Service members are presumed to be in sound health at entry, and any subsequent disabilities are generally attributed to military service unless proven otherwise.

2. The issue is covered by a recent decision rendered by us in UOI v Ex Sub Gawas Anil Madso4.

3. Nonetheless, we have heard Ms. Pushti Gupta, learned SPC for the petitioners, and have perused the record.

4. The respondent was released in Low Medical Category on his being found to be suffering from CAD and PIVD. From the record, including the proceedings of the Release Medical Board5, the following facts emerged:

(i) The respondent had served in the Army for over 34 years before he was diagnosed as suffering from CAD and PIVD.

(ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CAD and PIVD prior to joining the Army. The declaration reads thus:

3. Did you suffer from any disability before joining the Armed Forces? If so, give details and dates. NO

The correctness of this declaration is not doubted either by the RMB or by the petitioner before the AFT or before this Court.

(iii) The reason regarding the CAD suffered by the respondent has not been attributable to military service, as entered by the RMB reads thus:

“CAD: Constitutional in Nature”

(iv) We have already held, in our judgment in Gawas Anil Madso, that where the applicant was not suffering from the ailment at the time of entry into service, the RMB is required to positively identify the cause for the ailment, to justify a finding that it is not attributable to military service. The Commanding Officer’s certificate specifically states that the respondent was not responsible, owing to any act or omission of his, for the ailment from which he was suffering. The entry in that regard reads as under:

5(a) Was the disability attributable to the individual’s own negligence or misconduct? If Yes, in what way? NO, N/A

(v) Regarding para 47 of Chapter VI of the GMO 2008, we have, in our judgment in Union of India v. Dharmendra Prasad6 observed thus:

“10.2 We have seen para 47 of the 2008 Guidelines, which read as under:—

47. Ischaemic Heart Disease (IHD). IHD is a spectrum of clinical disorders which includes asymptomatic IHD, chronic stable angina, unstable angina, acute myocardial infarction and sudden cardiac death (SCD) occurring as a result of the process of atherosclerosis. Plaque fissuring and rupture is followed by deposition of thrombus on the atheromatous plaque and a variable degree of occlusion of the coronary artery. A total occlusion results in myocardial infarction in the territory of the artery occluded. Prolonged stress and strain hastens atherosclerosis by triggering of neurohormonal mechanism and autonomic storms. It is now well established that autonomic nervous system disturbances precipitated by emotions, stress and strain, through the agency of catecholamines affect the lipid response, blood pressure, increased platelet aggregation, heart rate and produce ECG abnormality and arrhythmias.

The service in field and high altitude areas apart from physical hardship imposes considerable mental stress of solitude and separation from family leaving the individual tense and anxious as quite often separation entails running of separate establishment, financial crisis, disturbance of child education and lack of security for family. Apart from this, compulsory group living restricts his freedom of activity. These factors jointly and severally can become a chronic source of mental stress and strain precipitating an attack of IHD. IHD arising in while serving in Field area/HAA/CI Ops area or during OPS in an indl who was previously in SHAPE-I will be considered as attributable to mil service.

Entitlement in Ischemic heart disease will