Facts
The case concerns an insured person ([S.]) who had suffered a disc herniation and claimed an invalidity pension and a retraining pension from the Military Insurance. The Federal Office for Military Insurance (FOMI) granted a partial federal liability of 50% for the disc herniation, but rejected federal liability for fatigue and concentration disorders.
[S.] filed a complaint against the decision of the FOMI, as he claimed 100% federal liability for all consequences. The Administrative Court of the Canton of Bern dismissed the complaint, whereupon [S.] filed an administrative court appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court states that in the present case the new law (revised Military Insurance Act) is applicable, as until the entry into force of the revised law, only the proposal for the enactment, but not the issuance of a decision, had been made.
Regarding the federal liability, the Court confirms the decision of the lower instance. It clarifies that the operative parts 1 and 2 of the objection decision have only a declaratory character, as the FOMI has directly specified and awarded the benefits in the operative parts 3 ff. The only admissible subject of appeal is therefore the reduction of benefits, not the determination of individual reduction rates.
The Court considers the 50% federal liability to be appropriate, as even assuming a causal link between the alleged impairments (fatigue, concentration disorders) and the accident event, a…