Disability Pension Claim when Disability Manifests after Discharge of Service Personnel

Hello Friends! Most of the Armed Forces Personnel and officers are retired in good health. Some may retired with disability. You might have noticed that a disability rose after your retirement which is connected to your military service. In some cases, the disability percentage of LMC veterans may be increased after retirement. In both the cases, you may claim your disability  element even after retirement.

This article is all about admissibility of disability element when disability manifests after discharge or substantial increase in disability claimed after discharge/invalidment of Indian Armed Forces Veterans.

Rules regarding admissibility of disability pension is available at Pension Regulations for the Army Part-II  2008 Regulation 59,81,82 and 95.  Disability claim after retirement is regulated by Regulation 40. The Details of the regulations are as under:-

40. In case where disability manifests within 10 years after discharge of service personnel or substantial increase in the disability is claimed after discharge/ invalidment under Regulation 87 or Regulation 93 of Pension Regulations for the Army, Part-I (2008) as the case may be, the following procedure shall be followed: –

(a) The individual concerned shall send an application, together with a medical certificate with clinical notes, if any, from a Registered Medical Practitioner who last attended upon the individual, indicating the nature of disease to the concerned Record office.

(b) The Record Office on receipt of the application and the medical certificate referred to above, shall examine and decide, in consultation with the Director General of Armed forces Medical Services, where necessary, whether a prima facie justification for bringing the claimant before a Review Medical Board, exists or not. If it is decided to bring the claimant before a Review Medical Board the Director General Armed Forces Medical Service shall make necessary arrangements for the same.

(c) On receipt of the Review Medical Board proceedings, the decision of the competent authority regarding attributability to /aggravation of the disability by the military service as per Annexure III to Appendix VI to these Regulations shall be sent to the Principal Controller of Defence Accounts (Pensions), for increase in disability element, if any, or sanction disability element in addition to pension already sanctioned, if the disability has been accepted as attributable to or aggravated by military service; and the disability is 20% or more.

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