An individual wo is discharged from service, otherwise than at his own request, with a pension or gratuity, but who, within a period of seven years from the date of discharge is found to be suffering from a disease which is accepted as attributable to service may, at the discretion of the competent authority, be granted in addition to his pension or gratuity, a disability element at the rate appropriate to the accepted degree of disablement and the substantive rank last held, with effect from such date as may be decided upon by the competent authority in the circumstances of the case.
2[105.A. Reassessment of the disability which is permanently below 20 per cent at the time invaliding. – In cases where an individual‟s disability or its aggravation at the time of invaliding is permanently below pensionable degree, he may claim to be brought before a medical board of seven years from the date of his discharge. If the disability is still assessed as permanent below the pensionable degree, no claim for re-assessment shall be considered.
105-B. disability at the time of discharge. – (1) A sailor, who is discharged from service after he has completed that period of his engagement and is, at the time of discharge found to be suffering from a disability attributable to or aggravated by naval service may at the discretion of the competent authority be granted in addition to the service pension admissible, a disability element as if he has been discharged on account of that disability.
(2) The disability element of pension will be assessed on the accepted degree of disablement at the time of retirement or discharge on the basis of the rank held on the date on which they would or injury was sustained or in case of a disease on the date of the first removal from duty on account of that disease.
(3) The provisions in sub-regulations (1) and (2) shall also apply to sailors discharged from service on completion of the period of their engagement and who have earned only a service gratuity.