against their corresponding amputee conditions?

    I'm happy to copy in more of my argument and referenced documents if anyone's interested.

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  • #2

    Welcome to the forum.

    For a starter, it's nonsense what veterans have to go through to claim monies from the country you served. What I personally believe is that you should have an automatic right to monies, i.e. whatever you need to make life comfortable for you and your family, knowing what you have given to the country through your own personal sacrifice. If it costs billions so be it. If the Government are going to ask soldiers to put their lives at stake, they need to make sure they are looked after and don't have to fight any 'battles' (DWP etc) on their return.

    Contact BAILII, I'm fairly sure from memory they have some discretion as to what is published on their website.

    Just scroll down, you've got some email addresses.


    Let us know how you get on.


    • #3
      Is getting it reported on BAILII your only concern?

      I suspect that what the Tribunal President may mean is that your case was decided as a question of fact, and not as a question of law - hence no wider legal priciples will have been established. Generally only cases deciding a question of law will be reported.


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