A former tank commander is suing the MoD for £500,000 over claims his hearing was destroyed while he tested the Army's 'troubled' fleet of Ajax armoured vehicles.
Jonathan Bevan, 46, was medically discharged from the Army in June 2023 after he complained of chronic tinnitus and mental health problems.
The army veteran claims his hearing was destroyed by having to endure 'piercing' emergency alarms that sounded in his headset 'every six to seven seconds'.
Mr Bevan alleges his chronic tinnitus and mental health issues stemmed from 'acoustic shock' syndrome caused by the repeated noises in his headset.
He is now seeking £500,000 from the MoD before Lady Chief Justice Baroness Carr and two senior judges at the Court of Appeal.
His claims were initially dismissed by Judge Nigel Bird in Manchester last April, who found there was no 'memorable event' which triggered his hearing problems and that there was no compelling evidence of acoustic shock syndrome.
But Mr Bevan's lawyers are challenging that decision, arguing Judge Bird was wrong to conclude their client's symptoms couldn't be linked to acoustic shock.
Although the MoD has previously admitted negligence in relation to high levels of noise within the tank, it denies that this triggered any acoustic shock and also disputes that Mr Bevan's condition was caused by noise from his headset.
Jonathon Bevan, a former tank commander, is suing the MoD for £500,000 over claims his hearing was destroyed while he tested the Army's 'troubled' fleet of Ajax armoured vehicles
The army veteran claims his hearing was destroyed by having to endure 'piercing' emergency alarms that sounded in his headset 'every six to seven seconds' while he tested the Ajax tanks. An Ajax Ares tank is seen on the training range at Bovington Camp in Dorset in 2023)
The former Household Cavalry sergeant served in Afghanistan where he was seconded to the Gurkha Rifles before he was asked to test the Ajax fleet.
Trials of the 40-tonne light tank were previously halted due to safety concerns, with some personnel complaining of hearing loss and vibrational injuries.
This prompted ministers to pause payments to the American manufacturers of the fleet between December 2020 and March 2023, with delays to the rollout described as 'troubled' by then defence secretary Ben Wallace.
The first of the £6.3billion fleet of 589 Ajax tanks across six variants came into active service late last year after initially being expected to be ready for use by 2017.
Mr Bevan was taught how to drive and fire the vehicle's weapon system while deployed as an Ajax tank commander between June 2017 and 2021.
The ex-sergeant's barrister, Timothy Meakin, told the court Mr Bevan saw this as 'important work' and a 'gateway' to earning more responsibility within the Army.
But by March 2021, he was experiencing 'ringing or buzzing' in one ear.
The following year, Mr Bevan was diagnosed with PTSD which was then attributed to his previous traumatic combat tour of Afghanistan.
MPs have recently questioned whether the embattled Ajax fleet will ever be 'fit for purpose' following a series of delays (pictured, the first public running display of the Ajax tank in 2024)
He was finally medically discharged in June 2023.
The court heard the former tank commander complained about a variety of symptoms experienced while testing the Ajax fleet.
These included a 'noisy high-pitched ringing in his Bowman headset', a fan behind his head emitting a high frequency sound, and an alarm dubbed the 'nuclear biological chemical alarm' making an intermittent high-pitched screech.
The army veteran explained in written evidence that an alarm would be going off in his headset 'every six to seven seconds'.
He said of the 'nuclear' alarm: 'It was so loud and so piercing but it goes off all the time, you acknowledge it, you know it's going to come back on within a few seconds.
He continued: 'We had a job to do which was to drive round and test these vehicles, but because the project was so big we were told to just get on with it.
'As a driver and the commander, you're in this thing for hours on end sometimes and this alarm is going off in your headset, it can be very disorientating and quite horrible.'
His barrister argued the previous ruling by Judge Bird contradicted recognised guidelines on acoustic shock stipulated by medical experts.
After half a day in court, Lady Chief Justice reserved the decision in the case to be given at a later date.
MPs have recently questioned whether the embattled Ajax fleet will ever be 'fit for purpose' following a series of delays.
A report from the Public Accounts Committee, who are responsible for scrutinising government spending, said: 'Armoured vehicles which injure soldiers when they are operated outside rigid parameters will be of little use on the modern battlefield.'
Recent reports have suggested the Ajax fleet may now be deployed alongside drones to modernise and increase its effectiveness on the battlefield.