Summary
The Supreme Court allowed a prematurely retired officer’s disability-pension claim under the Government order of 19 May 2017 extending the benefit to qualifying pre-2006 retirees. His permanent 30% hypertension disability was aggravated by military service, and his statement that he had taken no lump-sum compensation was accepted. Eligibility under the order was assessed with effect from 1 January 2006. Future medical reassessment and discontinuance if disability fell below 20% remained open.
Issues
- Whether the officer satisfied the conditions of the 19 May 2017 order for pre-2006 retirees.
- Which date governed assessment of continuing disability under that order.
- Whether the separate Army Group Insurance disability claim should be decided.
Held
- The 2017 order extended the benefit to pre-2006 personnel retained despite service-attributable or service-aggravated disability, who had foregone lump-sum compensation and continued to suffer the same disability assessed at 20% or more at the effective date. Its effective date was 1 January 2006. (¶¶ 7, 8, 11, 12)
- The Release Medical Board found primary hypertension aggravated by military stress and strain, with permanent 30% disablement. The Court accepted the officer’s statement that he had not received lump-sum compensation and held that he met all three conditions. His claim was to be processed under paragraph 5 of the order. (¶¶ 9, 10, 11, 13, 14, 16)
- The respondents retained liberty to convene a Medical Board for reassessment and to discontinue the claim prospectively if a medical report showed disability below 20%. The allowance was not immune from that review. (¶ 14)
- The Tribunal orders did not show that the separate AGI-disability claim had been pressed, including in review. The Court did not decide that claim, but allowed the officer to seek Tribunal review if it had in fact been pressed and left unconsidered. (¶ 15)
Result
Appeals allowed and Tribunal dismissal/review orders set aside. Respondents directed to process the disability claim under the 19 May 2017 order, with future reassessment liberty; conditional liberty reserved concerning Tribunal review of the AGI claim.