Facts
[K.], born in 1961, suffered a traffic accident during a refresher course on October 3, 1984, which led to back problems. The Federal Office for Military Insurance (BAMV) recognized the connection between the complaints and the accident, but rejected the granting of a disability pension, as the occupational impact of the health impairment was only 5.5% and thus below the threshold of 10%. The cantonal insurance court confirmed this rejection.
[K.] then filed an administrative court appeal and requested the granting of an indefinite pension from June 1986 according to a degree of disability to be determined by the court.
Considerations
The Federal Insurance Court overturned the decision of the lower instance and granted [K.] a disability pension for an indefinite period. It stated that the previous case law, according to which no pension is granted for degrees of disability below 10%, is not tenable in the field of military insurance.
The court made it clear that in military insurance law, even in the case of earnings losses of less than 10%, an examination must be made in the individual case as to whether a real…