Post-Traumatic Stress Disorder/PTSD – The Hidden Enemy of The Armed Forces

What is PTSD?

Post Traumatic Stress Disorder is often not evident to anyone other than the individual suffering from it. (omit a tough illness that is classed as an invisible disease?), which is why a lot of service personnel suffer in silence. It can be caused by various situations of trauma and stress.

In many cases that we have dealt with, an injury like this may become evident straight after the trauma, but in other cases—it can take months or years before serious symptoms develop and a diagnosis is provided.  

Common symptoms of PTSD include:-

• Nightmares
• Flashbacks
• Trembling sensations
• Self-harming
• Anger management issues
• Panic attacks
• Hyperarousal – constantly feeling on edge, easily started and aware of potential threats
• Anxiety and paranoia
• Depression
• Phobias
• Sweating
• Trembling sensations
• Excessive alcohol consumption, or drug misuse

PTSD Amonst Armed Forces Is Increasing

A 2018 study undertaken by Kings College in London of 8,000 current and former members of the Armed Forces, published in the British Journal of Psychiatry, suggested that rates of PTSD amongst members of the UK Armed Forces has increased this century.

Extended conflicts in Iraq and Afghanistan, and increased rates of awareness amongst personnel, are factors which are likely to be the cause of an estimated increase in the rate of probable PTSD amongst current personnel, and veterans to 6% of the total between 2014/16, compared with 4% in 2004/6.

Perhaps significantly, the study found that the rate of alcohol misuse has fallen significantly in the same period, from 15% in 2004/6 to 10% in 2014/16—which could reflect the need of a greater awareness of the injury and the need for treatment—and a reduced reliance on alcohol as a coping mechanism.

Regardless of symptoms, we've noticed among the armed forces clients we've advised over the years that it can take a long time for service personnel to realize they may be suffering from PTSD, or any psychiatric injury. This delay could cause a preventative delay in starting psychiatric treatment that is crucially needed.

It is generally regarded as part of the philosophy of being in the British Armed Forces to “man up”, and to get on with things as normal unless there is a physical impairment to doing so. This philosophy often spills over into civilian life. Many struggle along as best they can, and may use alcohol, or cannabis, to mask the impact of the injury.

Psychiatric injuries like PTSD are responsive to treatment, even many years after the injury occurred. On many occasions it will be the spouse, or close relatives or friends, who will sound the alarm bell which eventually leads to medical treatment, hopefully setting the individual on the road to recovery.

There are a number of charitable organisations focusing on helping veterans with mental health issues, such as combat stress and the Royal British Legion. These charities can assist with advice, and setting up mental health treatment:

• Combat Stress: 0800 1381619
• Royal British Legion: 0345 845 1945
• Help For Heroes: Contact Here
• Head Up: [email protected]

There are always people there to talk, don’t suffer alone.

Making a Civil Claim for Compensation

When a civil compensation claim for PTSD arises, the cost of any medical and rehabilitation treatment can be claimed, to ensure that the best possible medical management is in place.

A civil claim for compensation may be available, even if the trigger event for the injury occurred a significant number of years previously, so it’s best to get legal advice from a Personal Injury Solicitor that specialises in Military PTSD Claims as soon as possible.

A claim should also be considered under the relevant statutory scheme, currently the Armed Forces Compensation Scheme.

Armed Forces Compensation

It is recommended that in all cases anyone who has suffered a PTSD injury in the course of their military career should make a claim under the Armed Forces Compensation Scheme (AFCS). This is a no fault scheme, so compensation should be paid in connection with any injury affecting mental health such as injuries suffered in combat. 

AFCS compensation is usually lower than compensation in civil claims, but it’s important to note you can still make a civil claim, even if you’ve made a successful claim under the AFCS. (Although amount of the AFCS award will usually be offset from the compensation awarded on your civil claim)

Our Lawyers can assist with AFCS claims in the course of dealing civil claims for PTSD, and we can sometimes represent you just with an AFCS claim. Call us on 0808 239 5543, and let us, help you.

FAQs

What Can I Claim Compensation for If I've Suffered Military PTSD?

Just like serious physical injuries, psychiatric injuries have a huge adverse impact on your life and our Military Claims Solicitors are dedicated to getting you the compensation and rehabilitation support you deserve.

In many cases, compensation will be claimed for your loss of earnings and other benefits associated with your military career being brought to an early end because of your injury, along with compensation for your earnings capacity being affected in your civilian careers.

A claim may also need to be made for the cost of any medical treatment recommended to help with your recovery.

Is There a Time Limit to Make a Military PTSD Claim?

Usually, you have 3 years from the date of the incident to start Court proceedings.

The position with limitation in the case of PTSD injuries is more complex, because you may not be aware that you’ve suffered a significant injury until several years after the event or events which triggered the injury. We have cases where the triggering events occurred as far back as the late 1990s.

If you are suffering from any PTSD symptoms and think you may have a claim, you should get specialist legal advice on a potential civil claim, regardless of when the triggering event or events happened. 

The general rule for AFCS claims is that they must be presented within 7 years from the date of the injury, but as with civil claims, the position is more complex with PTSD injuries.

In all cases, it’s really important to get expert legal advice as soon as possible.