Can a Disability Pension Claim Succeed After I Have Left Service?
By Adv. Ramniwas Bansal, Advocate · 15+ years experience
Key Takeaway
Yes. When a Post Discharge Medical Board holds that a disability was aggravated by service and assesses it at 20% or more for life, the authorities cannot reject the claim simply by disagreeing with the medical board. In May 2026 the Armed Forces Tribunal held that a medical opinion can only be displaced by a more competent medical opinion, and granted disability pension broad-banded from 30% to 50%.
Why These Claims Are Often Rejected
Some conditions, such as hearing loss, become apparent or worsen after a person leaves service. Veterans then apply for disability pension through a post-discharge claim. These claims are frequently turned down on the ground that the eligibility conditions for post-discharge claims are not met, even where the medical board has linked the disability to service.
How the Tribunal Decided
In May 2026, the Armed Forces Tribunal, Principal Bench, New Delhi, heard the case of a retired Army officer who developed severe hearing loss. The Post Discharge Medical Board had recorded that his duties involved exposure to loud noise from operational firing during IPKF service, assessed the disability at 30% for life, and held it aggravated by service. The claim was nevertheless rejected. The Tribunal held that the medical board had clearly stated the cause and onset of the disability, and that neither the pension-sanctioning authority nor any administrative authority could refute that medical opinion without a more competent medical opinion. It directed that the disability element be granted at 30%, broad-banded to 50%, from the date of the medical board, and condoned the delay in filing.
What This Means for Your Pension
If your medical board has held your disability attributable to or aggravated by service, a rejection by the pension authorities is not the final word. The Tribunal looks closely at what the medical board actually recorded.
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.