One-time monetary assistance for servicemembers and their families: how to obtain compensation for injury, disability, or death

Who Is Eligible for One-Time Financial Assistance?

Eligibility for one-time financial assistance extends to military personnel who have suffered health impairments, such as injuries, concussions, traumas, or illnesses, while performing their duties. Payments are also available to the families of deceased servicemen. The main categories of recipients include:

• Servicemen of the Armed Forces of Ukraine (AFU), National Guard, Security Service of Ukraine (SBU), State Border Guard Service, and other law enforcement agencies who sustained injuries or disabilities during combat operations, training, or other service-related tasks.
• Family members of a deceased serviceman, including the official spouse, children (including minors or students), parents, or other legal heirs.
• Individuals who cohabited with the serviceman and shared a common household, such as a common-law spouse, provided this fact is verified through a court or other official procedures.

A key requirement for obtaining OTFA is proving the connection between the injury, disability, or death and the performance of military duties. This may involve participation in combat operations, national security tasks, disaster response, or other service-related activities. For instance, if a serviceman died at home but the death resulted from prior service-related injuries, the family may still be eligible for compensation, provided this is supported by medical documentation.

Importantly, eligibility is not limited to official relatives. In cases where a serviceman was not legally married but lived with a partner, the fact of cohabitation can be established through a court. Judicial practice, including decisions by the Supreme Court, shows that such cases are often resolved in favor of applicants when sufficient evidence, such as witness testimonies, joint documents, or photographs, is provided.

Types and Amounts of One-Time Payments

One-time financial assistance is divided into three main categories: payments for injury, payments for disability, and payments for the death of a serviceman. Each has its own specifics, amounts, and eligibility conditions. The payment amount depends on the severity of the injury, the assigned disability group, or the circumstances of the death. For example:

• Payment for injury can range from tens of thousands of UAH for minor injuries to hundreds of thousands for severe injuries requiring extended treatment or resulting in loss of function.
• Payment for 2nd group disability is typically higher than payments for 3rd group disability for military personnel due to greater loss of working capacity.
• Payment for the death of a serviceman can reach up to 15 million UAH, the largest compensation amount provided for the families of the deceased.

Exact amounts are determined based on medical findings, decisions of the Military Medical Commission (MMC), military unit orders, and other documents. The payment procedure is regulated by state authorities, such as the Ministry of Defense, which verify the legitimacy of claims. In some cases, the payment amount may be adjusted based on additional factors, such as when an injury causes partial loss of working capacity but does not result in disability.

In addition to the primary OTFA amount, families of the deceased may receive compensation for funeral expenses and other material costs, as well as the final salary of the deceased serviceman if it was not paid during their lifetime. These additional payments also require the submission of relevant documents, such as receipts or certificates from executive authorities.

Compensation for Injury

Payment to servicemen for injury is provided to compensate for injuries sustained during the performance of duties. The amount depends on the severity of the injury: minor injuries, such as superficial wounds or bruises, are compensated with smaller sums, while severe injuries requiring prolonged treatment, surgeries, or rehabilitation receive significantly higher payments. For example, concussions, limb loss, or internal organ damage are typically classified as severe injuries, qualifying for maximum compensation.

To receive payments for injury, it must be proven that the injury was sustained as a result of performing duties. This may relate to combat operations, tasks in conflict zones, training exercises, or other activities defined as service-related. Payments to servicemen for injury are processed through the military unit, which forwards the documents to the relevant state authorities.

It is critical that the injury is documented by medical institutions and its connection to service is confirmed by MMC findings. Without these documents, the chances of receiving payment are significantly reduced, which is a common reason for refusal of payment. A frequent issue is the lack of timely medical attention or inadequate documentation of the injury’s circumstances, complicating subsequent compensation claims.

How a Serviceman Can Obtain Payment for Injury

The process of obtaining payment for injury requires strict adherence to procedures. Here are the main steps to follow:

1. Submit a report for injury payment to the military unit commander. The report should include a detailed description of the injury’s circumstances and a request for compensation.
2. Collect medical documents confirming the fact of the injury, its severity, and its connection to duty performance. These may include hospital discharge summaries, treatment records, and examination results.
3. Undergo a medical examination by the Military Medical Commission (MMC), which issues a report on the nature and causes of the injury.
4. Await a decision from the Ministry of Defense or another authorized body, which reviews the application and documents.

Documents for payment include: a payment application, medical certificates, MMC conclusions, a commander’s order detailing the injury’s circumstances, and, if necessary, additional evidence such as reports or witness testimonies. The processing duration can range from a few weeks to several months, depending on the completeness of the documents and the complexity of the case.

A common mistake is submitting an incomplete document package or missing the application submission deadlines. For example, some servicemen fail to seek MMC evaluation immediately after an injury, complicating the subsequent confirmation of the injury’s service-related nature. In such cases, legal assistance can help properly compile documents, obtain missing certificates, and avoid delays.

