General presumption is that a member is presumed to be in sound physical and mental condition upon entering service

MILITARY SERVICE: Disability Pension

Disability pension in normal course is to be granted to an individual (i) who is invalidated out of service on account of a disability which is attributable to or aggravated by military service and (ii) who is assessed at 20% or over disability unless otherwise it is specifically provided. A member, who is declared disabled from service, is not required to prove his entitlement of pension and such pensionary benefits to be given more liberally to the claimants. A general presumption is to be drawn that a member is presumed to have been in sound physical and mental condition upon entering service except as to physical disabilities noted or recorded at the time of entrance.

If a person is discharged from service on medical ground for deterioration in his health it is to be presumed that the deterioration in the health has taken place due to service. A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service, if no note of it was made at the time of the individual's acceptance for military service.

Dharamvir Singh v. Union of India, C. A. No. 4949 of 2013; Decided on 2-7-2013 (SC) [A.K. Patnaik and Sudhansu Jyoti Mukhopadhaya, JJ.]

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