In Brief
A soldier invalided out of military service for generalized tonic clonic seizure (epilepsy) sought disability pension. The Armed Forces Tribunal dismissed his claim because his disability was assessed below 20%. The Supreme Court held that the burden of proving a disease is not service-attributable rests entirely on the employer. When a member is discharged on medical grounds and no disease was noted at entry, it must be presumed the disease arose from service. Any disability for which a member is invalided out must be assumed above 20% and attracts 50% disability pension. The Court allowed the appeal, directing payment of disability element at 50% with arrears and interest.
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