DISMISSAL FROM THE ARMED FORCES DUE TO DISABILITY ✅ WAR ✅ SERVICES

A description of the situation, which disturbs the legal analysis, is carried out.
The circumstances of the case, the presence or absence of documents relevant to the situation are established.
A full oral communication is conducted in order to establish all the necessary circumstances of the case.
The client's expectations regarding the results of service provision are established.
An analysis of the current legislation that regulates the problem is carried out.
An analysis of judicial practice regarding this issue is carried out.
The lawyer's personal experience in solving such or similar problems is described.
The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem.
Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.

Dismissal from the Armed Forces of Ukraine (Armed Forces of Ukraine) due to disability

During martial law, service in the Armed Forces of Ukraine is a duty for many citizens, but there are situations when a serviceman loses the ability to serve due to serious injuries, contusions or illnesses that have led to disability. In such cases, the law allows for dismissal on grounds of disability, but the process of issuing the dismissal itself is often complicated, accompanied by medical and legal difficulties, and requires the assistance of a specialist.
A lawyer helps not only with the registration of the dismissal, but also in restoring justice: correctly establishing the causal link, disability group, payments, benefits.

Legal stages of dismissal from the Armed Forces of Ukraine on grounds of disability

The process of dismissal from military service due to disability includes a number of legal and medical procedures:

Medical examination at the MMC (military medical commission): It all starts with a referral to the MMC, where specialists check the physical and mental condition of the serviceman. Based on the results of the examination, a conclusion is made about unfitness for service and the grounds for establishing disability.
Passing the MSEC (medical and social expert commission): If the MMC indicates the presence of an injury or illness that leads to a persistent limitation of vital activity, the serviceman is sent to the MSEC. It is she who assigns the disability group and determines its cause (injury, disease, contusion, etc.).
Drawing up a conclusion on unfitness for service: Based on the decisions of the MMC and MSEC, the unit command draws up official documents on unfitness for further service.
Issuing an order to discharge from military service: After receiving all documents, including medical reports, the leadership of the Armed Forces of Ukraine issues an official order to discharge the serviceman on the grounds of disability.
Drawing up pension benefits and benefits: After discharge, a person with a disability has the right to be assigned a pension and social guarantees provided for disabled servicemen. This also requires separate legal support, especially if there is a need to appeal the amount of the pension or disability group in the future.
If necessary - a court appeal or restoration of rights: If the establishment of a group, connection of disability with service was refused, or an incorrect order was issued, the case can be transferred to court. It is especially important to have a professional representative here.

As you can see, the procedure is complex, multi-stage, and each document has legal force. Any mistake or delay can lead to a long wait or refusal. That is why the support of an experienced lawyer allows you to avoid such risks.

Conditions for providing legal assistance when dismissing from the Armed Forces of Ukraine due to disability

Usually, lawyers provide this service under certain conditions, which you should know about in advance:

he presence of medical grounds for establishing disability: The client already has diagnoses recorded in medical documents, or there are serious injuries, chronic diseases that worsen the general state of health and prevent the performance of service.
Willingness to provide personal documents and certificates: To assess the prospects of the case, the lawyer must have access to a military ID card, medical history, certificates from the unit, referrals to the MMC or MSEK. In some cases, the lawyer will help restore or obtain documents, but the minimum package must be.
Real service in the Armed Forces of Ukraine or being in the reserve: The service is provided to active military personnel who need assistance during service, or to persons undergoing treatment after demobilization, but have not yet issued disability documents.
Legal readiness of the client to cooperate: Legal support involves joint work: collecting information, responding to requests from the lawyer, granting powers to represent interests in commissions, military units, state bodies, etc.
Absence of intentional illegal actions on the part of the client: The service is not provided in cases of fictitious certificates, staging diagnoses or attempts at fraud - only if there are real grounds for establishing disability.

These conditions help the lawyer assess the prospects of the case, protect the client qualitatively and within the law. If you are not sure whether you meet these criteria, you can contact us for a consultation for an initial analysis of the situation.

Advantages of contacting a lawyer when dismissing from the Armed Forces due to disability

Legal control of each stage: From the MMC to receiving the order - the lawyer will ensure that the procedure complies with the norms of the law.

Protection of rights in case of refusal or delay: If you were not issued an order, the causal connection was not recognized - the lawyer will file a complaint, send a request or initiate a court appeal.

Optimization of terms and reduction of workload: You do not waste time studying bureaucratic procedures - a specialist does this.

Frequently asked questions about dismissal from the Armed Forces due to disability

Question

What disability group is the basis for dismissal from the Armed Forces?

Answer

The basis for dismissal from the Armed Forces is any established disability group (I, II or III), if the military medical commission (MMC) recognizes a person as unfit or limitedly fit for military service.

Question

How long is a report on dismissal due to disability considered?

Answer

The report on dismissal due to disability is usually considered by the command within 30 days from the date of submission. In practice, there are cases when the decision is made faster - within 1-2 weeks, especially if there is already a conclusion from the MMC.

Question

How much percent of disability is required for a military person for group 2?

Answer

To establish group 2 disability for a military person, as a rule, a loss of disability of 70-90% is required. The final decision is made by the medical and social expert commission (MSEK), taking into account the severity of injuries and limitations in life activities.

What does the cost of a lawyer's services depend on when dismissing a military person due to disability?

The price of legal support for dismissal due to disability is determined individually. It depends on the stage at which the case is (do you need to start from scratch or just complete the process), the presence or absence of medical documents, the level of involvement of a lawyer (consultation or full support), the number of communications with the unit, MMC, MSEK, headquarters. The complexity of the case is also taken into account - for example, when it is necessary to appeal the disability group, sue or restore lost contact with the unit.

Conclusion

Dismissal from the ranks of the Armed Forces of Ukraine due to disability is not just a matter of medical condition, but a complex legal process that requires accuracy, experience and strict compliance with legislative norms. Errors at any stage can lead to a refusal to dismiss, non-accrual of benefits or pensions. That is why contacting a lawyer is a necessity. Professional support allows you not only to protect your rights, but also to receive a full range of appropriate guarantees for service in a special period. A lawyer will take care of everything - from medical certificates to the final order on dismissal and registration of social security.