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Publication date: 07.11.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
Medical examination of the VLC for persons with disabilities is a process during which the ability of a person with a disability to perform military service or participate in mobilization is determined. This examination is an important part of medical control for persons subject to registration, in particular for those with a disability status.
The goals of the medical examination of the VLK for persons with disabilities:
- Assessment of the degree of limitation of working capacity: assessment of whether a person with a disability will be able to perform the duties of military service, taking into account his physical or psychological limitations.
- Confirmation of disability and its category: Determining whether a person has an actual disability and what restrictions it imposes on the performance of military duties.
- Determining the possibility of service or exemption from it: On the basis of a medical examination, the VLK makes a decision on fitness for service, postponement of mobilization or exemption from military service due to health.
The procedure for passing a medical examination of the VLK for persons with disabilities:
- Appointment for examination: if a person with a disability is subject to mobilization or has military duty, he is called for a medical examination at the VLK.
- Medical examination: a thorough examination is carried out by doctors of various specialties, such as neurologists, surgeons, therapists, psychiatrists, ophthalmologists, etc. All limitations related to disability are taken into account.
- Documentation: a person with a disability must have all the necessary documents confirming his disability (medical reports, outpatient registration cards, other doctors' opinions).
- Suitability assessment: depending on the results of the review, the VLC can determine the following categories: A, B, C.
- Commission decision: if the health of a person does not allow him to perform military duties, a decision may be made to exempt him from military registration or grant a deferment.
- Appealing the decision of the Military Registration Commission: if the decision of the Military Registration Commission does not satisfy the disabled person (for example, a decision on unfitness for service), he has the right: to appeal the decision of the commission through a higher medical commission. To appeal in court if he believes that the decision of the Military Registration Commission does not correspond to his real state of health.
It is important to know that a repeated medical examination in such situations may be initiated by the military commissariat (MCC) to clarify your status and possibilities of performing military service or being in the reserve. Since the medical condition of a disabled person may change, the mobilization authorities may require confirmation through a medical examination.
For disabled persons, the presence of a military registration document (for example, a military card or a temporary document) is mandatory. This allows you to confirm your status as a person who has obligations to the state regarding military registration. If necessary, obtain a deferment or exemption from service, if your health or disability allows it. If you do not have a military registration document, you may need one in order to be officially enrolled in the registry or exempted from service due to health.
Question
When do a medical examination and a military document become necessary?
Answer
If you are a person with a disability of groups 1-2 and are mobilized, you need to undergo a medical examination to confirm or clarify your health status. If you have received a deferment due to a medical condition, you may need to be re-examined to extend the deferment or release from mobilization. If your disability has been established on a permanent basis and you update your information in TCC on time, a medical examination may not be necessary if there is no change in your condition.
Recommendations for persons with disabilities:
Get a medical examination if you received a request or a summons from the TCC to clarify your condition.
If your disability is confirmed by medical documents, this may be grounds for exemption from military service or mobilization, but it is still important to update the information at the TCC.
Make sure your military registration document is up to date to avoid possible problems with military registration or mobilization.
If you have questions about a medical examination or the need for a re-examination, or if you need clarification on your military record, contacting a military attorney can help you get the right advice. A lawyer can help if there are conflicts with the TCC or regarding the proper documentation of your deferment or release from mobilization.
The services of a military lawyer of the legal service "Consultant" can be useful in the following aspects:
- Consultation and preparation of documents: a military lawyer can help to correctly draw up medical documents confirming disability and ensure their submission to the VLK.
- Accompanying a person during a medical examination: a lawyer can accompany a person during a medical examination to protect his rights and ensure a correct assessment of his state of health.
- Appealing the decision: if a person with a disability does not agree with the conclusions of the VLC, the lawyer can file a complaint with a higher medical commission or a court to review the decision.
The services of a military lawyer during the illegal mobilization of persons with disabilities may be necessary to protect the rights of a person who has a disability and who has been illegally mobilized, or to avoid mobilization due to a health condition.
As a military lawyer of the "Consultant" legal service, you can help:
- Appealing mobilization: in the event that a person with a disability was mobilized or was found fit for military service due to a mistake or a violation of the law, a lawyer can file an appeal against the decision of the TCC or VLK.
- Ensuring a proper medical examination: if the medical board did not take into account the state of health of the person, the lawyer can request an additional medical examination or the involvement of independent experts to confirm the diagnosis.
- Legal protection and assistance in legal proceedings: in the case of illegal conscription, a lawyer can file a lawsuit to declare the mobilization illegal or to challenge the refusal to grant a deferral.
A military lawyer can provide advice on the correct preparation of medical documents and statements to confirm the state of health. The lawyer will help to collect the necessary medical reports that can confirm the impossibility of performing military duties due to disability. In case of illegal conscription of a person with a disability or violation of his rights at the mobilization stage, contacting a military lawyer is an important step to ensure a fair trial and protection of human rights.
