How to File Appeal against Rejection of Disability Pension NA NA Cases

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Provision for Appeal against Rejection of Disability pension is discussed here.  It has been observed that in spite of disability occurred during the period of military service, all disabled ex servicemen are not granted disability pension.  Medical authority assessed the disability and in case of disability not attributable and not aggravated (NA NA Cases), the disability pension is not granted.  In the event of Rejection of disability pension for any reason, the veterans have the option to file appeals against the decision conveyed by the PCDA. 

In order to abide by the principles of natural justice, there is a provision for two appeals against the rejection of disability pension claims. An individual may prefer an appeal on a plain paper (in duplicate) against the rejection of Disability Pension. He is to mention the reasons as to how he feels that his disability is attributable to or aggravated by the conditions of service. First and Second appeal for AF personnel can be sent to DAV (A&N – Appeal Section), Subroto Park, New Delhi – 110010 directly. For Army personnel, please send to your record office concerned.  For naval , please send to the Naval HQ/ NAV Pen Office. Both appeals are considered by the duly constituted Appellate Committee formed by the concerned Service HQ/ Record Office.. 

Service Headquarters (Air HQs, DAV for IAF) are authorized to process the appeals (both first and second) even after elapse of considerable time from the date of rejection of claim/date of discharge/death or invalidment of the personnel from service. Govt has now decided a time limit of five years for filing an appeal for consideration of the case for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension, disability/ war injury pension/element etc from the date of discharge/invalidment from service or from the date of rejection of claim. 

Letter No. 1(3)/2008/D(Pen/Pol) issued by the Ministry of Defence to the Heads of the three Forces provides for relaxation of time over entertaining of belated appeals for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/war injury pension/element etc. from the date of discharge/invalidment from service or from the date of rejection of claim. A time limit of five years is provided for filing an appeal from the date of discharge/invalidment from service or from the date of rejection of claim modifying the period fixed earlier.

Armed Forces Personnel, who is boarded out on medical grounds or is discharged/released/retired in low medical categories, has the right to appeal against the denial of disability pension. These Rules also provide that, if a person is aggrieved by the denial of entitlement, he may, if he so desires, submit an appeal before Record Office/Service HQrs within six months, which would be considered by the Appellate Committee for First Appeal.

The Appellate Committee’s decision for upholding or rejecting the appeal will be by consensus. Any person, aggrieved by the decision in the First Appeal, may file a Second Appeal within six months of the decision of the Appellate Committee for First Appeal. The extant instructions also provide that in cases of non-consensus among the Members of the Second Appellate Committee on Pension, the Vice Chief of the respective Services shall forward the file to MoD for consideration of Hon’ble RRM.

The time limit of five years prescribed is applicable in the case of belated appeal only and the period of six months prescribed in the Pension Regualtion and Entitlement Rules etc for filing appeals in respect of disability/war injury element, Special Family Pension etc would continue to be governed under the existing provisions. This is in terms of MoD letter No 1(3)/2008/D (Pen/Pol) dated 17 May 2016. The composition of appellate committees for Air Veterans  are as given below: –

(i) Appellate Committee for First Appeal
Chairman – Air Cmde AV
Members – (aa) Dy DGAFMS (Pens),
(ab) Dy IFA
(ac) Gp Capt AV (A&N)

(ii) Second Appellate Committee on Pension

Chairman – VCAS
Members –
(aa) ACAS (Accts & AV)
(ab) JS & Addl FA
(ac) DGHS (Armed Forces)
(ad) JAG (Army) / JAG (Navy)
For Army and Air Force Personnel, similar kind of committee is constituted by the concerned Service HQs.

Note : In case, there is no consensus amongst the members of the committee, the case will be referred to Raksha Rajya Mantri (RRM) for final decision / disposal as per GOI MoD letter No. 16(2)/2008/D(Pen/ Pol) dated 09 Aug 16.

(f) Appeal Medical Board : During consideration of appeals, if the opinion of appellate committee differs with the opinion of IMB/RMB, an individual is required to be brought before a fresh appeal medical board under the provisions of DGAFMS letter No. 16036/DGAFMS/MA(Pens)/12 dated 16 Mar 05. DDG (Pen) issues necessary sanction for conducting the appeal medical board. The physical examination is held at Base Hospital Delhi Cantt. Free Railway Warrant is not admissible to attend the Appeal Medical Board to personnel if already discharged. The decision of the Appeal Medical Board is considered final and no further review is entertained.

How to Submit your Appeal – Format

Appeal against the rejection of your disability can be submitted to your concerned Service HQ/ Record office as applicable on a plain paper mentioning all documentary evidences in support of your appeal. Must enclose all the copies of your medical documents,copy of discharge order, RMB Copy, rejection letter received from Record office/Service HQ , PPO of service pension and all connected documents.

For second appeal, must enclose the reply received against your first appeal and all medical documents as mentioned above. Must follow the guidelines mentioned on the communication received from your Record office fior 2nd appeal.

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