MW -v- Secretary of State for Defence: [2025] UKUT 037 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 31 January 2025
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Judicial Summary
The Appellant, who suffered from PTSD as a result of his service in the RAF, made a claim for compensation under the Armed Forces Compensation Scheme (AFCS). The Secretary of State made an award at Table 3, Item 3, Level 10. This was confirmed on appeal by the Pensions Appeal Tribunal for Scotland (PAT(S)). The Appellant appealed to the Upper Tribunal, arguing that the award should be at least at Table 3, Item 2, Level 8. The Upper Tribunal dismissed the further appeal, finding that the PAT(S) had correctly interpreted and applied the test for assessing whether a mental disorder was “permanent” for the purposes of the Table 3 descriptors.