When It's Too Late to Seek Representation
A Cautionary Tale for AFCS Claims
At our firm, we’re regularly approached by veterans who are struggling with the long-term consequences of service-related injuries. Many contact us at a critical point, often when their condition has worsened significantly, and they’re hoping to revisit a previous award under the Armed Forces Compensation Scheme (AFCS).
Recently, we were asked to consider taking on a case involving a former service member who suffered a severe knee injury in 2018. At the time, he received a compensation award under the AFCS. Unfortunately, he did not seek professional representation during the initial claim or at the later stage when he applied for a reconsideration, a move that would ultimately prove costly.
Years later, after several surgeries and a significant decline in mobility and quality of life, he attempted to re-engage with Veterans UK for an Exceptional Review. However, by that point, the window for a straightforward reconsideration had closed, and Veterans UK had already passed the case to their Exceptional Review team.
He then approached us, asking for professional representation at this late stage. But after reviewing the circumstances, we made the difficult decision not to take on the case.
Why we declined
In short, by this point, the case would require a significant investment of professional time – estimated at around £900 – just to assess the original award, decisions, and current medical evidence, before any work could even begin on drafting a formal submission for Exceptional Review.
More importantly, this situation highlights a broader truth: by opting to “go it alone” from the outset, individuals may save on representation fees in the short term, but they risk significant disadvantages if things later go wrong or their condition worsens.
Once a case has already been passed to the Exceptional Review team, the scope for external input becomes much more limited. And while we always want to help, we must prioritise existing clients and cases where we’ve been involved from the beginning.
Lessons learned
If you’re considering an AFCS or War Pension claim, the key takeaway is this:
Engage professional representation early. Don’t wait until your condition worsens or until you’re out of time to seek help. The system is complex, and missing critical deadlines or misinterpreting the regulations can significantly limit your options later.
We wish this individual all the very best with the outcome of their review, but his case serves as a reminder to others to seek advice early, while the full range of options is still available.
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