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(ii) On resurvey of disability after discharge from service :
The whole of the disablement then caused by the disability, less the following :-
(1) The part due to non-service factors, such as individual's habits, occupation in civil life, accident after discharge, climatic environment after discharge;

WP(C) No.3173/2023 along with connected matters (2) Any worsening due to the natural progress of the disability since discharge, apart from the effect of service. Note: Deduction (1) will be made in all cases; while deduction (2) will apply only in cases where the disability is accepted as aggravated by, but not attributable to, service.

MANIFESTATION OF DISABILITY AFTER RETIREMENT/ DISCHARGE

86. Service personnel who had retired/discharged (otherwise than at his own request or in any of the circumstances specified in Regulation 29 & Regulation 41) on a retiring/service pension/gratuity, but who within a period of 10 years form the date of retirement is found to be suffering from a disease which is accepted as attributable to his military service, be granted in addition to his retiring/service pension/gratuity, a disability element with effect from the date of Review Medical Board constituted by the Director General Armed Forces Medical Services. REFUSAL TO APPEAR BEFORE RESURVEY MEDICAL BOARD.

87. (a) In case a pensioner, who has been asked, to appear before Resurvey Medical Board for assessment of his temporary disability, refuses to do so, the disability element of his disability pension shall be suspended from the date of such refusal. However, he shall continue to draw service element of disability pension.

(b) In case the pensioner, who has been asked to appear before Resurvey Medical Board for re-assessment his disability but fails to respond within the period specified in call letter, he will be deemed to have refused to appear before the Resurvey Medical Board.

WP(C) No.3173/2023 along with connected matters

(c) If a pensioner, who has been deemed to have refused or has refused to appear before Resurvey Medical Board as above, requests later to appear before the Resurvey Medical Board, the disability element, as may be due with reference to degree of disability re-assessed by the Re-Assessment Medical Board, shall be payable from the date of such Re-Assessment Medical Board." Following provisions of 2008, Entitlement Rules would also be relevant and are set out below:-