Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context | Oireachtas source

197. To ask the Minister for Defence if he will take steps to have a comprehensive investigation on behalf of a person (details supplied) in County Westmeath, on whose behalf correspondence was furnished on 6 February 2015 to his Department; if, in that context, he will set up the appropriate interview with the applicant in order to explore fully and comprehensively the situation that has arisen for this person, and to ensure that this person now receives the appropriate and proper entitlements arising therefrom; and if he will make a statement on the matter. [16845/15]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There are several conditions that require to be satisfied for a person to be extended in service, one of which is that a certain minimum standard of physical/medical fitness is required.

The military authorities have advised me that the person in question was found to be Medical Category ‘E’ by a Medical Board in July 1990 and therefore not recommended to be extended in service. His Commanding Officer subsequently initiated his discharge on the basis of ‘Below Army Physical Standards’ in accordance with Defence Force Regulations (DFR) A10 and A12. The person concerned appealed the findings of the Board but the Director Medical Corps upheld the Board’s decision on 21 September 1990.

It is clear from the records that the person concerned was discharged from the Defence Forces on 28 September 1990 in accordance with regulations.  Although the application for discharge form, AF 97B, was not signed by the Officer in Charge of Records, his discharge is not in doubt.

Under the Army Pensions Acts 1923-1980 a disability pension or gratuity may, following retirement, be granted to a former member of the Permanent Defence Force (PDF) for permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or to a disease attributable to, or aggravated by, overseas service with a United Nations Force.

The award of a disability pension or gratuity depends on the findings of the Army Pensions Board, the independent statutory body appointed to adjudicate on applications. The rate of disability pension depends on the degree of disablement as assessed by that Board.

It is important to notethat discharge from the Defence Forces on medical grounds does not give an automatic entitlement to a disability pension.

The person in question applied for a disability pension in April 1991. The Army Pensions Board considered his case and reported in February 1992 that his condition was not attributable to his service. Consequently, he could not be granted a disability pension.  His case was examined on a number of occasions since by the Army Pensions Board but the Board did not alter its original findings.

If the person concerned is in possession of any additional medical evidence that his medical condition is directly attributable to his military service he should submit this to the Army Pensions Board for their consideration. I should mention that the person in question is in receipt of a modified service pension by virtue of having been discharged on medical grounds.

In these circumstances I do not see any merit in the proposed interview.