398. Appeals on entitlement.

An appeal lies to the appropriate tribunal1:

  1.  

    (1)     where any claim under an armed and reserve forces compensation scheme2 in respect of the disablement of any person is rejected3 by the scheme administrator4 on the ground that the injury5 on which the claim is based is not attributable to any relevant service6 and did not exist before or arise during any relevant service and has not been and does not remain aggravated thereby7;

  2.  

    (2)     where for the purposes of any such claim the injury on which the claim is based is accepted by the administrator as having existed before