SKJ v Secretary of State for Defence

Facts

The appellant, anonymised as SKJ in accordance with the practice approved in Adams v Secretary of State for Work and Pensions and Green (CSM), served in the army from 30 August 2010 until 28 January 2021. By a claim form received on 23 December 2019 he sought compensation under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 for low back pain which he believed was due to excessive use during his military service. By decision letter dated 19 February 2020 the Secretary of State for Defence determined that he was not entitled to compensation because his injury was "not due to service"; on reconsideration requested by letter of 25 February 2020, that decision was maintained by letter dated 1 December 2020. The appellant appealed to the First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber), which heard the matter remotely on 2 August 2024 before Judge N Hawkes, Dr HM Freeman and Mr J Lea. By its decision dated 29 August 2024 the tribunal dismissed the appeal, finding as a fact on the balance of probabilities that service was not the predominant cause of the claimed condition. Upper Tribunal Judge Fitzpatrick granted permission to appeal on 17 February 2025 on all three grounds, and the appeal was heard remotely on 6 January 2026.