Cancer from exposure to radiation detected after discharge attributable to military service, rules AFT

Vijay Mohan

Chandigarh, November 17

The Armed Forces Tribunal (AFT) has held that manifestation of cancer due to exposure to radar radiation detected after discharge from service entitles an individual to disability benefits if it is medically established that the disability began or existed before release from service.

Allowing the petition of a Navy Lieutenant Commander who was diagnosed with cancer soon after discharge, the Tribunal held that exposure to direct radiation could be one of the potent reasons for development of such diseases which probably could not be detected in the release medical board, and directed the military authorities to hold a re-survey medical board.

He was released from service in January 2019 after rendering 14 years’ service. In August 2019, he was found to be suffering from stage-4 non-hodgkin lymphoma (DLBCL) and in May 2021 he was found to be suffering from polycythemia for which he underwent chemotherapy from September 2020 to December 2020.

In December 2020, he submitted an appeal to the military authorities for allowing him to undergo medical treatment and conduct his re-survey medical board, which was turned down in June 2021.

He averred that while in service, he suffered from gall bladder stone and cholelithiasis, which were treated through surgery in 2011 and 2017. He further submitted that during the course of his career, due to service conditions, he was exposed to direct radar radiation which resulted in development of DLBCL and polycythemia, which manifested after discharge from service.

He contended that these disabilities had developed while he was in service but sincethese could not be detectedduringtherelease medicalboard, he was discharged from servicein the normalmedical category.

He claimed that the diseases are attributable to military service as there is a causal connection of the diseases with military service as he was in direct exposure of radiation while on warships.

The Tribunal’s Bench comprising Justice Anil Kumar and Maj Gen Sanjay Singh, observed that Rule 8 (a) of Entitlement Rules-2008 says that cases in which a disease was not present at the time of individual’s discharge from service but arose within seven years thereafter, may be recognized as attributable to military service if it can be established by the medical authority that disability was existing prior to discharge and it manifested post discharge.

“On perusal of the hospital’s report, we find that the applicant is suffering from stage-4 DLBCL and is undergoing treatment continuously for long term survival. As per Ministry of Defence letter dated 12.06.2014, service personnel, who had retired/discharged within seven years from the date of retirement, are eligible for grant of disability element of pension even after retirement/discharge, if the disability is found to be attributable to military service,” the Bench said.

“In view of the hospital’s report and the fact that applicant underwent chemotherapy, we find justifiable medical evidence to establish that the disease is a delayed manifestation of a condition that existed prior to his discharge,” the Bench ruled.