Disability Pension For Armed Forces: Defence Ministry's New Rules Draw Flak From Military Veterans

In a move that has drawn ire from veterans, the Ministry of Defence (MoD) has implemented new entitlement rules (ER) governing disability pensions for military personnel.

These rules include stricter provisions and the introduction of an 'impairment relief' (IR) to replace the 'disability element'. The IR covers lifestyle diseases such as hypertension and diabetes.

The decision follows a request from the Comptroller and Auditor General (CAG) earlier this year for the ministry to assess disability rates among soldiers.

The CAG's report revealed that nearly 40 per cent of officers and 18 per cent of personnel below officer rank (PBOR) retiring annually were receiving disability pensions.

The 'Casualty Pension and Disability Compensation Awards to Armed Forces Personnel' outlines the conditions for awarding death/disability compensation to military personnel, effective from 21 September 2023.

However, the new rules have faced criticism from veterans and veterans' organisations, who allege that the changes aim to reduce disability pensions.

The Integrated Defence Staff (IDS) of the armed forces defended the new rules, stating that they incorporate recommendations from a study group. This group included members from the Indian Army, Indian Navy, Indian Air Force, Department of Ex-Servicemen Welfare, and MoD (Finance).

It states that the changes do not alter the nature or extent of death/disability compensation awarded to eligible personnel. The rules have a prospective effect and aim to safeguard the interests of soldiers, veterans, and widows.

The new IR is defined as a monthly disability compensation, calculated as a defined percentage of the last reckonable emoluments.

It is awarded to armed forces personnel retired or discharged with a disability sustained under accepted Category B or C circumstances, assessed at not less than 20 per cent. It replaces the term 'disability element' but ceases upon the recipient's demise.

However, veterans have raised concerns about discrepancies in the new rules. They point out that under the new rules, the widow of a soldier who dies from conditions like sudden cardiac arrest or stroke caused by hypertension during counter-insurgency duties in Srinagar may not be entitled to special family pension.

Additionally, soldiers surviving such incidents may not receive disability pension.

Colonel Amit Kumar (retd), military veteran noted that several disabilities previously attributed to 'stress and strain of military service' no longer qualify.

This includes cases where disabilities are aggravated by stress and strain during military service. The disability percentage for hypertension due to service-related stress and strain has been reduced from 30 per cent to 5 per cent, falling below the minimum required figure of 20 per cent for disability benefits.

“Earlier, all such disabilities were listed as affected by ‘stress and strain of military service’. Only cases in high altitude area would now get the benefit," Colonel Kumar said.

The Supreme Court has previously ruled that the place of posting should not affect disability and death benefits.

The CAG's report highlighted that a significant percentage of disability pensions were granted for lifestyle diseases. It recommended maintaining a comprehensive database to analyse the main reasons for disability, including lifestyle diseases, among the armed forces, for potential corrective action.

Previously, a Director-General of Armed Forces Medical Services had expressed alarm at the rising trend of disability pension claims among senior officers of the rank of Lieutenant-General and Major-General.

The new rules aim to address these concerns and provide clarity on disability compensation for military personnel.