The Delhi High Court has recently ruled that hypertension, often considered a lifestyle disorder, cannot be a sufficient reason to deny disability pension to retired armed forces personnel. The court's decision came in response to a case involving an Indian Air Force (IAF) personnel whose pension was challenged by the Union of India.
The High Court emphasized that unless a Medical Board has thoroughly examined and proven that the ailment is not service-related, disability pension cannot be denied. The court further added that if a military officer is deemed fit upon joining service, any disability that arises later is presumed to be connected to their service.
This ruling underscores the importance of comprehensive medical evaluations when determining disability pensions for military personnel. It ensures that lifestyle-related ailments, such as hypertension, are not automatically dismissed as grounds for denying benefits without proper investigation into their potential connection to military service.
For veterans seeking disability benefits for hypertension, the Department of Veterans Affairs (VA) primarily assesses the severity of hypertension based on diastolic blood pressure, but also considers systolic pressure. A diastolic pressure of 130 or higher may result in a 60% disability rating. Ratings decrease for lower diastolic pressures. It is important to have consistent blood pressure readings over time to accurately show the predominant level.
Notably, hypertension is on the VA's presumptive list. This means that if hypertension is diagnosed within one year of discharge, it is presumed to be related to military service, making the veteran eligible for disability benefits. Furthermore, veterans exposed to Agent Orange are now recognized to have hypertension as a presumptive condition under the PACT Act. For Gulf War veterans, hypertension can be considered a medically unexplained chronic multi-symptom illness linked to service in the Gulf War region.
This ruling and existing VA guidelines highlight the avenues available for veterans to receive disability benefits for hypertension, particularly when there is evidence suggesting a connection to their military service. The Delhi High Court's stance reinforces the need for fair and thorough evaluation processes to ensure that military personnel receive the benefits they are entitled to, preventing blanket dismissals based solely on the nature of the illness.
