Question 1

Can I claim under the AFCS and bring a civil claim at the same time?

Accepted Answer

Yes. The Armed Forces Compensation Scheme and a civil negligence claim are separate routes with different rules and decision-makers. Many veterans pursue both. An AFCS award for the same injury may be taken into account in any civil settlement to prevent double recovery, but it does not bar the civil claim or reduce your pension entitlement.

Question 2

Which is better — AFCS or a civil claim?

Accepted Answer

AFCS is faster and no-fault but pays a fixed tariff that is generally lower than a successful civil award. A civil claim requires proof of MoD negligence but can recover full general damages on the Judicial College Guidelines plus past and future loss of earnings, pension loss, hearing aids and care. For a serving career-ending hearing injury, the civil route typically values significantly higher.

Question 3

What is the time limit for AFCS?

Accepted Answer

Generally 7 years from the date of the injury, the date you first sought medical advice for it, or (for illnesses) the date of diagnosis — whichever is later. Late claims may be considered in exceptional circumstances. The civil limitation period is shorter — three years from the date of knowledge under the Limitation Act 1980 — so you should not delay taking civil advice.

Question 4

Will pursuing a civil claim affect my War Pension or Service Pension?

Accepted Answer

No. A War Pension or Service Pension is independent of any civil compensation award and is unaffected by it.

Question 5

Do I need a solicitor for AFCS?

Accepted Answer

Not strictly — Veterans UK accepts applications directly. However, AFCS decisions can be appealed and the medical evidence required for a strong AFCS case is largely the same as for a civil claim, so many veterans run them in parallel with legal support.

	AFCS	Civil claim
Legal basis	No-fault statutory tariff scheme	Common law negligence claim against the MoD
Governing instrument	Armed Forces and Reserve Forces (Compensation Scheme) Order 2011	Crown Proceedings (Armed Forces) Act 1987; Limitation Act 1980
Need to prove fault?	No	Yes — breach of duty and causation
General damages	Tariff bands	Judicial College Guidelines (case-specific)
Loss of earnings	Limited (Guaranteed Income Payment for higher tariffs)	Recoverable in full where proven
Pension loss	Not separately recoverable	Recoverable where proven
Hearing aids & care	Not separately recoverable	Recoverable on evidence
Decision-maker	Veterans UK	MoD legal team / civil court
Time limit	Generally 7 years (with exceptions)	3 years from date of knowledge
Typical timescale	Months	12+ months once medical evidence is in place
Cost to claimant	Free to apply	No win, no fee (CFA) typical
Effect on pension	None	None

AFCS vs civil claim for military hearing loss

AFCS and civil claim compared

Why many veterans pursue both

AFCS vs civil claim — common questions

Not sure which route suits your case?