Additionally, servicemen may face situations where an injury’s full impact is not immediately apparent, such as with concussions or psychological trauma. In these cases, an attorney can assist in arranging further medical examinations to confirm the condition’s severity and justify the right to compensation.

Why Payment May Be Refused

Refusal of payment for an injury can occur for several reasons:

• Insufficient evidence that the injury was sustained during duty performance. For instance, if the injury occurred outside of service, compensation is not provided.
• Incomplete document package or errors in their preparation, such as missing MMC conclusions or an improperly drafted report.
• Violation of application submission deadlines, if the serviceman applied late.
• Lack of medical documents clearly confirming the injury’s severity and consequences.
• Inadequate documentation of the injury’s circumstances, such as the absence of a commander’s order or witness testimonies.

In case of refusal, it’s important not to give up. Judicial practice demonstrates that with proper evidence, such as medical reports, testimonies, or additional documents, courts often rule in favor of the serviceman. For example, courts have frequently mandated the Ministry of Defense to pay compensation when refusals were unjustified. Rights protection in such cases requires professional legal assistance, including the preparation of a lawsuit and court representation.

Refusals may also stem from subjective assessments of injury severity. For instance, some concussions or psychological traumas, such as post-traumatic stress disorder (PTSD), may be underestimated by the MMC, leading to payment denials. In these cases, an attorney can help arrange independent medical evaluations or appeal the MMC’s decision.

Attorney Assistance with Injury Payments

Legal assistance is critical for successfully obtaining payments for injury. An attorney can significantly streamline the process by providing the following services:

• Consultation on required documents and procedures to avoid errors when submitting a report for injury payment.
• Assistance in preparing medical documents, MMC conclusions, and other required confirmations.
• Representation of interests in the military unit, Ministry of Defense, or other authorities to expedite application processing.
• Appealing a refusal of payment through court, preparing a lawsuit, and managing the case until resolution.
• Ensuring compliance with application submission deadlines and timely case review.

An attorney can also assist in cases where a payment delay causes financial hardship. For example, if application processing is stalled due to bureaucratic procedures, a lawyer can submit official requests or appeals to accelerate the process. Early consultation with an attorney helps avoid common mistakes, such as improper document formatting or missed deadlines.

Legal support is particularly vital in complex cases, such as when an injury involves psychological trauma like PTSD. Confirming the service-related nature of such conditions can be challenging, but an attorney can help gather necessary evidence, including psychiatric evaluations, witness testimonies, or other documents, to substantiate the claim for compensation.

Payments for Established Disability

Payment for 2nd group disability and payments for 3rd group disability for military personnel are provided if the disability results from duty performance. The compensation amount depends on the disability group: 2nd group entails a higher payment due to significant loss of working capacity, while 3rd group is compensated with a smaller amount. For example, a serviceman with 2nd group disability may receive several times more than for 3rd group due to more severe health consequences.

Disability may result from injuries, concussions, illnesses, or other impairments sustained during service. For instance, hearing loss from a concussion, spinal injuries, or psychological disorders linked to combat stress can qualify for disability status. The key condition is confirming the link between the health condition and service through MMC conclusions.

Obtaining disability payments requires meticulous document preparation and medical examinations. Servicemen often face challenges due to the MMC underestimating the condition’s severity or delays in document processing, which can lead to refusal of payment. For example, if the MMC deems the disability unrelated to service, the serviceman may need to appeal the decision, requiring legal support.

How to Obtain Disability Payment

The process of obtaining payment for disability involves the following steps:

1. Undergo a medical examination by the Military Medical Commission (MMC) to establish the disability group. The MMC issues a conclusion determining whether the disability is service-related.
2. Submit an application to the military unit or an authorized body, such as the Ministry of Defense, requesting the payment.
3. Provide medical documents, including MMC conclusions, hospital discharge summaries, examination results, and certificates linking the disability to service.
4. Await a decision from the authorized body, which verifies the documents and approves the payment.

The processing duration can range from one to several months, depending on the case’s complexity, document completeness, and the workload of the relevant authorities. For example, if the MMC requires additional examinations or if documents are submitted with errors, the process may be delayed. In such cases, legal assistance can expedite processing by ensuring proper document preparation.

Particular attention is warranted in cases where a serviceman disagrees with the MMC’s disability group assignment. For instance, if the commission assigns 3rd group but the health condition aligns with 2nd group, an attorney can assist in appealing the MMC’s decision by filing a formal request or pursuing a court case. This is especially relevant when the disability involves psychological disorders, such as PTSD, which are challenging to substantiate without professional support.

Attorney Assistance with Disability Payments

Professional legal assistance is pivotal in securing payment for disability. An attorney can provide the following services:

• Consultation on proper document preparation and MMC medical examination procedures.
• Assistance in collecting medical certificates, conclusions, and other required confirmations.
• Monitoring compliance with application submission deadlines and timely case review.
• Appealing a refusal of payment or incorrect disability group assignment through court, preparing a lawsuit.
• Arranging additional medical examinations if needed to confirm the condition’s severity, such as for psychological disorders.

