Appealing the Military Medical Commission’s Decision

What is the MMC?

The Military Medical Commission (MMC) is a specialized medical body that examines individuals serving in the military, being drafted, or registered as conscripts. The primary goal of the MMC is to assess health conditions and determine the degree of fitness for military service. The MMC’s activities are regulated by the Regulation on Military Medical Examination in the Armed Forces of Ukraine, approved by Order No. 402 of the Ministry of Defense of Ukraine dated August 14, 2008 (with amendments).

The MMC is divided into several types:

• Permanent MMCs operate at military units, hospitals, and medical institutions of the Ministry of Defense.
• Ad Hoc MMCs are temporarily established for specific tasks, such as during mobilization.
• Regional MMCs function at the regional level and handle more complex cases or appeals.
• Central MMC is the highest authority, reviewing decisions of lower commissions and handling appeals.

During the examination, MMC doctors conduct a medical evaluation, analyze medical documents (discharge summaries, medical reports, test results), perform a physical examination, and apply the Schedule of Diseases, Conditions, and Physical Disabilities (Appendix 1 to Order No. 402). Based on this, a conclusion is made: fit or unfit for military service. The conclusion is recorded in an MMC certificate, an official document that can affect further service, discharge, or eligibility for benefits.

The MMC also determines whether health conditions are related to military service, which is crucial for compensation or social guarantees. Errors in the MMC’s work can have serious consequences, making knowledge of the appeal procedure for MMC conclusions critically important.

What Can Be Appealed at the MMC?

Any MMC decision can be appealed if it violates your rights, does not align with medical facts, or was issued in violation of procedure. The most common cases include:

• Incorrect determination of fitness level. For example, a person is deemed fit for military service despite medical documents indicating conditions that preclude service.
• Violation of medical examination procedures. For instance, the examination was superficial, without involving specialized doctors or additional tests.
• Failure to consider medical documents. The MMC may disregard discharge summaries, consultative opinions, or diagnostic results (MRI, CT, ultrasound).
• Errors in the MMC certificate. For example, incorrect references to the Schedule of Diseases, improperly formulated diagnoses, or conclusions that do not match the health condition.
• Improper application of the Schedule of Diseases. Doctors may select the wrong article or clause, leading to an erroneous conclusion.

Appeals are available to both servicemen and conscripts who underwent MMC examinations during conscription, mobilization, or routine check-ups. For example, if an MMC at a Territorial Recruitment and Social Support Center (TRSSC) issued an unjustified decision, it can be appealed through a regional MMC or an administrative court.

For a successful appeal, it is crucial to have evidence of violations: medical documents, independent medical opinions, and clearly stated grounds. Legal consultation from an MMC lawyer or advocate can assist in this process.

Grounds for Appealing MMC Decisions

To appeal an MMC decision, you need substantial grounds supported by documents and compliant with legislation. According to the Regulation on Military Medical Examination, grounds for appeal may include:

1. Violation of MMC procedures. For example, the examination was conducted without involving necessary specialists, the referral process was not followed, or the examination was superficial.
2. Failure to consider medical documents. If the MMC ignored discharge summaries, medical reports, consultative opinions, or diagnostic results.
3. Incorrect application of the Schedule of Diseases. For example, doctors selected an inappropriate article or clause that does not match the diagnosis.
4. Errors in diagnosis formulation. For instance, the MMC certificate omits certain diagnoses or formulates them incorrectly, affecting the conclusion.
5. Non-compliance with deadlines or other requirements. For example, the MMC decision was issued in violation of established timelines or without proper justification.

An additional ground may be a discrepancy between the MMC’s conclusion and the actual health condition, confirmed by independent medical opinions.

For a successful appeal, it is necessary to collect a complete set of documents: the MMC certificate, discharge summaries, medical reports, test results, and a clear indication of the violations committed. An MMC advocate plays a key role in this process, helping to properly draft the appeal and prepare the evidence base.

Appealing MMC Decisions for Servicemen

Servicemen have the right to appeal MMC decisions if they consider them unjustified. The procedure depends on where the MMC was conducted (military unit, hospital, TRSSC). The main steps for appealing by servicemen, as outlined in Order No. 402, are:

1. Submitting a report. The serviceman submits a report to appeal the MMC decision to the commander of the military unit, specifying the grounds for review.
2. Obtaining a referral. The commander issues a referral to a higher-level MMC (regional or Central).
3. Re-examination. The higher-level MMC reviews the documents, conducts an examination, and issues a new conclusion.

If the regional MMC’s decision is unsatisfactory, you can appeal to the Central MMC or file a lawsuit in an administrative court under the Code of Administrative Procedure of Ukraine. Litigation is a last resort that requires professional legal support from an MMC lawyer.

Servicemen should remember to submit the report promptly and attach all medical documents proving violations. A sample report is available in our CONSULTANT application.

Deadlines for Appealing MMC Decisions

The legislation sets clear deadlines for appealing MMC decisions. According to Order No. 402, a request for review of an MMC decision must be submitted within 10 working days from the date of receiving the MMC certificate. If this deadline is missed, an appeal is possible only with valid reasons (e.g., hospitalization, official travel), supported by documentation.

In case of court appeals, deadlines are regulated by the Code of Administrative Procedure of Ukraine:

• Administrative complaint — 6 months from the date of receiving the MMC decision.
• Lawsuit — 6 months from the moment the individual learned of the violation of their rights.

To avoid missing deadlines, we recommend seeking legal consultation from an MMC advocate as soon as possible. In our CONSULTANT application, you will find document templates to streamline the process.

