Adjudication of
Disability Pension Claims
Findings of medical board regarding atributability /aggravation and adjudication of disability pension claims due to injury/disease are now regulated under Govt. of India MOD No. 1(2) /2002/D(Pen-C) dated 01.09.2005 & 31.05.2006 as under:
(i) Injury Cases
Decision regarding attributability/ aggravation in injury cases would be taken by OIC , Records in Army, navy and Air Force.
The assessment with regard to percentage of disability as recommended by the Invaliding/ Release Medical Board as approved by next higher medical authority would be treated as final unless the individual himself requests for a review. the approving authorities i.e., O I/C Records can also get the individual re-examined by a Review Medical Board, in consultation with DGAFMS, if in their opinion the assessment of percentage of disability made be IMB/RMB is abnormally high or low.
Approving Authority for Medical Board
Medical Board proceedings in respect of PBOR will be approved by the next higher medical authority than the one which constituted the Board. Hence approving authority will judiciously examine the percentage of disability recommended by Medical Boards before approval. In case, approving authority feels that the assessment is abnormally high or low, approving authority will refer the proceedings back to the medical Board for necessary rectification. If required, he may physically examine the individual or get his re-examination to arrive at the correct decision.
(ii) Disease Cases
Attributability/aggravation in respect of cases of invalidment arising from various diseases shall be taken by OIC , Records in Army, navy and Air Force in case of doubt, the case will be referred to DGAFMS for advice. The assessment and the period of assessment with regard to percentage of disability as recommended by the IMB/RMB and as approved by next higher medical authority in respect PBOR would be treated as final, unless the individual himself requests for a review, except in cases of diseases which are not of permanent nature or approving authority have any doubt. In both the cases the individual will be examined by a Review Medical Board to be constituted by DGAFMS. The opinion of the Review Medical Board will be final.
(a) Where disability is permanent in nature
The assessment with regard to percentage of disability as recommended by the IMB/RMB and as approved by next higher medical authority in respect PBOR would be treated as final and for life unless the individual himself requests for a review, except in cases of diseases which are not of permanent nature.
(b) Where disability is not permanent in nature
Initial assessment will be made for specified time frame. The individual will be assessed to report for a review after specified time frame. Assessment made by Reassessment Medical Board during this review will be final and for life unless the individual himself seeks for review. This review will be carried out by a Review Medical Board constituted by DGAFMS and percentage of disability assessed by Review Medical Board will be final.
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