Military Post Traumatic Stress Disorder (PTSD) Claims

Military PTSD claims FAQs

• Are there any time limits for bringing military PTSD claims?

  Time limits apply to both types of claim, and both can be made during service. Failing to make a negligence claim until discharge can mean that the claim will be out of time. See our military claims page for more information about time limits. 

  Contact our dedicated solicitors to discuss your claim further in complete confidence.

• What can cause military-induced PTSD?

  Bolt Burdon Kemp has helped many clients with PTSD that has been caused or made worse by circumstances such as:

  • Incidents caused by malfunctioning equipment or unsafe working practices
  • Bullying and assault
  • Rape and other sexual assault
  • The chain of command failing to take account of out-of-character behaviour
  • Medical Employment Standard restrictions not being observed; for example, a service man or woman has been deployed with the limitation they should stay on camp, but the commander has insisted they are needed on patrol
  • A person has been deployed for combat against medical advice
  • Medical staff have not instituted any programme of treatment because the service man or woman, though ill, does not “tick all the boxes” for PTSD

  • A need for treatment has been identified but not followed through
  • Personnel who have self-harmed or attempted suicide but been returned to full duties without seeing a consultant psychiatrist
  • Non-attendance at treatment sessions has been approached as a disciplinary matter
  • The wrong medical grading has been given, or a failure to downgrade somebody already suffering from mental health issues, has meant deployment and further exposure

  A further, relatively common, situation is that Vulnerable Service Leavers procedures have not been followed. Those procedures require a service man or woman with military-induced PTSD or other serious mental health condition to be given a package of support after discharge, including housing, employment and social welfare support.

  There should also be a clear link-up with NHS service providers to prevent the service leaver from being left without the right care. Failure here can result in family problems, homelessness and long-term unemployment.

  Under these circumstances, a person may be eligible to raise military PTSD claims if their condition has been made worse through negligence.

  Find out more about how service leavers, service personnel and families from Defence Transition Services.

• Who would my PTSD claim be against?

  It is normal to be troubled by the experience of combat or working in a war zone. However, a person’s reaction to these events can be so intense and long-lasting that it becomes a health issue. Unfortunately, it isn’t common to see reports of personnel suffering as a result of PTSD.

  Her Majesty’s forces have recognised this and have done a lot in recent years to encourage the chain of command to be alert to signs of military PTSD. For example, they have instructed commanders to take note if a person is drinking more or has a series of disciplinary problems that are out of character.

  Sadly, our team still hears about unsympathetic, or simply unobservant, commanders telling sufferers to “have a pint and get over it”, instead of referring them to the medical centre for an assessment.

  We also hear about doctors or other health professionals who are less alert than they should be to the possibility that a patient may have PTSD and either do not consider it or fail to follow up treatment plans.

• AFCS and military PTSD

  When mental health problems are a result of enemy action, then carers or employers may well encourage a service man or woman to apply for compensation through the Armed Forces Compensation Scheme (AFCS).

  Even if PTSD was caused by some other service-related activity such as an accident at work or bullying,  a claim can still be made to the AFCS.

• Can you stay in the military with PTSD?

  It’s most likely you won’t be able to join the military with existing PTSD, although each branch makes its own rules and some may be stricter than others. However, the question of whether you can stay in the military with PTSD is more complicated.

  This will depend on how your treatment progresses and whether you are deemed well enough to continue. Asking for help could mean you are less likely to compromise your career.

  According to the latest UK Armed Forces Mental Health report, the rates of PTSD in the Armed Forces was at 0.1%. That said, the same report cited that, based on all mental disorders, the proportion of initial assessments for PTSD in 2022/23 at the Ministry of Defence’s Departments of Community Mental Health (DCMH) was 8%.