Osteoarthritis compensation claim

[old solder]

Hi all, I really need your advice on this matter please. I will try and summarise this.

I joined the army in 2007 as a fully fit individual and no concerns were noted on medical at entry. I continue to do all military exercises and became a cross-country runner for my regiment until 2011 when I noticed severe pain in my knee on exercise and was treated with anti inflammatory tablets as it was just pain and small amnt of swelling. I continue to deploy on exercises and adventure training n corss country running until Six months later when my knee gave way on me after running round a cope on exercise again. I after seeing a doctor and a physio I was sent for MRI scan which showed my cartilage was in bits and I was refer to hospital for surgery where I was diagnosed with severe osteo-arthritis in the knee. I had since had few other ops.

I then put in claim for compensation from veterans UK and the rejected the claim saying is not the army's fault with the reason that the first injury was not a trauma to cause osteoarthritis and the fact is I never had any history of knee problems in my life.

Now I have requested for tribunal hearing on the case. My questions are;
1. what are my chances of winning the case at tribunal?
2. Since I had no injury before joining and they found no medical issues with me at point of entry is this good for my case?
3.I don't know how tribunal works and what to expect. do they consider this only at a point of law?

Any advice appreciated

[des8]

Re: Osteoarthritis compensation claim

Hi and sorry to ear of your condition.
Firstly if you don't go to the tribunal you certainly won't win.
My son in law is in the RAF, suffered a series of injuries which caused him to be medically discharged (actual final date keeps being moved until rehab completed)
The Veterans Agency turned him down so we eventually turned up at tribunal. Hard work but.............
Went in with zilch and came out with£40000 + £10000 pa GiP .
Now I don't know about your case but would advise you to get hold of all your medical records and go through them with a fine tooth comb to find discrepancies.
Then check your injury out and see what causes it.
The first point I've noticed is your injury is "severe osteo arthritis of the knee"
The knee joint (like ankle and hips) takes a lot of pounding and wears out over time. Here's a link to start you off http://www.arthritis.com/osteoarthritis_symptoms
The AFC tariff table 9 item 26 is for "Overuse injury of lower limb requiring, or expected to require, operative treatment."
That would seem to fit the bill.

I don't understand why the Veterans UK say "it's not the army's fault" as this is a non fault scheme (but that's by the by).
Have you approached any of the help organisations.
We found the British Legion were useless,but others have had a lot of help from them
A site specially for the army:http://www.arrse.co.uk/community/thr...bility.213444/

Anyway, good luck and come back if you think we can help further

[nemesis45]

Re: Osteoarthritis compensation claim

H welcome to LB,

Have you been discharged on medical grounds?
Were you given any " advice" by an army MO or GP regarding care regarding#
your knee?
Were there any concerns or incidents during basic training with your knee?
What a " tribunal" finds cannot be 2nd guessed, much will depend on medical the
medical evidence and what you can add to it, the injury was not it seems caused by
being given an inappropriate order that could lead to such injury.
I have personal experience of this when my son followed me into the army only to
be medically discharged because an NCO ordered his troop to double down a steep
incline against the advice of a senior NCO this resulted in severe damage to a knee
after his foot caught in a hole on the way down for this his was compensated.

I tell you this so you can try to consider if training/deployment on exercise had any
material effect on your knee condition.

nem

nem