02-08-2025
Compensation advice over PTSD caused by Afghan war
Is it too late to claim compensation from the military for PTSD caused by Afghan war?
Q: My husband and I were on the brink of divorce, but after having counselling that revealed he is suffering from PTSD I have decided to stay and support him. He served in the armed forces in Afghanistan, finishing his last tour in 2010. Afterwards he was a different person, withdrawn, unstable, prone to violent outbursts over nothing.
Over the years things have got worse and, on occasions, he has hit me. I begged him numerous times to get help but he wouldn't accept anything was wrong with him until I said I was leaving. Now he has a diagnosis I feel angry, and I believe we should get compensation for what he went through. He says he would have needed to apply within seven years. Is this right?
A: Whilst the Armed Forces Compensation Scheme (AFCS) generally requires compensation to be claimed within seven years, delayed-onset PTSD is recognised and therefore does not necessarily negate the potential for making a claim after that time. In fact, there is evidence of a significant number of veterans who have experienced delayed symptoms and diagnoses, which often get worse after they have left the disciplined environment of the military.
The AFCS provides compensation regardless of fault, meaning your husband could claim compensation for his PTSD, even if this was not caused by negligence on the part of the MOD. A specialist lawyer can help him to access the scheme.
The key to a successful claim is to establish the link between your husband's PTSD diagnosis and his experiences in Afghanistan. Reports from the medical professionals he has seen, together with evidence of his treatment plan will help to strengthen the viability of a claim.
PTSD in military personnel who experienced the horrors of combat can have devastating and life-changing effects on both the sufferer and their family. Proving the severity of those effects will be fundamental to gaining the right level of compensation.
• This question has been answered by Claire Parfitt, a solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.