For Armed Forces personnel, rejection or reduction of a disability pension / Impairment relief claim can be a serious concern, particularly when the individual believes that the disability is attributable to or aggravated by military service. The procedure for filing an appeal against rejection of disability pension provides an opportunity to challenge an adverse decision through the prescribed appellate mechanism.
According to the material provided, disability pension is linked to disabilities considered attributable to or aggravated by military service, subject to the prescribed disability assessment. The document also outlines a two-stage appeal process, with a six-month time limit at each stage.
Important: This article explains the procedure shown in the supplied handbook extract. Before filing an appeal, veterans should verify the latest applicable Government/Service Headquarters instructions and the exact limitation period and authority applicable to their individual case.
What Is Disability Pension/ Impairment Relief ?
Disability pension is a pensionary benefit available to eligible Armed Forces personnel where a disability is determined to be attributable to or aggravated by military service, subject to the applicable rules and medical assessment.
Disability pension is granted to a JCOs/OR & Officer when the disability is considered attributable to or aggravated by service and must be invalided out of service.
Impairment Relief is applicable to persons released with LMC after completion of coloured service / discharged at own request including unwilling to accept sheltered appointment. Minimum disability should be 20% to be eligible for impairment relief.
Invalid pension is applicable when invalided out of service after completion of 10 years of service and disability assessed as Not attributable / Not aggravated by military service. Percentage of disability is not taken into acount for grant of invalid pension. Length of minimum service is relaxable when the disability assessed as fully incapaciated for civil and military service.
The question of entitlement generally involves two important aspects:
- Medical assessment of the disability, including the percentage of disability.
- Attributability or aggravation by military service.
Therefore, a veteran may face an adverse decision either because the disability is not accepted as attributable/aggravated by service or because the assessed percentage does not meet the applicable threshold.
What Happens When a Disability Pension / Impairment relief Claim Is Rejected?
The supplied material describes a process involving the RMB/IMB, examination by a specialist Sub-Divisional Board, and consideration at the Directorate of Air Veterans (DAV) level.
According to the document, when the RMB/IMB recommendation is received at Record office/veteran directorate, it is examined by the specialist authority. If the individual’s disability is assessed at less than 20% (for non invalided out case) and is considered neither attributable to nor aggravated by service, a rejection letter is forwarded to the veteran. The rejection communication provides an opportunity to submit a first appeal within six months. Rejection of Invalid pension is also similarly treated.
This six-month period is particularly important. A veteran who intends to challenge the decision should not wait until the last moment.
Disability Pension Appeal Procedure: Step-by-Step
Step 1: Receive the Rejection or Adverse Decision
The appeal process normally begins after the veteran receives an adverse decision concerning disability pension entitlement.
The rejection letter is important because it records the reason for rejection and provides the basis on which the veteran can formulate the appeal.
Carefully check:
- Date of the rejection letter
- Date on which it was received
- Disability percentage assessed
- Whether disability was considered attributable to service
- Whether disability was considered aggravated by service
- Medical findings/recommendations
- Any specific reason given for rejection
Keep the original communication safely and preserve a scanned copy.
Step 2: File the First Appeal Within Six Months
The supplied handbook specifically states that a person aggrieved by denial of entitlement may submit a First Appeal before DAV within six months. The appeal is considered by the Appellate Committee for First Appeal (ACFA).
First Appeal Authority
Appellate Committee for First Appeal (ACFA)
Time limit
Within six months of receipt of the initial rejection letter, as stated in the supplied material.
This makes the date of receipt of the rejection letter extremely important.
What Should Be Included in the First Appeal?
A well-prepared appeal should clearly explain why the veteran disagrees with the original decision.
The appeal should ideally address:
1. Details of the applicant
Include:
- Name
- Service number
- Rank
- Regiment/Corps/Service
- Date of birth
- Date of enrolment
- Date of discharge/retirement
- Contact details
- Pension/PPO details, wherever applicable
2. Details of the disability
Clearly mention:
- Nature of disability
- Date/year of onset
- Medical diagnosis
- Disability percentage assessed
- Relevant medical history
- Whether the condition occurred during service
- Whether it was aggravated during service
3. Grounds of appeal
The most important part of an appeal is the grounds.
The veteran should explain why the decision is believed to be incorrect, incomplete or inconsistent with the applicable rules and medical evidence.
For example:
- The disability arose during military service.
- The disability was aggravated by military duties.
- Relevant service conditions were not adequately considered.
- The medical evidence supports a higher disability assessment.
- Relevant medical documents were not considered.
- The veteran disagrees with the finding regarding attributability/aggravation.
The grounds should be specific, factual and supported by documents, rather than merely stating that the rejection is unfair.
Supporting Documents for Disability Pension Appeal
Depending on the individual case, useful supporting documents may include:
- Copy of rejection letter
- Medical Board proceedings
- RMB/IMB documents
- Specialist medical reports
- Hospital records
- Service medical records
- Discharge documents
- Previous disability pension documents
- Relevant correspondence with the authorities
- Prescriptions and investigation reports
- Any additional medical opinion relevant to the disability
- Evidence relating to the circumstances in which the disability occurred or was aggravated
Veterans should retain one complete set of documents for their personal record.
How Is the First Appeal Decided?
The supplied document states that the first appeal is considered by the Appellate Committee for First Appeal (ACFA) according to the applicable Government guidelines.
The decision of the First Appellate Committee is communicated to the individual. The material further states that the committee’s decision for upholding or rejecting the appeal is by consensus.
Therefore, after submitting the first appeal, the veteran should carefully preserve the decision issued by the appellate authority.
