Summary
A soldier invalided with schizophrenia sought disability pension because no disorder had been recorded at enrolment. The Court declined to apply that presumption mechanically. On the service record, duties and reasoned medical assessment, no connection with military conditions or basis for a review board was established, and denial of pension was upheld.
Issues
- Whether absence of a recorded mental disorder at enrolment established service attribution or aggravation on these facts.
Provisions considered
- Rule 14, as amended in 1996, Entitlement Rules for Casualty Pensionary Awards, 1982The Court applied the amended conditions concerning service causation or aggravation and considered Rule 14(d) applicable to the claim. (¶¶ 10, 20)
Held
- Mental disorders with intervals of normality may escape enrolment examination. Absence of a note at recruitment did not, by itself, establish that this soldier’s schizophrenia was attributable to or aggravated by military service; the particular duties and service conditions required examination. (¶¶ 15, 16, 17, 18, 20)
- The soldier served as a vehicle mechanic at peace stations and reported no service incident causing or worsening the condition; his commanding officer reported no exceptional stress. The nature and location of duty did not establish the claimed service connection. (¶¶ 3, 19, 20)
- Medical-board opinions remain subject to judicial review, but a fresh assessment requires a sufficient basis to doubt the expert conclusion. Unlike the cited case warranting reassessment, no infirmity or contrary medical material justified a review board here. (¶¶ 12, 13, 14, 21)
Result
The appeal was dismissed, maintaining rejection of the disability-pension claim.