Question 1

Who is eligible to make a military deafness claim in the UK?

Accepted Answer

If you served in the British Army, Royal Navy, Royal Marines or RAF (regular or reserve, including Gurkhas) and were exposed to harmful noise without adequate hearing protection, you may be eligible. At least part of your service must fall after 15 May 1987, the date Crown Immunity for service-related personal injury was lifted under the Crown Proceedings (Armed Forces) Act 1987.

Question 2

How much compensation could I receive for military hearing loss?

Accepted Answer

Awards are calculated by reference to the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases. The Guidelines set out bands for partial hearing loss, total deafness and tinnitus, taking into account severity, age and impact on quality of life. Past and future loss of earnings, hearing aid costs and care needs can be claimed in addition. Your solicitor will give you a realistic valuation once medical evidence is in place.

Question 3

Will making a claim affect my pension, AFCS or War Pension?

Accepted Answer

No. A civil claim against the Ministry of Defence is separate from your Service Pension, Armed Forces Compensation Scheme (AFCS) award or War Pension. You can pursue both. If you have already received an AFCS award for the same injury, that figure may be taken into account in any civil settlement to prevent double recovery, but it will not reduce your pension entitlement.

Question 4

Will claiming affect my career or future employment?

Accepted Answer

No. It is unlawful for any current or future employer — including the Ministry of Defence — to penalise you for bringing a personal injury claim. Your claim is confidential between you, your solicitor and the MoD’s legal team unless it proceeds to a public court hearing.

Question 5

Is there any cost or financial risk to me?

Accepted Answer

Claims of this kind are typically funded by a Conditional Fee Agreement (no win, no fee), often backed by After-The-Event (ATE) insurance to cover disbursements and adverse costs. If your claim is unsuccessful you should pay nothing, subject to compliance with the agreement. If you win, a success fee (capped by regulation) plus the ATE premium is normally deducted from your damages. Your solicitor must explain all costs in writing before you sign.

Question 6

How long do military hearing loss claims take?

Accepted Answer

Timescales vary with complexity. Straightforward claims may settle within roughly a year of medical evidence being in place; claims involving disputed liability, significant earnings loss, or contested limitation can take considerably longer. Your solicitor will give you a realistic timeline once they have reviewed your service history and medical evidence.

Question 7

What is the time limit (limitation) for a military hearing claim?

Accepted Answer

Under the Limitation Act 1980, you have three years from the date of knowledge — meaning the date you first knew, or could reasonably have known, that your hearing loss was significant and linked to service. For many veterans this is the date of an audiology diagnosis, not the date of service. The court has a discretion under section 33 to extend this period in appropriate cases.

Question 8

I served before 1987 — can I still claim?

Accepted Answer

Crown Immunity prevents claims for negligence committed by the MoD before 15 May 1987 (Crown Proceedings (Armed Forces) Act 1987). However, if you served either side of that date, you may still claim for noise exposure and damage caused after 15 May 1987. We assess this carefully on a case-by-case basis using your service record.

Question 9

Will I have to attend court?

Accepted Answer

It is uncommon for personal injury claims to reach a contested final hearing — the majority settle at some point in the pre-action or litigation process — but a contested trial cannot be ruled out. If your case does go to trial, your solicitor and barrister will prepare you fully.

Question 10

Do I have to be medically discharged to claim?

Accepted Answer

No. You can be serving, in the reserves, retired or medically discharged. A claim does not require any specific discharge category. The key issues are noise exposure, breach of duty and the resulting injury.

Question 11

I live overseas now — can I still claim?

Accepted Answer

Yes, in principle. Provided your qualifying service was with the UK Armed Forces and an independent audiology assessment can be arranged in your country of residence, the claim can usually be conducted from the UK.

Question 12

What evidence do I need to start?

Accepted Answer

Initially, your name, date of birth, service number and the dates and unit(s) you served with. Your solicitor will obtain your service medical records from the appropriate MoD records authority and arrange an independent audiology assessment. You do not need to find old paperwork yourself before making contact.

Question 13

Do I need a formal MoD diagnosis to start a claim?

Accepted Answer

No. Many veterans first realise they have noise-induced hearing loss or tinnitus years after discharge, often from a high-street audiologist. Your solicitor will arrange an independent medico-legal audiology report; you do not need to obtain a diagnosis yourself before getting in touch.

Question 14

I wore hearing protection — can I still claim?

Accepted Answer

Yes. The duty under the Control of Noise at Work Regulations 2005 is not satisfied simply by issuing PPE. Hearing protection must be suitable, properly fitted, maintained, used, and combined with engineering and administrative controls. If protection was inadequate, intermittent or unsuitable for the noise exposure, a claim may still succeed.

Question 15

Can family members claim if a veteran has died?

Accepted Answer

Where a veteran has passed away, a claim may be continued or commenced by the personal representatives of the estate under the Law Reform (Miscellaneous Provisions) Act 1934, and dependants may have a claim under the Fatal Accidents Act 1976 if death was caused by service-related injury. Different rules apply in Scotland.

Question 16

Do I have to attend a medical assessment in person?

Accepted Answer

Yes — an independent audiology assessment in person is normally required to produce admissible expert evidence. We instruct experts across the UK so you should not need to travel far.

Question 17

Will my service medical records be obtained for me?

Accepted Answer

Yes. With your written authority your solicitor will request your service medical records from the appropriate MoD records authority. You do not need to chase paperwork yourself.

Question 18

What happens if the MoD denies liability?

Accepted Answer

If the MoD's response under the Pre-Action Protocol for Personal Injury Claims is to deny liability, your solicitor will review the evidence and advise on issuing court proceedings. Many cases that begin with a denial settle once formal evidence is exchanged.

Military deafness claims — frequently asked questions

General questions

Eligibility & evidence

Process & next steps

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