Unfit for military service under Article 71 of the Schedule of Diseases

According to the current version of the Order of the Ministry of Defense No. 402, a person may receive a conclusion of the Military Medical Service on unfitness on the basis of a disease under Article 71 of the Schedule of Diseases. This article regulates the determination of diseases of the genital organs in women subject to military service with the possibility of excluding them from military registration. After that, they will no longer be subject to mobilization. In the article below, we will examine in more detail the issue of determining diseases under Article 71 and the procedure for obtaining a conclusion on unfitness.

Article 71 of the Schedule of Diseases: who can be recognized as unfit for military service?

Under point “a”

Women who have significant dysfunctions in the genitals may be recognized as completely unfit for military service. Such citizens have:

• endometriosis with significant clinical manifestations;
• complete prolapse of the uterus or vagina;
• urogenital or entero-genital fistulas;
• severe uterine bleeding.

It should be emphasized that unfitness is established in cases where the results of short-term treatment are unsatisfactory. During the examination, the degree of dysfunction of the body and the impact of the disorders on the person’s ability to perform military duties are also assessed.

Under point “b”

The specified point concerns conditions with moderate disorders. In this case, servicewomen are considered fit for military service in the TCC and SP, training centers, medical units, etc. Most often, such disorders as:

• prolapse of the female genital organs;
• cervical dysplasia;
• polycystic ovary syndrome, and others fall under this point.

In this case, there is also the option of receiving a referral for treatment, the results of which can finally determine whether the person will be recognized as unfit for service at the front. In the event of complications, a woman can also be recognized as completely unfit under point “a” of Article 71 of the Schedule of Diseases.

Under point “c”

Diseases that fall under this point do not lead to the possibility of recognizing a servicewoman as unfit, and usually resolve after short-term treatment. Such disorders include mild endometriosis, uterine dystopia, slight prolapse of the vaginal walls, pelvic scars, and sexual infantilism. When making a decision, the Military Medical Service draws attention to the fact that these conditions do not cause significant restrictions on military service.

How to obtain a conclusion on unfitness for military service under Article 71?

First, you need to consult a lawyer and find out the potential chances of obtaining such a conclusion, taking into account your general condition. You may also need to correctly interpret the provisions of the Order of the Ministry of Defense No. 402 in order to know for sure whether your disease falls under Article 71 of the Schedule of Diseases.

Secondly, after consulting and determining a clear list of documents that may be needed, you need to immediately proceed to action:

• collect medical documentation (consultative conclusions, examination results, certificates, etc.);
• obtain a referral to the Military Medical Commission through Reserve+ (as an alternative - from the immediate commander for the military or the relevant CCC and SP for those liable for military service);
• appear at the military medical commission at the appointed time and place;
• undergo an examination, communicate with doctors, and receive a completed examination card.

After the entire procedure is completed, a conclusion of unfitness is issued and the procedure for excluding a person from military registration begins. To do this, you need to directly contact the relevant CCC and SP to initiate this procedure.

Finally, if you disagree with the conclusion of the VLK, you have the right to appeal it. To do this, you need to obtain a copy of the document itself and submit an application (report) with the justification of the disagreement to a higher authority or court. Here you will definitely need the services of a lawyer from the VLK.

How can a lawyer for the military service examination of the company “Prikhodko and Partners” help?

A lawyer from our law firm provides assistance at all stages of interaction with the military service examination, ensuring the protection of the rights of military personnel and those liable for military service. Given the constant changes in military legislation and the practical aspects of passing a military medical commission, qualified legal support becomes necessary. Below we will examine in more detail how a lawyer can be useful in obtaining a conclusion from the military service examination on unfitness.

Consulting support

The lawyer will analyze all your medical documents, provide a reasoned assessment of possible exclusion from military registration, and explain in detail all stages of the procedure. As a result, you will be able to receive a clear list of documents that will still need to be prepared for the military service examination, as well as the procedure that you can perform independently (if desired). However, we still recommend that you receive support from a lawyer during the military service examination to be sure of protecting your rights.

Support during the VLK

Our military lawyer will help to properly prepare all documents, accompany the client to the VLK, explain the practical aspects of the procedure and prepare for communication with doctors. In case of violations of the client's rights, he will help to record all the necessary evidence and prepare the necessary complaints.

Appealing the VLK decision to a higher authority or court

If necessary, the lawyer will carefully analyze the conclusion of unfitness and determine the legal grounds for appealing it. As a result, he will also draw up a substantiated complaint to a higher authority or a lawsuit to the court. The military lawyer of the company “Prikhodko and Partners” is guaranteed to represent your interests during the consideration, provide explanations and prepare responses to objections.

Fill out the form below, get advice from a military lawyer, and find out the price of obtaining a VLK opinion on unfitness based on Article 71 of the Schedule of Diseases with the help of our lawyer today!