Section 40 in The Navy (Pension) Regulations, 1964
40. Period for grant of disability pension when the invaliding disability is incapable to improvement.
(1)If the disability is certified on the basis of invaliding or a resurvey medical board, to be incapable of improvement, disability pension shall be granted for a period of ten years in the first instance. During this period the pensioner will have a right to claim re-assessment of his pension on the basis of aggravation, if any. Where the pension is modified as a result of re-assessment, the pension shall again be granted for a period of ten years from the date of the revised award provided the disability is still regarded as incapable of improvement. Each successive assessment at a higher or lower level will be for a period of ten years during which the pensioner will be given one opportunity to have his pension re-assessed on the basis of further aggravation.] [Substituted by S.R.O. 309, dated 5th September, 1974[](2)When the percentage of disablement has remained unmodified for ten years, the pensioner shall be brought before a re-survey medical board at the end of ten years and in the event of the disability still being regarded by the pension sanctioning authority as incapable of improvement, his pension shall be sanctioned for life. Thereafter, no revision of pension will be admissible.(3)In cases where the invaliding disability is loss of limb(s), total loss of sight, loss if one eye amputation etc., and where the question of improvement or worsening of its physical condition does not arise the award shall be sanctioned for life."40-A Period of grant of disability pension when the invaliding disability is capable of improvement.- When the disability is accepted as capable of improvement, the period of an award calculated with reference to the date of the medical board shall not exceed one year. When the disability is accepted as aggravated by naval service, the duration of the disability element shall be determined with due regard to the provisions contained in Appendix V.)
