Direct answer

There is no universal yes-or-no answer for an assessment below 20 percent. Medical invalidment, ordinary retirement, the applicable policy date and the distinction between disability element and other pension entitlements must first be identified.

Legal position and important distinctions

An eligibility threshold and broad banding used to calculate a pension are separate questions. Entitlement must be established before selecting a calculation band. The clinical assessment cannot simply be rewritten as 50 percent. Historical invalidment policies, exclusions affecting older cases and the relevant category in the clarification of 27 December 2023 require individual examination.

Separate three decisions

Diagnosis, the assessed impairment percentage and legal entitlement to pension are different enquiries. Identify which board or authority decides each question. A supporting medical certificate is not final pension sanction. Likewise, a low medical category does not necessarily establish permanent incapacity or inability to undertake civil employment.

Prepare an evidence-based appeal

Date enrolment, first diagnosis, treatment, boards, discharge and rejection. Link every disputed finding to a specific annexure and page. Where ER 2023 applies, examine the six-month first and second pension-appeal provisions from the relevant rejection or sanction letter. Administrative time-bar provisions and judicial condonation before the AFT are distinct. An RTI request or reminder should not cause the original deadline to be missed.

Choose the correct relief

Depending on the defect, seek recognition of entitlement, correct classification, fresh medical consideration, a corrigendum PPO or calculation correction. Reassessment and payment sanction are not necessarily the same decision. Explain the arrears period and interest basis separately.

Practical steps

1. Confirm whether discharge was medical invalidment or completion of engagement.
2. Match the policy period with the board’s percentage and duration.
3. Prepare separate grounds for entitlement and assessment disputes.

Documents to collect

• Medical assessment and duration
• Category of discharge
• Applicable policy and pension decision

Hypothetical illustration

One person retires normally with a 15 percent assessment and another is medically invalided with the same figure. Their files cannot be treated as legally identical.

Avoid this mistake

Keep the evidentiary challenge to the assessed percentage separate from the legal argument about pension eligibility.

Official sources

• DESW order dated 27 December 2023 — rounding off and broad banding
• Union of India v. Sgt Girish Kumar, 2026 INSC 149, 12 February 2026 — particularly paragraphs 15–23
• DESW — types of defence pension; invalid-pension policy clarification
• Armed Forces Tribunal Act, 2007 — sections 2, 3(o), 14–15, 19, 21–24, 29–32

Legal disclaimer

This article provides general legal information and the author’s general analysis, not individual legal advice. Reading it does not create an advocate–client relationship or guarantee an outcome. Rules, policies and judgments can change. Before acting, obtain qualified advice on your documents, applicable dates, jurisdiction and time limits.

Source check: 1 November 2026.