Facts
Hans M. receives a disability pension from the Military Insurance Fund based on a degree of disability of one third. By decision of 28 April 1978, the Military Insurance Fund refused to revise the degree of disability upwards. By letter dated 29 April 1978, it informed its insured that, taking into account the disability insurance (AI) pension due to him, the Military Insurance Fund (CM) pension would be reduced by CHF 607.50 in accordance with Art. 45 InvIA, so that he would only receive CHF 18.45 per month from 1 April 1978 onwards. Hans M. filed a complaint with the Insurance Court of the Canton of Solothurn and requested that his CM pension be paid to him without reduction, i.e. CHF 625.95 per month. However, the Cantonal Insurance Court did not enter into the appeal, considering that it did not target the decision of 28 April 1978, but only the letter of 29 April 1978 concerning the pension reduction, which was merely a preliminary notification within the meaning of Art. 11(5) MilIA and not a decision subject to appeal within the meaning of Art. 12(3) MilIA.Considerations
The Federal Insurance Court considers that the pension reduction within the meaning of Art. 45 InvIA has the character of a decision and must therefore be notified in the form of a decision subject to appeal, in accordance with Art. 5(1) AniWA. However, the special procedural rules of the Military Insurance Fund provide for a "preliminary notification" prior to the formal decision (Art. 11(5) MilIA), which does not constitute a decision subject to appeal.
In the present case, the letter of 29 April 1978 does not correspond to a mere preliminary notification within the meaning of Art. 11(5) MilIA, as it sets a one-month deadline for "any objections to the reduction", which is incompatible with the…