Disability pension is granted to the soldiers as a compensation for the disability caused by the / aggravated during the military service. It has been found that in many cases, the pension sanctioning authority denied to grant the disability pension to the soldiers as the disability treated as NA NA ( Not attributable and not aggravated ) by military service. In such instances, there are provision to appeal before the appealate authority for grant fo disability pension.
In this article, the Govt instructions under which the 1st appeal and 2nd appeal and consequential action steps have been discussed is reproduced here.
No. 6(222)/02/(Pt)1D(Pen:A & AC)
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi, dated the 14th December 2004
Subject: 1st and 2nd Appeal against rejection of disability pension – issues regarding.
Certain issues have been cropping up while processing 1st and 2nd appeals against the rejection of disability pension at the level of Service Headquarters and Ministry of Defence. To sort out these issues, meetings were held in the Chamber of the then Addl. Secretary on 24-8-2004 and 28-10-2004 which were attended by Addl. FA(H) and DGAFMS besides JS(PEN). As a result of deliberations in these two meeting,the following decisions have been taken which should serve as a guideline in consideration of 1st & 2nd Appeals for grant of disability pension:-
(a) In case of disability arising out of injuries sustained by the Armed Forces Personnel including injuries sustained while on leave, a causal connection between the injury and the military service would be insisted upon. A nexus between the injury and the service has to be established beyond doubt by Brigade/Commander who are required to give their opinion with regard to attributability aspect of any injury. Such a direction has to be in the context of the instructions contained in the MOD’s letter dated 7-02-2001.
(b) In cases of appeals filed after long delay, without any specific reason, the arrears of disability pension, if any, should not be paid for the entire period. It should be reduced to the extent of delay in filing of the appeal.
(c) Whenever the DGAFMS, in respect of 2nd appeal, has to revise the opinion of the Medical Board either upwardly or downwardly, such a decision would be on the basis of a fresh physical medical examination. Similar procedure would be applied by the appropriate medical authority in the case of 1st appeal.
(d) If a person who is in receipt of disability pension, dies within a period of 10 years from the date of receipt of pension, he should be presumed to have died of the disease for which he was granted disability pension and a piedicku certificate as to the cause of death stands dispensed with. Cases of death on account of other reasons such as road accident etc_ should be dealt with in accordance with relevant rules and orders.
(e) The DGAFMS will ensure thafthe medical authorities make– recommendations after taking all necessary facts into consideration such as the opinion of the last Medical Board, guidelines to Medical Officers, Injury Report, Court of Inquiry, as the case may be, and views of the fresh Medical Board, wherever required.
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