The decision of the Military Medical Commission on the causal relationship of death

The basis for receiving a lump sum payment and other benefits in the event of the death of a serviceman is the resolution of the MMC on the causal relationship of death. Incorrect determination of the circumstances in the conclusion leads to the loss of the right to payments. If you need help, then lawyers Prikhodko&Partners support such cases and help achieve a fair result.

Procedure for establishing the causal link in the death of a serviceman

This process is initiated upon application by family members, parents, or dependents of the deceased, as well as in some cases upon application by the commander of the military unit or the TCC and JV. The review is carried out by full-time MMC, who analyze all the documents provided and, if necessary, request additional information.

The result is a report from the military medical commission, which determines the presence/absence of a connection between death and the death. The wording of the conclusion is crucial, as it affects the amount of payment, in particular:

How does the MMC formulate the cause-and-effect relationship of injuries, traumas, and diseases?

When considering a case, the MMC analyzes first of all: certificates on the circumstances of the injury (injuries, contusions, mutilations), acts of the official investigation of accidents, as well as medical documents confirming the initial request for medical assistance immediately after the event. These materials are the key evidence base for making a decision.

All documents can be submitted both in paper and electronic form, with one copy of them necessarily attached to the personal file.

It is important that the testimony of witnesses, including fellow citizens, is not in itself sufficient grounds for establishing a connection.

List of documents for establishing the cause of death

Along with the application or letter, the applicant must submit copies of:

• Certificates of:

1. military service or military registration document, etc.;
2. direct participation in the ATO/JFO
3. circumstances of the injury.

• Medical documents confirming the development of the disease/injury:

1. medical book;
2. medical records of an inpatient;
3. certificates from medical institutions;
4. resolutions of the MMC;
5. records of the initial request for medical care.

• Certificate of the circumstances of the injury (injury, contusion, mutilation) (if available).
• Official investigation report.
• Documents confirming the circumstances of the death (extract from the nominal list of irretrievable losses, commander's order, etc.).
• Medical certificate of death.
• Death certificate.
• Other documents additionally confirming the causal relationship.

If necessary, the commission has the right to independently request missing documents from military units, medical facilities, or other institutions based on a corresponding request.

Why is it necessary to establish a cause-and-effect relationship?

Determining the causal connection between the death of a serviceman and his service is a key condition for receiving a lump sum payment and other state guarantees. Without the appropriate conclusion of the MMC, it is impossible to exercise the right to payments.

It is important to understand that the wording in the MMC's resolution directly affects the amount of compensation. In particular, to receive the maximum payment (up to UAH 15 million), it is necessary that the causal connection be determined correctly - for example, as related to the defense of the Motherland.

In practice, situations often arise when the MMC incorrectly establishes the circumstances / chooses an unfavorable formulation, which leads to a reduction in payments and even their refusal. That is why legal support is crucial.

The help of a lawyer is especially needed at the stage of collecting documents and preparing materials, because the correct evidentiary base directly affects the commission's decision. It is often difficult and time-consuming to independently collect all the necessary documents, taking into account the requirements and deadlines.

How to appeal the decision of the MMC on the causation of death?

Appealing the decision of the MMC takes place in extrajudicial and judicial procedures:

1. The first option. In this case, the complaint is filed with a higher medical commission (in particular, the Central MMC / regional commission). This option allows you to review the decision that has already been made without going to court. You must attach to the complaint all documents that confirm your position and refute the conclusions.
2. The second option. If the decision has not been changed or there are grounds to consider it illegal, the resolution is appealed in the administrative court at the location of the commission.

In any case, a high-quality evidence base is key.

Lawyer's assistance in establishing causation

Our lawyers provide comprehensive legal assistance in matters of causation of the death of a serviceman, including support at all stages - from the initial consultation to obtaining the final decision of the MMC.

In particular, we provide preparation of a full package of documents, analysis of your situation, formation of a legal position, as well as sending legal requests to obtain the necessary evidence and confirmation of the circumstances. Our goal is to achieve the correct formulation of the MMC resolution, on which the right to payments directly depends.

If necessary, we also support the process of receiving a one-time cash benefit in connection with the death of a serviceman, as well as appealing the decisions of the Military medical commission in the future.

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