How to Confirm that Your Disability is Attributable to or Aggravated by Military Service

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After introduction of New ER and GMO 2023, applicability of disability pension has been changed drastically.  Now,  the disabled soldiers on their retirement is eligible for Impairment only.  If invalided out of service, disability pension applicable if the disability is attributable/aggravated by military service.

Earlier it was common practice tha, if in your initial medical document(AFMSF_15), your disease termed as Attributable/aggravated by military service, it used to be continued by the RMB.  But at present after introduction of GMO 2023, RMB can reassess, if your disability is attributable/ aggravated or not.

In this article the detailed provision of ER and GMO-2023 regarding assessment of Attributability and Aggravation  of disability of retiring soldiers are reproduced –

Authority : Para 11 of  ER and GMO 2023 dt 21.09.2023

Attributability.

(a)   Injuries. In respect of accidents or injuries, the following rules shall be observed: Injuries sustained when the individual is ‘on duty’, as defined, shall be treated as attributable to military service, provided a causal connection between the injury and military service is established. In cases of self-inflicted injuries while ‘on-duty’, Attributability shall not be conceded unless it is established that service factors were responsible for such action.

Note: Cases of suicide shall not be eligible to be considered for the award of any casualty pensionary award.

(b)   Disease:   For acceptance of a disease as attributable to military service the

following two conditions must be satisfied simultaneously: –

(i)   that the disease has arisen during the period of military service, and,

(ii)  that the disease has been caused by the conditions of employment in military service like active operations, high altitude, extreme cold/ hot climate, extreme physical exertion and other specified exposures for e.g. to infections, chemicals and ionizing rad iation,

(c)     Diseases arising due to infection contracted in service and fulfilling above mentioned criteria, other than that transmitted through sexual contact, shall merit an entitlement of attributability. Where the disease may have been contracted prior to enrollment or during leave, the incubation period of the disease will be taken into consideration on the basis of its clinical course as determined by the Competent Medical Authority.

(d)    If nothing at all is known about the cause of the disease and the presumption of the entitlement is not rebutted, attributability should be conceded on the basis of the clinical picture and current scientific medical application based upon standard text books prescribed by the Government Medical Colleges affiliated to IMA/ MCA and not merely on research articles.

(e)   When the diagnosis and/ or treatment of a disease was faulty, unsatisfactory or delayed due to exigencies of service, disability caused due to any adverse effects arising as a complication therein shall be conceded as attributable to military service. This however, does not apply for known adverse effects of treatment/ drugs which are the standard of care and the individual has been made aware of the risk to benefit aspect of the treatment being offered.

Agravation

An impairment shall be conceded as aggravated by military service if its onset is hastened or its subsequent course is worsened by specific conditions of military service, such as being posted in places of extreme climatic conditions or being exposed to environmental factors that adversely affect any pre-existing medical condition e.g, Fields, Operations, High Altitudes etc.,

Extreme exertion caused by various military activity, impact of exceptional stress or strain of military service and conditions that inhibit an individual from following through on medical advice such as dietary restrictions are some conditions that merit a consideration of entitlement on the basis of aggravation of a pre-existing medical condition.

The curative outcomes achieved through medical treatment in service hospitals and the sheltered appointments provided to the individual to prevent worsening of a medical condition shall also be taken into account while contemplating award of entitlement on the basis of aggravation. Where a pre-existing medical condition has shown improvement with treatment, aggravation shall not be conceded.

Competent  Authorities to Decide whether the Disability  is Attributable/ Aggravated by Military Service

(i) For  Injury Cases.

The decision regarding whether an impairment caused by an injury is to be held attributable to military service, both in cases of invalidment or retirement/ discharge shall be taken by the Service HQ in respect of officers and cadets and by the Officer in Charge Records in case of JC0s1 WO/ OR based on an assessment of the circumstances leading to the injury and the rules, regulations and policies on the subject that are currently in force.

(ii) For   Disease Cases.

The decision regarding whether an impairment caused by a disease is to be held attributable to or aggravated by military service, both in cases of invalidment or retirement/ discharge shall be taken by the Service HO in respect of officers and cadets and the Officer in Charge Records in case of JCOsi WO/ OR. The decision shall be taken on the basis of the findings of an Invaliding Medical Board, Retention cum Impairment Assessment Board or Release Medical Board, read in conjunction with the Guide to Medical Officers and duly accepted by the Competent/ Appellate Authority, as the case may be, based on rules, regulations and policies on the subject that are currently in force.

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