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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i was medically discharged from the army last year due to my

Customer Question

i was medically discharged from the army last year due to my hearing loss i wear a hearing aid in both ears. My hearing was fine when i joined 16yrs ago. I made a compensation claim but this has been rejected by service personnel & veterans agency. They say they the condition they have diagnosed as bilateral noise induced sensorineural hearing loss has been caused by service but the amount caused by them is less than 1% and my assessment for disablement is nil I struggle to understand how they can say they only caused less than 1%. Is it worth me appealing ? And also if it is attributable to service i was told my pension should be tax free, I am paying tax at the moment to be on the safe side. It says on the letter that its attributable but then it says my disablement has been certified as nil due to the 1% so i am unsure whether it is taxable or not. I have made phone calls to the relative places and no one seems to be able to answer what i thought would be a simple question. All i would like to know is if my pension is taxable or not ? Thanks!
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

What is the basis of the assertion that if hearing loss is established you would pay no tax on your pension?

Also, have you had an independent report done on your hearing to establish what is attributable to service and what is not or is it an army doctor that has made that decision?
Customer: replied 2 years ago.

Hi, I was informed by my support officer upon my discharge that if it was attributable to service that this meant my pension would be tax free. I have had hearing tests done by army doctors which say from 1998-2005 has been caused by service, Then it says the amount caused by service is less than 1%. my solicitor also arranged for me to have a test done, The results of this test was that my hearing loss has been caused by service. The case is still ongoing although I do not expect to win . Its just that on my letter from service personnel & veterans agency it says at the start that it has been caused by service and that they call this attributable, Then underneath that my disablement has been certified as nil due to the 1%. I have had tests done that show my hearing also got worse after 2005 while still serving in the army. Thanks.

Expert:  JGM replied 2 years ago.
The test that your solicitor arranged. Did it conclude that your hearing loss was entirely due to service?
Customer: replied 2 years ago.

No not entirely just that the hearing loss is worse in my left ear which may be explained by shooting right handed or wearing a head set preferentially in the left ear.

Expert:  JGM replied 2 years ago.
Did he give a percentage?
Customer: replied 2 years ago.

he never mentioned a percentage. Only the army have given a percentage of 1% which I have no idea how they have worked that one out.

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