Disability for military personnel: everything you need to know about the military medical commission and re-examination in 2025.
Do individuals with previously granted disabilities need to undergo a medical commission in 2025?
"Article 22 of the law of Ukraine on mobilization preparation and mobilization states that citizens registered with the military must undergo a medical commission," notes the lawyer.
Disability serves as a basis for obtaining a deferment, but it does not exempt individuals from the obligation to undergo a medical examination to determine their fitness for military service.
At the same time, Alla Tsymanovska, a lawyer from the law firm "Ilyashev and Partners," reminds us that by law, individuals with disabilities have the right to a deferment from mobilization.
"Individuals subject to military service who are officially recognized as having a disability are not liable for conscription during mobilization," the lawyer adds, explaining a new document (the CMU resolution No. 1338 dated November 15, 2024, "Certain issues regarding the implementation of the assessment of daily functioning," which comes into effect on January 1, 2025), which states, in particular, that if the disability was issued for life, a repeated examination by the commission is not required.
Thus, decisions and certificates issued by the MSEC before December 31, 2024, remain valid and serve as the basis for the continuation of benefits, services, pensions, compensations, allowances, deferments, and other legal guarantees.
If the MSEC certificate indicates that a repeated examination is necessary in 2025 to confirm the disability, one should consult their treating physician, who will issue an electronic referral to the expert commission for assessing daily functioning.
3 Consequences of failing to appear for the medical commission for those previously recognized as unfit
If an individual fails to appear for a repeated examination during 2022-2024 for valid reasons, they will need to undergo a re-assessment. The deadlines are as follows:
- men aged 25-60 with group 2 or 3 disabilities must undergo assessment by November 1, 2025;
- other patients (except for the cases indicated below) — by April 1, 2026.
There are also exceptions when a repeated assessment is not conducted:
- individuals in areas where combat operations are ongoing or in temporarily occupied territories;
- patients with severe bodily function impairments (loss of limbs or organs, loss of hearing or vision, oncological or mental illnesses);
- active servicemen of the Armed Forces of Ukraine and other military formations — for them, the disability status remains valid during the service and for 60 days after discharge.
4 If disability was granted before the full-scale war: are such documents valid for the TCC?
According to the law, as lawyers state, the TCC has no right to require a person to undergo the medical commission again.
"If the disability was granted, for instance, in 2019, then under current legislation, a repeated medical commission is not mandatory if the health condition has not changed. A disability granted previously remains valid and is the basis for receiving a deferment 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 (including due to the decision of the medical commission) are not subject to conscription during mobilization," says Alla Tsymanovska.
If the disability was granted, for example, in 2019, then under current legislation, a repeated medical commission is not mandatory if the health condition has not changed.
Therefore, threats from the TCC regarding the necessity of undergoing the medical commission without justification are unlawful if the disability has already been granted according to the law. If the TCC continues to demand a repeated 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 have long been granted disabilities are threatened by TCC employees that deferments can only be obtained through the medical commission.
"The requirement to undergo the medical commission for obtaining a deferment or for submitting documents for deferment is unlawful, as the legislator in Article 23 of the law on mobilization preparation and mobilization established an exhaustive list of grounds for obtaining a deferment, where item 2 of part 1 states that a person with a disability has the right to obtain a deferment," comments lawyer Dmitry Strichenko.
5 It should be noted that obtaining a deferment and determining fitness based on the conclusion of the medical commission are different matters. If a conscript is denied a deferment until the actual passage of the medical commission, such actions by the TCC can and should be recognized as unlawful in court.
To do this, it is necessary to gather the required documents confirming the right to obtain a deferment, notarize them, fill out an application for deferment, and send it via Ukrposhta with a list of attachments to the TCC.
If a conscript is denied a deferment until the actual passage of the medical commission, such actions by the TCC can and should be recognized as unlawful in court.
In case of receiving a written refusal or, conversely, if the TCC does not provide any response, such actions can be appealed in court.
"Regarding the recognition of a person as unfit for military service, in this case, everything occurs solely based on the conclusion of the medical commission, and in such a case, the TCC's response regarding the necessity of undergoing the medical commission for the purpose of recognizing a person as unfit and excluding them from military registration is appropriate and legal," says Dmitry Strichenko.
6 What to do if the medical commission recognizes a person with a disability as fit for service?
If a conscript with a disability does not have a granted deferment, they may be mobilized, and there is evidence of this in certain cases and court proceedings.
"It is important to understand that the assessment of an individual's fitness for military service is conducted for the purpose of further staffing military units with individuals who, despite their disability (provided they do not have a granted deferment), still have the ability to assist the military, for example, by performing non-combat, logistical tasks," says Dmitry Strichenko.
An individual with a disability has the right to obtain a deferment by law and is not subject to mobilization, even if they might not have utilized their right to such a deferment.
At the same time, he cites legislative document (item 2 of Cabinet Resolution No. 560), which states that during mobilization, reservists and conscripts who are fit for military service by health status and do not have the right to a deferment from conscription for reasons defined by Article 23 of the Law of Ukraine on mobilization preparation and mobilization are called up.
Therefore, it seems clear: an individual with a disability has the right to obtain a deferment by law and is not subject to mobilization, even if they might not have utilized their right to such a deferment. However, there remains the possibility of their mobilization through the lens of judicial practice, which asserts that obtaining a deferment is a right of the individual, not an obligation, and if the individual did not exercise this right, then, if recognized as fit for military service based on the conclusion of the medical commission, such an individual is subject to mobilization.
"Individuals with disabilities who have obtained a deferment and have been recognized as unfit for military service based on the conclusion of the medical commission are not subject to mobilization. Individuals with disabilities who have not obtained a deferment and have been recognized as fit for military service based on the conclusion of the medical commission are also not subject to mobilization, but there are risks," summarizes the lawyer.
7 Is it legal to send a person without a body part on combat missions: real-life examples
Not all absence of body parts and other deformities or injuries are grounds for recognizing a person as unfit based on the conclusion of the medical commission.
It should be noted that according to the order of the Ministry of Defense of Ukraine "On the approval of the Regulations on military medical examination in the Armed Forces of Ukraine," specifically with "The schedule of diseases, conditions, and physical deficiencies determining the degree of fitness for military service, service in the military reserve," the loss of part of a hand or fingers may be grounds for recognizing a person as unfit for military service.
Thus, Article 62 of the "Schedule of diseases" provides specific cases