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ABHAY S. OKA, N. KOTISWAR SINGH
Rajumon T. M. – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. circumstances of medical invalidation and appellant's condition upon enlistment. (Para 3 , 6 , 10) |
| 2. respondents' contest against the appellant's claim for disability pension. (Para 4 , 5 , 8) |
| 3. requirement of providing reasoning in medical board's opinion regarding disability. (Para 9 , 22 , 23) |
| 4. court's decision to grant disability pension due to lack of substantiated reasoning. (Para 38 , 39) |
JUDGMENT :
The present appeal has been preferred against the judgment and final order dated 17.01.2013 passed by the Armed Forces Tribunal, Regional Bench, Kochi in OA No.100 of 2011 by which the claim of the appellant for grant of disabilities pension was denied to the appellant.
3. The appellant, Rajumon T.M. No.13978552W was enrolled in the Indian Army on 17.11.1988 as a sepoy and after serving more than 9 (nine) years he was discharged from service on being diagnosed with Schizophrenia. His discharge on medical invalidation was based on the opinion of the Invalidating Medical Board held on 30 March, 1998 at the Command Hospital, Western Command, Chandimandir which found that the onset of the invalidating disease was in August 1993 during which period the appellant had
Disability pension claims require medical opinions to be substantiated with detailed reasoning. The absence of justification in medical assessments can invalidate decisions denying pension benefits, ....
The absence of adequate reasoning by the Medical Board regarding disability attribution to military service invalidates denial of pension rights.
The disability pension is contingent upon demonstrable evidence that a disability is attributable to or aggravated by military service, with the medical board's findings being central to determining ....
The Medical Board's opinion on disability attributability must include cogent reasoning, and the burden to prove a causal link lies with the military, not the claimant.
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