An attorney can also mitigate financial hardship caused by payment delays. For example, if the Ministry of Defense or other authorities delay processing due to bureaucratic procedures, a lawyer can submit official requests or appeals to expedite the process. Judicial practice shows that with proper evidence, courts often support servicemen, mandating compensation payments.

Legal support is particularly crucial in disputes involving psychological disorders, such as PTSD. Confirming the service-related nature of such conditions can be complex, but an attorney can help gather necessary evidence, including psychiatric evaluations, witness testimonies, or other documents, to substantiate the claim.

Assistance to Families in Case of a Serviceman’s Death

Payment for the death of a serviceman is one of the largest compensations provided by the state, potentially reaching 15 million UAH. This amount, known as payments for those killed in action, is distributed among the family members or heirs of the deceased. The procedure for payment for a deceased serviceman involves submitting an application to the relevant authorities, verifying family ties, and confirming the circumstances of the death.

The payment is provided in cases of a serviceman’s death during duty performance, including combat operations, peacekeeping missions, disaster response, or other tasks. Even if a serviceman died at home, but the death resulted from prior service-related injuries or illnesses, the family is eligible for compensation.

Beyond the primary payment, the family may receive the final salary of the deceased serviceman, compensation for funeral expenses, and other material costs associated with the loss. These additional payments also require submitting relevant documents, such as receipts or certificates from executive authorities.

It’s worth noting that the payment process can be complicated by a lack of complete information about the circumstances of the death, especially if it occurred in a combat zone. In such cases, families may need an attorney’s assistance to collect necessary documents and confirm the service-related nature of the death.

Who Receives 15 Million for a Deceased Serviceman?

Who is entitled to the 15 million payment? Eligible recipients include:

• The official spouse of the deceased.
• Children, including minors, full-time students up to age 23, or children with disabilities.
• The deceased’s parents, if they were dependents or have inheritance rights.
• A common-law spouse or individuals who shared a common household, provided this is verified through a court or other official procedures.

In the absence of a formal marriage, proving cohabitation is critical for receiving the payment. This may involve witness testimonies, joint documents (e.g., lease agreements or utility bills), photographs, or other evidence. Judicial practice indicates that courts, including the Supreme Court, often support common-law partners when evidence is compelling.

If disputes arise among the deceased’s relatives regarding the payment distribution, an attorney can help resolve the conflict by filing a lawsuit or negotiating a fair division. For example, if children and parents have differing views on who the primary recipient should be, the court may determine shares for each. Legal support in such cases prevents prolonged disputes and ensures equitable resolution.

Why Difficulties Arise in Obtaining Payments

Obtaining payments for a fallen soldier or compensation for injury can be fraught with difficulties:

• Insufficient documentation, such as a death certificate, medical certificate, or death record, especially if the death occurred in a combat zone.
• Disputes among the deceased’s relatives over who is entitled to the 15 million payment, particularly with multiple heirs.
• Challenges in proving the connection between the death or injury and duty performance. For instance, if a serviceman died at home but the death was linked to prior injuries, additional medical evidence is required.
• Lack of state registration of the death or delays in obtaining documents due to bureaucratic procedures.
• Errors in document preparation, such as discrepancies in the application or missing certificates from the military unit.

Additional challenges may arise from material costs, such as funeral expenses, which families cover independently before receiving compensation. In such cases, thorough documentation of all expenses is necessary for reimbursement. Delays may also result from the overload of state authorities processing applications, especially during wartime.

A common issue is families’ lack of awareness of their rights. For example, many are unaware they can claim compensation for funeral expenses or the final salary of the deceased serviceman. An attorney can provide comprehensive guidance and support at every stage to address these issues.

Attorney Assistance for Obtaining the 15 Million UAH Payment

Legal assistance is indispensable for families seeking to obtain the payment for the death of a serviceman. An attorney can provide comprehensive support, including:

• Preparing a complete document package, including the death certificate, medical certificate, military unit certificates, and verification of family ties.
• Proving eligibility for a common-law spouse through court if no formal marriage exists. The attorney will help gather evidence of cohabitation, such as testimonies, documents, or photos.
• Appealing a refusal of payment or payment delay through court, preparing a lawsuit, and representing interests.
• Securing compensation for funeral expenses and other material costs related to the loss.
• Obtaining the final salary of the deceased serviceman if it was not paid during their lifetime.

An attorney can also resolve disputes among the deceased’s relatives regarding payment distribution. For example, if children and parents disagree on who the primary recipient should be, a lawyer can offer mediation or prepare a lawsuit for equitable division. In cases where the serviceman’s death was not properly registered, an attorney will assist with state registration and obtaining necessary documents.

Professional support is particularly vital in complex cases, such as when the death occurred outside a combat zone but was caused by prior injuries. An attorney can collect additional evidence, such as medical reports or testimonies, to establish the service-related connection. Lawyers also help navigate bureaucratic delays or situations where complete information about the death’s circumstances is unavailable.