What If the First Appeal Is Rejected?
A first-appeal rejection does not necessarily end the appellate process described in the supplied document.
The material provides for a Second Appeal.
Second Appeal Against Disability Pension Rejection
According to the supplied extract, a person who is aggrieved by the decision in the first appeal may submit a second appeal within six months of the decision of the Appellate Committee for First Appeal. The second appeal is submitted to the Second Appellate Committee on Pension (SACP).
Second Appeal Authority
Second Appellate Committee on Pension (SACP)
Time limit
Within six months from the date of the First Appeal Committee’s decision, according to the supplied material.
First Appeal vs Second Appeal
| Particular | First Appeal | Second Appeal |
| When filed? | Against initial rejection/denial | Against decision in First Appeal |
| Authority | Appellate Committee for First Appeal (ACFA) | Second Appellate Committee on Pension (SACP) |
| Time limit stated in supplied material | Within 6 months of receipt of initial rejection | Within 6 months of First Appeal decision |
| Purpose | Challenge original adverse decision | Challenge First Appeal decision |
| Supporting evidence | Medical/service records and grounds of appeal | First Appeal decision plus relevant supporting material |
The six-month deadlines at both stages make timely action essential.
Why the Six-Month Time Limit Is Important
One of the most important points for veterans is the limitation period.
There are potentially two separate six-month periods:
Initial rejection → First Appeal: 6 months
First Appeal decision → Second Appeal: 6 months
These are separate stages. A veteran should therefore record the relevant dates immediately after receiving each communication.
Practical tip
Maintain a simple record:
| Event | Date |
| Initial rejection letter | __________ |
| Date received | __________ |
| Last date indicated for First Appeal | __________ |
| First Appeal submitted | __________ |
| First Appeal decision | __________ |
| Date received | __________ |
| Last date indicated for Second Appeal | __________ |
| Second Appeal submitted | __________ |
This simple record can help prevent an avoidable delay.
Disability Percentage and the 20% Issue
The supplied document specifically refers to 20% disability in the context of disability pension entitlement. It states that disability pension is granted where the disability is attributable to or aggravated by service and has been assessed at 20% or more.
It further describes a situation where an individual’s disability is assessed at less than 20% and is considered neither attributable nor aggravated by service, following which a rejection letter is issued and the veteran is given the opportunity to submit a first appeal.
However, veterans should not assume that the percentage alone determines every aspect of their pension entitlement. Disability pension rules, medical assessment procedures and pensionary benefits can change through subsequent Government instructions and judicial decisions. The exact circumstances of each case must therefore be examined separately.
Common Mistakes Veterans Should Avoid
1. Missing the six-month deadline
This is perhaps the most important procedural mistake.
Do not wait until the last few days to prepare an appeal.
2. Filing an appeal without clear grounds
Simply writing “I am not satisfied with the rejection” may not adequately explain the case.
The appeal should clearly state why the decision is disputed.
3. Ignoring medical evidence
Medical records are particularly important in disability pension cases.
Relevant reports should be organised chronologically.
4. Not preserving the rejection letter
The rejection letter establishes the basis of the original decision and is an important document for subsequent proceedings.
5. Failing to keep proof of submission
Always retain evidence showing that the appeal was submitted.
6. Not preserving the First Appeal decision
The First Appeal decision becomes particularly important if the veteran proceeds to the Second Appeal.
How Veterans Can Prepare a Stronger Appeal
A good disability pension appeal should be:
Clear
Explain exactly what decision is being challenged.
Chronological
Describe the medical and service history in the order in which events occurred.
Evidence-based
Refer to medical and service documents supporting the claim.
Rule-based
Where appropriate, identify the applicable pension/service provisions.
Precise
Avoid unnecessary allegations or emotional language.
Timely
Submit the appeal within the prescribed period.
Disability Pension Appeal: A Simple Flowchart
Disability assessed / pension claim processed
⬇️
Adverse decision / rejection
⬇️
Rejection letter received
⬇️
FIRST APPEAL
Within six months
⬇️
Appellate Committee for First Appeal (ACFA)
⬇️
Decision communicated
⬇️
If aggrieved → SECOND APPEAL
Within six months of First Appeal decision
⬇️
Second Appellate Committee on Pension (SACP)
This sequence is based on the procedure shown in the supplied handbook extract.
Frequently Asked Questions
Can a veteran appeal against rejection of disability pension?
Yes. The supplied procedure provides for a First Appeal against denial of entitlement and subsequently a Second Appeal against the First Appeal decision.
What is the time limit for the First Appeal?
The supplied document states that the First Appeal should be submitted within six months of receipt of the initial rejection letter.
Where is the First Appeal considered?
The material states that it is considered by the Appellate Committee for First Appeal (ACFA).
Can a veteran file a Second Appeal?
According to the supplied procedure, a person aggrieved by the First Appeal decision may file a Second Appeal.
What is the time limit for the Second Appeal?
The supplied document states six months from the decision of the Appellate Committee for First Appeal.
Who considers the Second Appeal?
The document identifies the Second Appellate Committee on Pension (SACP) as the authority for the Second Appeal.
Important Advice for Veterans
Disability pension cases can involve complex questions relating to medical assessment, attributability, aggravation, service conditions and pension rules. Therefore, every case should be examined on its own facts.
Most importantly, do not allow the appeal period to expire while collecting documents or seeking advice. If necessary, submit the appeal within the prescribed period and provide additional supporting documents in accordance with the applicable procedure.
The information in this article is based on the supplied handbook extract titled “Procedure for Appeals (Disability)” and is intended for general information and awareness.