Facts
In this case, the issue was whether the Federal Office for Military Insurance (FOMI) could revoke a legally binding disability pension. The complainant had been receiving a 25% disability pension from the military insurance since 1963. The FOMI wanted to revoke the pension, as it was of the opinion that the complainant's state of health no longer justified disability.
The Federal Social Insurance Court rejected the revocation of the pension. It stated that neither a ground for revision under Art. 13 para. 1 MVG nor a significant change in circumstances under Art. 26 para. 1 MVG existed that would have justified the revocation of the pension. A review of the pension decision due to obvious incorrectness was also not an option, as the original granting of the pension had been in line with the administrative practice at the time.
Considerations
The court explained that according to the case law on Art. 26 para. 1 MVG, a disability pension can only be revised if the insured person's state of health has changed significantly or if the occupational effects of the essentially unchanged state of health have changed substantially. In the present case, however, neither a significant improvement in the state of health nor a significant change in the occupational…