Disability pension is decided on the basis of two factors – Firstly the disability should attributable to or aggravated by military service. Second condition is the disability assessed by the competent authority at the time of retiremenet/release must be 20% for regular retirement/PMR and minimum 1% for medical invalided out cases.
The New Rules 2023 for award of Pensuionary benefit to Low Medical category persons has defined the disease/injury which should satisfy the conditions laid down as per para 11. Due to versatile nature of duties in various geographical locations of India, the Jawans/JCOs may injured or got disabled in operation / hazardous duties.
In such consequences,the armed forces personnel is declared invalidated out from services and awarded disability pension or invalid pension. According to the new rules, unwilling to accept sheltered appointment is not included in ther terms and conditions of invalided out of services.
In this article we will discuss the terms and conditions which to be treated as attributable or aggravated by nmilitary service.
Conditions that to be treated as the disability or injury attributable to military service
Para 11. Attributability.
(a) Injuries. In respect of accidents or injuries. the following rules shall be observed:
(i) 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
(ii) 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) Diseases: 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 radiation.
(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 lMA/ 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.
Conditions that to be treated as the disability or injury aggravated by military service
Para 12. Aggravation.
(a) 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.
(b) 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-extSting medical condition.
(c) The curative outcomes achieved through medical treatment in service hospitals and the sheltered appointments provided to the individual to prevent worsening of a med cal 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.
The Competent authority to Decide the Disability as Attributable and Aggravated by military Service
13. Competent Authorities.
(a) Attributability/ Aggravation.
(i) 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 HO in respect of officers and cadets and by the Officer in Charge Records in case of JCOs/ 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) Disease Cases. The decision regarding whether an impairment caused by a disease is to be held attributable to or aggravated by military service, both cases of invalidment or relirement discharge shall be taken by the Service HQ in respect of officers and cadets and the Officer in Charge Records in case of JCOs/ 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
para 13 (b) Assessment of % of Disability
(i) The assessment with regard to percentage of impairment m both injury and disease cases as recommended by the Invalid ng Medical Board. Retention cum lmpa1nnent Assessment Board or Release MedicalBoard.read in conjunction with the Guide to Medical Officers and duly accepted by the Competent Appellate Authority, as the case may be, shall be treated as final and ‘For Life’. except in the cases of impairments that are not of a permanent nature, unless the individual himself requests for a one time review
(ii) Where the impairment is due to more than one medical condition, a composite assessment of the degree of impairment shall be made by reference to the combined effect of all medical conditions in addition to separate assessment for each medical condition. In case of overlapping medical conditions.the composite assessment of impairment will not be the same of in<flVidual medical conditions. After accounting for the percentage of the first medical condition. the percentage of every subsequent medical condition shall be calculated against the total after discounting its assessment from 100 per cent. or the remainder thereof. The composite assessment of impairment shall be the sum of the percentages of individual accepted medical conditions calculated in this discounted manner. This is based on the principle that no person can be more than 100 percent disabled.
(c) Reassessment of disability. There shall be no periodical review of the assessment of impairment determined by an invalid Medical Board. Retenbon cum Impairment Assessment Board or Release Medical Board. except those impairments which are not of a permanent nature In such cases there shall be only one re-assessment of the percentage by a Re-Assessment Medical Board The percentage of disability assessed/ recommended by the Reassessment Medical Board shall be final and ‘For Life’ unless theindividualhimself asks for a one-time Review Medical Board.