What is the presumption regarding diseases not noticed at the time of enrolment for disability pension claims? What is the test to determine if a mental disorder is attributable to or aggravated by military service? When can a court review the opinion of an Invaliding Medical Board for disability pension claims?

Key Points: - A disease not noticed at the time of enrolment does not invariably lead to a presumption that it was aggravated or attributable to military service (!) . - The test for determining if a mental disorder is attributable to or aggravated by military service is whether the person was posted in harsh and adverse conditions leading to mental imbalance (!) . - The opinion of an Invaliding Medical Board can be reviewed by a court only on strong medical evidence to dispute its correctness (!) . - Schizophrenia, a mental disorder, not noticed at the time of enrolment, will not automatically lead to a presumption that it was aggravated or attributable to military service (!) . - The appellant was enrolled in the Indian Army and later discharged due to Schizophrenia, with the Medical Board opining the disability was neither attributable to nor aggravated by military service (!) . - The appellant's postings were at peace stations, and his duties as a Vehicle Mechanic were not considered to have caused stress and strain leading to the disability (!) . - The appellant's personal statement indicated no incidents during service that he believed caused or worsened his disability, and the Commanding Officer stated duties did not involve severe/exceptional stress and strain (!) . - The amended Rule 14(d) of the Entitlement Rules for Casualty Pensionary Awards, 1982, states that entitlement to disability pension for congenital, hereditary, degenerative, and constitutional diseases detected after joining service will not be conceded unless it's established that military service adversely affected the disease's course (!) . - The court found no infirmity in the Medical Board's report that would warrant reconsideration by a Review Medical Board (!) . - The appeal was dismissed as the court found no merit in the case (!) .None

What is the presumption regarding diseases not noticed at the time of enrolment for disability pension claims?

What is the test to determine if a mental disorder is attributable to or aggravated by military service?

When can a court review the opinion of an Invaliding Medical Board for disability pension claims?