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What if I disagree with your decision ?
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WHAT IF I DISAGREE WITH YOUR DECISION?

If you think, our decision is wrong and the letter notifying that decision gives a right of appeal, you can appeal to an independent tribunal. 
You can appeal against: -

• the refusal of an award or level of entitlement;
• the level of an award (% assessment or rate of allowance if less than the maximum);
• the date from which an award starts;
• changes to the amount (upwards/downwards), or period of an award; and
• the label (medical name given for a claimed condition).

How to appeal
If you live in England, Wales or overseas and you want to appeal you need to contact us in writing stating: -

• your name, address and reference number;
• the name and address of any representative you have (if any);
• an address where documents can be sent or delivered (this will normally be your home address);
• the date and details of the decision you want to appeal against;
• why you disagree with the decision; and finally
• you must sign and date your letter.

If you fail to provide all of the required information, we may have to make further enquiries, which may delay or even make your appeal late. 
If you live in Scotland or Northern Ireland, you must contact us either in writing or by telephone (0800 169 2277), because we will have to ask you to complete an appeal form.  This is a legal requirement in these countries.

Right of appeal
Not every decision will carry a right of appeal.  If you receive such a decision and you disagree with it you may ask for an appeal, but it will be up to the Tribunal to decide if it can be heard.  If the Tribunal decides that the appeal cannot be heard, there is no further right of appeal against that decision.

Appeal time limits
There are time limits for making an appeal, which start from the date of the decision notification.  The time limits are:

• 3 months for an interim assessment; or
• 6 months for any other decision,

Late appeals
In exceptional cases, there is an extra 12-month period after the normal 3 or 6 month time limit, in which you can apply to appeal.  If your application falls within the extra 12 months, you must tell us why it is late. 

If you live in England and Wales or overseas
If the Secretary of State does not object to the late appeal, it will proceed as if it were in time.
Examples of circumstances in which the Secretary of State may decide not to object include the following: -

• the death or serious illness of you, your spouse/partner or dependant;
• a disruption to normal postal services; and
• exceptional circumstances, which made it impracticable for you to bring the appeal or to instruct some other person to bring it on your behalf.

If the SPVA objects to the late appeal being brought it will then be for the Tribunal to decide if it can hear the appeal.  In all cases, in deciding whether or not to object, the SPVA will also consider, whatever the circumstances of the delay, whether the appeal was brought as soon as was reasonably practicable.

If you live in Scotland or Northern Ireland
It is the Tribunal’s decision whether or not a late appeal can be brought.  For it to allow a late appeal to be brought, you must be able to show that the appeal was late because of one of the following “prescribed circumstances”: -

• the death or serious illness of you, your spouse/partner or dependant;
• a disruption to normal postal services;
• failure on the part of the Secretary of State to you of the decision; and
• exceptional circumstances which made it impracticable for you to bring the appeal or to instruct another person to bring it.

Additionally, the appeal must be made as soon as was reasonably practicable in the circumstances of the case.


Appeals made later than 15 months (if the appeal is against an interim assessment) or 18 months (against any other decision) after the date on your decision letter cannot be heard under any circumstances, wherever the appeal was made, though this is subject to the agreement of the Tribunal.

Help and advice
If you require help or advice on appeals – contact the Veterans-UK helpline 0800 169 2277.  You can also contact us or our Veterans Welfare Service for help on any practical issues concerning your appeal.  For more advice on getting help with an appeal click here.

The Tribunal’s decision
The Tribunal may: -

• maintain the decision on your claim;
• accept a condition previously rejected or raise the level of entitlement;
• increase or reduce an award;
• change the date from which an award was made;
• change the amount or period of an award; and
• change the label (the medical name for the condition claimed).

Note - It is possible that a Tribunal could make a decision that is to your disadvantage. 
If the Tribunal gives a different decision to that of the SPVA, we will implement it as soon as is possible, unless the SPVA decides to appeal the Tribunal’s decision further.  (See Further Rights of Appeal below).
 
Further rights of appeal
Decisions made by the first tier tribunal can be further appealed to the Upper Tier Tribunal (and Pensions Appeal Commissioners in Northern Ireland).  However, you can only do this on a point of law.  It is not enough to say that you think the Tribunal made the wrong decision.  You must show that the Tribunal has made a legal mistake in reaching its decision.  If you wish to appeal, you must contact the Tribunal’s office (address at the top of their decision notice) in writing and explain why you think the Tribunal’s decision was wrong.  If the Tribunal agrees with you, it can either review its original decision or place the matter in front of the Upper Tribunal.  To help the Tribunal please quote your reference number.  There is a 6 week time limit for you to seek leave to appeal. Note - The Upper Tribunal can also make a decision that is to your disadvantage.

If the Tribunal turns down your application to appeal further, you can appeal direct to the Upper Tribunal yourself.  The Tribunal Office will tell you how to do this.