Appealing the decision of the military medical commission

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Alekseenko Yaroslav

Lawyer

Ukraine / Poltava Oblast

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Publication date: 16.05.2025

I provide legal assistance in the field of military law and mobilization legislation. I specialize in protecting the rights of conscripts, servicemen and their family members. I help resolve issues related to VLK, EKOPFO (MSEK), mobilization, OGD, payments, UBD status and other legal aspects.

Initial Data:

A servicemember contacted us who had been serving in a combat zone and suffered a serious injury. Following a medical examination, he underwent a military medical commission (MMC), which declared him “fit with minor limitations”, without linking the injury to the fulfillment of military duties. This decision not only hindered proper rehabilitation but also deprived him of the right to additional social guarantees and benefits granted to soldiers wounded during combat missions.

The client believed the MMC decision to be unfair and superficial, as it did not take into account the actual state of health, the documented consequences of the injury, or the circumstances under which it occurred. At the same time, without legal support, challenging such a conclusion seemed unrealistic.

The Problem:

Cases related to challenging MMC decisions are always complex, as they require not only legal analysis but also a deep understanding of medical regulations, the organization of expert reviews, and the administrative subordination procedures of the MMC system.

In our case:

1. the MMC decision contradicted available medical documentation (epicrises, MRIs, examination reports),
2. the injury sustained during a combat mission was not considered,
3. a causal link between the injury and military service was not established,
4. the commission relied on outdated medical findings without conducting a repeat examination.

Legal appeal required:

1. thorough analysis of the medical documents in accordance with Order No. 402 of the Ministry of Defense of Ukraine dated 14.08.2008,
2. correct identification of MMC’s chain of command,
3. knowledge of how to properly submit individual complaints to a higher MMC.

Lawyer’s Actions:

• Conducted a comprehensive analysis of medical records, examination reports, and previous MMC conclusions.
• Identified legal violations made by the commission: vague conclusions, failure to consider combat reports, and improper evaluation of functional limitations.
• Prepared a substantiated complaint to the higher MMC, with references to medical regulations, NATO standards (for combat zone injuries), and precedents from similar cases.
• Provided ongoing legal assistance in correspondence with the MMC and consultations on collecting additional medical documentation.

Result:

After 1.5 months, the higher MMC upheld the complaint of our client. As a result:

1. the previous decision was annulled as inconsistent with the servicemember’s actual health condition,
2. a referral was issued for re-examination by the MMC taking into account the violations identified,
3. the case was reopened for possible recognition of the injury as combat-related,
4. created grounds for obtaining compensation, lump-sum benefits, rehabilitation, and state-guaranteed privileges.

Timeframe for Resolution: approximately 1.5 months from the date the complaint was filed.