Can a Soldier Get a Higher Disability Percentage Than What the Medical Board Assessed?
By Adv. Ramniwas Bansal, Advocate · 15+ years experience
Key Takeaway
Yes. The Armed Forces Tribunal regularly directs broad banding — reclassification of disability from a lower percentage slab to a higher one — when the medical board assessment is found to be inadequate, arbitrary, or not in line with the applicable guidelines. This directly increases the disability pension amount.
What Is Broad Banding?
Broad banding is the reclassification of a disability from one percentage slab to a higher one. Disability pension is calculated based on the percentage assessed by the medical board — for example, 20%, 50%, or 75%. If the assessed percentage is too low for the actual severity of the disability, the Tribunal can direct that it be reassessed or reclassified to a higher slab. This has a direct impact on the monthly pension amount.
Why Medical Board Assessments Are Often Challenged
Medical board assessments are frequently challenged before the AFT because: (1) the board may not have had complete medical records, (2) the assessment may not follow the guidelines laid down in the relevant disability pension manuals, (3) the board may have underestimated the severity of the condition, (4) the assessment may not reflect the functional limitation experienced by the soldier, or (5) the board may have applied the wrong criteria for the type of disability. The Tribunal examines the medical evidence and applicable guidelines to determine the correct assessment.
How the Tribunal Decides
The AFT considers the medical evidence, the applicable guidelines (such as the Guide to Medical Officers for evaluation of disabilities), and the functional impact of the disability. In many cases, the Tribunal finds that the medical board applied a lower slab without proper justification and directs reassessment or directly orders reclassification to the appropriate higher slab. The Tribunal may also direct the grant of arrears from the date the disability was first assessed.
What This Means for Your Pension
Broad banding from a lower to a higher slab can significantly increase your monthly disability pension. For example, moving from 20% to 50% or from 50% to 75% results in a substantially higher pension amount. If you believe your disability was assessed too low, it is worth having your case reviewed. The Tribunal has granted broad banding in a large number of cases, and arrears can be substantial.
Adv. Ramniwas Bansal is a advocate with 15+ years experience practising before the Armed Forces Tribunal, Principal Bench, New Delhi and Delhi High Court. For a consultation on your case, call +91 9810430799 or request a consultation.