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Should persons with disabilities undergo a medical examination and carry a military ID?

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Borevych Mariia
Lawyer
Ukraine / Kyiv
Borevych Mariia

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Publication date: 21.12.2024

I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.

The process of passing the military medical commission (VLK) for persons with disabilities has its own characteristics, depending on the type of disability, the availability of medical reports and other factors. Persons with disabilities are not always required to pass the VLK if their disability is recorded and recognized, and if it is a basis for exemption from military service. If a person has a third group of disability that is not related to military duties or does not interfere with the performance of duties, he may be exempted from military service or passing the VLK.

 

Question

How is the VLK for persons with disabilities?

Answer

If a person with a disability is subject to a medical examination at the VLK, the commission will consider his state of health, as well as the severity and type of disability. The VLK will determine the person's suitability for service or send him for a deferment or discharge from military service due to health reasons. If the disability is a result of combat or service-related injuries, the person may receive a deferment or discharge from service without additional examinations.

The VLK process for disabled persons not eligible for service:

  • Persons with disabilities who are not eligible for service due to their health condition (especially due to a disability resulting from combat) may be exempted from passing the VLK or receive a deferment.
  • To do this, the VLK usually requires a certificate from the MSEK (Medical and Social Expert Commission) confirming the disability and the established level of work capacity.
  • After passing the VLK, persons with disabilities are exempted from military duty if they are not eligible for service.

 

If a person with a disability disagrees with the decision of the Military Medical Commission or believes that their condition has not been properly assessed, they have the right to appeal the decision of the Military Medical Commission through a court or seek advice from a lawyer. If the disability is a consequence of hostilities, but the person does not believe that they were discharged on due grounds, this issue can also be appealed. 

 

It is important to have medical reports confirming the disability or the presence of chronic diseases, documents confirming the cause of the disability (if it is the result of injuries received during military service). If you have doubts about passing the Military Medical Commission or have questions about the rights of persons with disabilities, seek advice from a military lawyer specializing in issues of discharge from service or passing medical commissions. They will help you correctly formulate your requirements, prepare documents and ensure the protection of your rights.

 

Persons with disabilities may have certain restrictions or privileges regarding medical examinations and military registration, depending on the specific circumstances:

  1. A medical examination for persons with disabilities is conducted within the framework of a medical and social expert commission (MSEC) or a military medical commission (VLK), depending on the situation.
  2. If a person with a disability is not subject to mobilization (for example, due to health reasons), he may be exempted from undergoing a medical examination to determine his suitability for military service.
  3. According to the legislation of Ukraine, if a person has a disability, this may affect his military registration. In particular, persons with disabilities may be recognized as unprepared for military service or mobilization.

Persons with disabilities must also be registered with the military if they do not have documents that would exempt them from this requirement. A military ID card can be issued or renewed for persons with disabilities if they are recognized as liable for military service. If a person is exempted from service due to disability, the military ID card will indicate that he is not subject to service. Military registration in the CCC for persons with disabilities can be issued at the place of residence if the person does not have a deferment or exemption.

 

Question

What to do in case of violation of duty?

Answer

If a person with disabilities has documents confirming his exemption from service (for example, a conclusion from the MSEK or VLK), then he does not need to undergo additional medical examinations.

In case of doubts or problems with registration or military documents (for example, unfair classification as military conscripts), mandatory medical examinations or the need to carry a military document due to disability, I recommend seeking advice from an attorney or lawyer specializing in military law. A military lawyer from the “Consultant” service can be an indispensable assistant in complex and bureaucratically confusing issues related to military registration documents (VOD) and passing a military medical commission (VLK).

 

Below are the main services of a military lawyer provided by the legal service “Consultant”:

  • Assistance in the registration of military registration documents (VOD), if you are registering military registration documents for the first time.
  • Consultation: clarification of the procedure for registering VOD and support at each stage, verification of the completeness and correctness of existing documents, preparation and submission of documents to the CCC and the SP (military registration board).
  • Appealing actions or inaction: protecting your rights in the event of refusal or delay in issuing documents, protecting your interests during personal interaction with representatives of military authorities.
  • Preparation for the VLK: assistance in collecting medical documents, preparing certificates, medical conclusions and applications, protecting your rights during interaction with the commission.
  • Appealing the VLK conclusion: drafting and submitting an appeal to a higher VLK or court, assistance in establishing a causal connection between the injury/illness and the performance of military duties.
  • Re-passing the VLK: organizing the re-examination process in case of an unsatisfactory decision.

 

Typical situations in which a lawyer's help is required:

Recognition of fitness for service despite health condition, delay or refusal to issue a military ID.

 

Establishing a causal connection between an injury, wound or disability and military service.

 

Problems with confirming disability or the right to special registration and drawing up documents for discharge from service due to health condition.

Conclusion

A lawyer provides legal protection for your rights and legitimate interests. You avoid possible errors in documents that can lead to delays or refusal. The risk of receiving an unfair decision by the VLK or the CCC and SP is reduced. You save time and nerves, because the lawyer takes on all bureaucratic issues.

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