CASES DEMONSTRATING DIFFERENT OUTCOMES ON ATTRIBUTABILITY UNDER THE WPS AND AFPS
Mr A served in the RAMC and was discharged from the reserves following a period of service in the Gulf conflict. He was awarded a War Disablement Pension under the Service Pensions Order (better known as the War Pensions Scheme) for Post Traumatic Stress Disorder. The Discretionary Awards Panel of Armed Forces Pension Scheme concluded, using the more stringent criteria, that the individual did not suffer from PTSD but from a psychological condition, which was diagnosed before Gulf service and related to his innate personality and to the stresses arising from his civilian life, in particular from marital and occupational factors.
Mr B served in the RAF for 33 years and died in Service from a primary brain tumour (glioblastoma multiforme). The Veterans Agency in making their award under Article 4 of the Service Pensions Order, could not show, beyond reasonable doubt, by reliable evidence, that factors of service were not relevant to Mr B's death. This was mainly because of the present incomplete state of understanding of the causation of glioblastoma multiforme. Consequently a War Widows Pension was awarded. The Discretionary Awards Panel of Armed Forces Pension Scheme did not award an attributable widows pension as there is no present medical evidence of a causal link to service. There was no medical evidence to prove that his condition was caused by service. Therefore, the panel concluded on the balance of probabilities that his condition was not attributable to, or aggravated, by Service.
Mr C served in the Army and died in service following surgery to remove his kidney, the site of a primary renal tumour. His widow was awarded a War Widows Pension under the Service Pensions Order because they could not show, beyond reasonable doubt, by reliable evidence, that factors of service were not relevant to Mr C's death. The Discretionary Awards Panel of Armed Forces Pension Scheme did not award an attributable widows pension because on the balance of probabilities there was no evidence of specific exposures in Mr C's service to support a causal link with his death.