Military Claims

Military Post Traumatic Stress Disorder Claims

Post-Traumatic Stress Disorder (PTSD) is a condition our military claims team see in a substantial number of service personnel. Read on to learn what’s involved in making a PTSD compensation claim.

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I cannot thank Bolt Burdon Kemp enough for their help dealing with my medical negligence case against the NHS

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What is PTSD?

Alongside other mental health issues such as anxiety, depression and adjustment disorders, PTSD can present itself when servicemen and women are exposed to traumatic and life-endangering events, often in combat situations.

The most common military-induced PTSD symptoms complained of are:

Re-experiencing phenomena such as nightmares, flashbacks, intrusive memories and reminders of the index trauma
Avoidance behaviour, withdrawing into oneself and shying away from social contact
Mood changes and cognition
Heightened arousal and reactivity

If you or a loved one has been affected by PTSD, please get in contact with us for confidential advice about making a military PTSD claim for compensation. We work on a ‘no win no fee’ basis.

PTSD symptoms

The symptoms of PTSD vary enormously from person to person. One individual might seem withdrawn, while another can become extremely angry or violent at the slightest provocation.

Some people have frequent flashbacks and others deny there is anything to remember. It can take many sufferers a long time to realise they have been affected at all. Visit our symptoms page to see a list of problems that can indicate whether a person who’s been in the military may have PTSD.

What can happen if military-induced PTSD is misdiagnosed?

Sadly, medical negligence and misdiagnosis involving military PTSD aren’t uncommon. We have come across situations where military doctors have misdiagnosed PTSD for ‘battle stress’, ‘anger management’, ‘alcohol misuse’ and even ‘personality disorder’. The delay in diagnosis inevitably prolongs the commencement of treatment.

This can often lead to other co-morbid and social complications such as depression, anxiety, unemployment, homelessness and family breakups, making it harder to integrate into civilian life. They can mask the condition and make it more difficult to treat.

If you or someone close to you has experienced this, there could still be a valid PTSD compensation claim if you raise it in time.

Why make a military PTSD claim for compensation?

A successful PTSD compensation claim can’t undo the harm that has been caused, but it can help you and any loved ones move forward. Your solicitor will consider time taken off work and the psychological damage the condition has caused, while helping you to access professional support.

You could be eligible to make military PTSD claims for the following reasons:

You received a misdiagnosis from a military doctor, causing a delay in diagnosis and opening the door to further complication.
Your superiors in the military failed to spot the signs and exacerbated your condition or failed to provide sufficient support.

For your claim to be successful, you need to prove your PTSD was caused by your service in the military.

Whether you’re seeking military compensation for PTSD at the hands of military doctors or superiors within the Ministry of Defence (MoD), our solicitors can support you.

Military mental health

Success Story

Settlement for delayed diagnosis of PTSD

We investigated a clinical negligence claim for delayed diagnosis of PTSD for our client who felt ‘like a different person’ after returning from deployment to Afghanistan. He was seen by a CPN where red flag symptoms of military PTSD were noted, but without referring him to a psychiatrist. Our expert’s medical report confirmed that had our client been referred, he would’ve been diagnosed with PTSD and given treatment. We were able to negotiate a settlement early on, protecting his future entitlement under the Armed Forces Compensation Scheme and helping to fund his treatment.

Meet our Military Claims Team

Ahmed Al-Nahhas

Head of Military Claims

Claire Withey

Associate – Part of the Military Claims Team

Marie-Joelle Theanne

Solicitor – Part of the Military Claims Team

Cameron Upton

Senior Paralegal – Part of the Military Claims Team

Meet the full team

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%.

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