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Whether a person with a disability needs to undergo an HCPC

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Publication date: 07.02.2025

Does a person with a disability need to undergo a military medical commission (VLC)?

According to Article 11 of the Law of Ukraine "On Mobilization Preparation and Mobilization," individuals with disabilities of any group are not subject to conscription for military service during mobilization. This means that people with disabilities are entitled to a deferral from the medical examination within the framework of the military medical commission (VLC). However, it is important to understand that this deferral does not automatically exclude them from military registration. In certain cases, VLC may make a decision that allows a person with a disability to be deemed fit for service in non-combat units.

What should you know about undergoing VLC for people with disabilities?

The procedure for undergoing VLC for individuals with disabilities involves several stages and has its own peculiarities. Since the legislation of Ukraine regulates issues related to mobilization and military service, it is important to understand in which cases a person with a disability may be involved in service, even if they are usually exempt from conscription.

Stages of undergoing VLC for individuals with disabilities

  • Submission of medical documents confirming the presence of disability.
  • Undergoing a medical examination where physical condition and ability to perform duties are assessed.
  • Assessment of the ability to serve in non-combat units of the Ukrainian Armed Forces.
  • Obtaining the appropriate conclusion from VLC, confirming whether the person is subject to mobilization or entitled to a deferral.

Why is it important for people with disabilities to undergo VLC?

The VLC procedure is important because it determines whether a person with a disability can perform certain duties in the Ukrainian Armed Forces. If the person is capable of serving in non-combat units or in other positions not directly related to combat activities, this allows them to contribute to the country during these challenging times. Additionally, undergoing VLC helps avoid potential misunderstandings about your status during mobilization.

What options may VLC offer?

  • Exemption from service based on medical grounds.
  • Assignment to service in non-combat units, where physical load will be minimal.
  • Deferral from mobilization with subsequent medical examination after a certain period.

What to do if you were denied at VLC?

If you were denied at VLC or disagree with the commission's conclusions, you have the right to appeal this decision. You can file an appeal with the court or submit a repeated request to the military commissariat for a review of the medical examination results.

Steps for appealing VLC results:

  1. Appeal to the higher authority of VLC for a review of the decision.
  2. Collect and submit additional medical certificates and conclusions confirming your condition.
  3. File a lawsuit in case of refusal to review the decision.

Questions and Answers

Question

Can I be called up for the army if I have a 2nd group disability?

Answer

If you have a 2nd group disability, you are not subject to conscription during mobilization. However, VLC may determine that you are fit for service in non-combat units, so it is important to undergo a medical examination and obtain the appropriate conclusion.

Question

If I was denied at VLC, can I appeal the decision?

Answer

Yes, you have the right to appeal the VLC decision. You can appeal to a higher authority or to the court if you believe the commission's conclusions were incorrect.

How can lawyers assist during VLC?

Legal consultation: Explanation of rights and obligations during VLC, assistance in preparing for the medical examination.

Document preparation: Assistance in gathering necessary medical certificates and documents for appealing the denial to undergo VLC.

Representation in court: Legal support in case of the need to appeal VLC results or medical examination conclusions.

Conclusion

The VLC procedure for individuals with disabilities is an important step in determining their fitness for service or eligibility for deferral. It is necessary to undergo a medical examination to determine whether the individual can perform duties in non-combat units. In case of denial of passing VLC or doubts about the results, it is recommended to consult lawyers for further appeal.

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