Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Our company was approached by a serviceman, a soldier called up for mobilization in March 2022, Shevchenkiv RTCC and Zaporizhzhia SP, a machine gunner.
After passing the Military Medical Commission on 11.09.2023, on the basis of Article 61-b, 13-c, 66-c, 39-d of column II of the Schedule of Diseases, the serviceman was recognized as limitedly fit for military service, – unfit for service in the Airborne Assault Forces, naval fleet, naval infantry, special vehicles (with the exception of support units). A military serviceman recognized as limitedly fit for military service, fit for service in support units (units), territorial recruitment and social support centers, institutions, organizations, educational institutions.
Problems
The Military Medical Commission did not take into account the degree of impairment of the body’s function due to illness in accordance with the Table of Schedule of Diseases, Conditions and Physical Disabilities, which determine the degree of fitness for military service.
And also, the disease was connected with military service, and not with the Defense of the Motherland, as it should have been.
The progress of the case
First, the Client sent a certificate from the Military Medical Commission and medical documents confirming the state of health, later our lawyer Diana Ternova conducted an initial consultation, where she clarified all the circumstances and analyzed the available documents. After that, the contract was signed and further actions were agreed together with the client.
After preparing the application for appeal, it was submitted to the 20th regional Military Medical Commission. After that, they received an EXTRACT from the minutes of the meeting of the regular 20 regional military medical commission on establishing the causal relationship of diseases, wounds, contusions, injuries, mutilations dated 03/14/2024, which stated the decision – “Decision on the causal relationship of the injury in the Military Medical Commission certificate work order No. 0000 dated 11.09.2023 № 0000 – CANCEL.”
Moreover, the serviceman was sent to pass the Military Medical Commission.
After that, on 08.04.2024, the garrison military medical commission of military unit A0000, by order of the commander of military unit A0000 № 0000 dated 20.03.2024, conducted a medical examination to determine the degree of fitness for military service and on the basis of Article 61-a, column II The schedule of illnesses recognized the serviceman as unfit for military service with exclusion from military registration, which is confirmed by the illness certificate № 0000.
Result:
In the end, the serviceman was re-examined by the Military Medical Commission, after which he was not only dismissed from military service, but also excluded from military registration.
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