Procedure for Appealing MMC Decisions

Appealing an MMC decision is a structured process that requires strict adherence to the procedure outlined in Order No. 402. Here are the main steps:

How to Write an Appeal Statement for MMC Decisions

An appeal statement for an MMC decision is an official document submitted to a higher-level MMC (regional or Central) or the commander of a military unit. The statement should include:

• Full name, rank, position (for servicemen) or status (conscript).
• Date of the MMC examination and certificate number.
• Grounds for appeal (procedural violations, ignored documents, errors in applying the Schedule of Diseases).
• List of attached medical documents (discharge summaries, medical reports, test results).
• Request for a re-examination.

A sample appeal statement for MMC decisions can be downloaded from our CONSULTANT application. It also provides templates for other documents needed for appeals.

Report for Appealing MMC Decisions

For servicemen, the primary document is a report for appealing an MMC decision, submitted to the commander of the military unit. The report includes:

• Date and place of submission.
• Full name, rank, position.
• Description of the MMC decision being appealed.
• Arguments for review (referencing medical documents).
• Request for a referral for re-examination.

A sample complaint for an MMC decision is available in the CONSULTANT application, greatly simplifying document preparation.

Correcting Errors in an MMC Certificate

If the MMC certificate contains technical errors (e.g., incorrect reference to the Schedule of Diseases or diagnosis), they can be corrected without a full appeal. To do this:

1. Submit a statement to the MMC that issued the certificate, specifying the error.
2. Attach medical documents confirming the correct diagnosis.
3. The MMC reviews the statement and issues a corrected certificate in accordance with Order No. 402.

Canceling MMC Decisions

Canceling an MMC decision is possible if its illegality is proven. This may involve:

• Procedural violations by the MMC (superficial examination, lack of necessary tests).
• Discrepancy between the conclusion and medical documents.
• Improper application of legislation or the Schedule of Diseases.

Cancellation is carried out by a higher-level MMC or an administrative court in accordance with the Code of Administrative Procedure of Ukraine.

Outcomes of Appealing MMC Decisions

After reviewing the statement or report, the following outcomes are possible:

• Re-examination. A higher-level MMC conducts a new examination and issues a new conclusion.
• Change in fitness level. For example, from “fit” to “unfit for military service.”
• Cancellation of the decision. The previous conclusion is deemed invalid.
• Denial of the appeal. If the MMC finds no violations, you can appeal to the court.

Our Case Studies on Appealing MMC Decisions

Our legal firm CONSULTANT has extensive experience in handling cases related to appealing MMC decisions. Here are examples of successful cases:

• Case 1: Cancellation of an Unjustified MMC Conclusion for an Armed Forces Serviceman

A serviceman of the Armed Forces of Ukraine approached us, believing the MMC decision at his military unit was unlawful. According to him, the commission failed to consider several medical documents and conducted a superficial examination, leading to an incorrect fitness determination.

Our Actions:

Our specialists thoroughly analyzed the MMC certificate and accompanying medical documents. We identified procedural violations and errors in the selection of Schedule of Diseases articles. Our MMC advocate drafted a statement for review and submitted it to the 20th Regional MMC, substantiating the violations.

Result:

The Regional MMC found our arguments valid. The military unit commander was instructed to issue a referral for a re-examination to establish the correct fitness level.

• Case 2: Successful Review of an MMC Decision for a Senior Soldier

A senior soldier of the Armed Forces approached us with a complaint about an biased MMC examination at his military unit. The commission deemed him fit for military service, despite medical documents (discharge summaries, doctor’s opinions, test results) indicating conditions, some of which were related to military service.

Our Actions:

We carefully reviewed the medical documentation and MMC conclusion. It was found that the doctors ignored some documents and incorrectly applied articles 45-b, 23-v, 52-v, 64-v, 83-v of Column I of the Schedule of Diseases. We prepared an appeal statement and submitted it to the 12th Regional MMC, detailing the violations and justifying the need for a re-examination.

Result:

The 12th Regional MMC determined that not all diagnoses were considered, and incorrect articles of the Schedule of Diseases were applied. The senior soldier was scheduled for a re-examination, with instructions to the military unit commander to consider all medical documents and conduct additional tests if necessary.

• Case 3: Cancellation of an MMC Decision at a TRSSC

A conscript mobilized by a district TRSSC approached us with a complaint about a superficial MMC examination. According to him, the doctors ignored medical documents and his health condition, resulting in an incorrect fitness determination.

Our Actions:

Our MMC lawyer, together with a medical expert, analyzed the MMC certificate and case materials. We established that the commission overlooked key medical documents, and the conclusion did not reflect the client’s health condition. We prepared a statement for review and submitted it to the Khmelnytskyi Regional TRSSC.

Result:

The Regional TRSSC granted the statement, canceling the MMC decision. The client was invited for a re-examination at a higher-level MMC, with all medical documents taken into account.

• Case 4: Correction of an Error in an MMC Certificate

A serviceman who sustained an injury approached us after an MMC examination. Based on articles 13b, 39v, 74v of Column II of the Schedule of Diseases, he was deemed fit for military service, although the conclusion should have been fitness for rear service.

Our Actions:

Our advocate analyzed the medical documents and determined that the MMC correctly identified article 13b but mistakenly indicated “fit” instead of “fit for service in support units, military educational institutions, training centers, logistics, communications, operational support, and security units.” We prepared a statement to correct the error.

Result:

The MMC acknowledged the error and issued a corrected certificate, recognizing the serviceman as fit for rear service.

Common Questions About Appealing MMC Decisions

For your convenience, we have compiled answers to the most common questions that arise during the process of appealing MMC decisions: