Tribunal rules in favour of Blesma Member

Member Charlie Radclyffe has won a significant tribunal hearing in which he argued that disability benefits for double lower leg paralysis should be treated similarly to double lower leg amputation.

Charlie was paralysed from the waist down after jumping off a bridge during adventurous training in 2003. By the time he was medically discharged in 2006 he was able to walk with crutches, using a wheelchair when necessary.

However, he was left paralysed below the knees and his disablement was classified as 80%.

Between 2006 and 2020, Charlie had three medical assessments, and on four occasions Veterans UK reconfirmed his 80% disablement.

In 2017 Charlie challenged this figure on two grounds. Firstly, he claimed his disablement was worse than his medical reports suggested, and secondly he claimed that paralysis injuries should be treated similarly to amputations of
a similar level.

Following Charlie’s hearing in Autumn 2020, the tribunal agreed with his claim, stating:

“In light of all that we have heard and read… 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-knees amputee and that accordingly 100% was the correct award.”

This result could have implications for Blesma Members with loss of use of limb
who have a wide range of disabilities, most of which fall outside the defined disablement figures under the War Pension Scheme.

“Charlie made it his personal goal to seek a change to the original decision, which not only benefitted him personally but could have wide-ranging impact for other Members and veterans,” said BSO (Prosthetics) Brian Chenier.

“His tireless dedication to research and presenting his case is to be applauded.”

If you would like to discuss your situation in light of Charlie’s tribunal decision, please contact your Support Officer