Disability and military medical commission: Are the TCC's demands for a re-examination lawful?
What Will Happen to MSEC Certificates
Decisions and certificates issued by MSEC before December 31, 2024, remain valid and serve as a basis for the continuation of benefits, services, pensions, compensations, allowances, deferrals, and other legal guarantees, says lawyer Alla Tsimanovskaya from the law firm "Ilyashev and Partners."
"If the MSEC certificate states that a follow-up examination is required in 2025 to confirm disability, one should consult their attending physician, who will issue an electronic referral to the expert commission for assessing daily functioning. If, for valid reasons, an individual was unable to undergo the follow-up examination between 2022 and 2024, they will need to undergo re-evaluation," the lawyer explains.
Who Needs to Undergo a Follow-Up Examination
Men aged 25 to 60 with a 2nd or 3rd group disability must undergo evaluation by November 1, 2025. Other patients (except for those mentioned below) must do so by April 1, 2026.
Exceptions When Re-evaluation is Not Required
Individuals located in areas where military operations are ongoing, or in temporarily occupied territories, are not required to undergo re-evaluation. This also applies to patients with severe functional impairments (such as missing limbs or organs, loss of hearing or vision, oncological or mental illnesses). For active military personnel of the Armed Forces of Ukraine and other military formations, disability status remains valid during service and for 60 days after discharge.
"If the disability was registered, for example, in 2019, then according to current legislation, re-examination by the VVK is not mandatory if the health condition has not changed. A previously registered disability remains valid and serves as a basis for obtaining a deferral from conscription, as stipulated in Article 23 of the law of Ukraine on mobilization. According to this article, individuals with disabilities or temporarily unfit for service due to health reasons (in particular due to VVK decisions) are not subject to conscription for military service during mobilization," emphasizes Alla Tsimanovskaya.
If the TCC Demands a Follow-Up Examination
If the TCC continues to require a follow-up examination, the individual has the right to appeal this decision or seek legal assistance to protect their rights.
However, lawyers note that there have already been cases where individuals who had long registered their disability were threatened by TCC employees that they could only obtain a deferral through the VVK.
"The requirement to undergo VVK for obtaining a deferral or for accepting documents for deferral processing is unlawful, as the legislator has established an exhaustive list of grounds for obtaining a deferral in Article 23 of the law "On Mobilization Preparation and Mobilization," where point 2 of part 1 states that a person with a disability has the right to obtain a deferral," comments lawyer Dmitry Strichenko from the law firm "De-Jure."
If a conscript is denied a deferral before actually undergoing the VVK, such actions by the TCC can and should be recognized as unlawful through judicial procedures.
It should be noted that obtaining a deferral and determining fitness for service based on VVK conclusions are different matters. If a conscript is denied a deferral until they have actually undergone the VVK, such actions by the TCC can and should be recognized as unlawful through judicial procedures.
To do this, it is advisable to gather the necessary documents confirming the right to obtain a deferral, notarize them, fill out an application for the deferral, and send it via Ukrposhta with a list of attachments to the TCC.
In case of receiving a written refusal or, conversely, if the TCC does not respond at all, such actions can be appealed in court.
"Regarding the recognition of a person as unfit for military service, this is based solely on the VVK conclusion, and in this case, the TCC's response regarding the necessity of undergoing the VVK for the recognition of unfitness and exclusion from military records is appropriate and lawful," says Dmitry Strichenko.