How to appeal the decision of the military medical commission?

The decision of the military medical commission is intended to establish the state of health of a military man or a person who has received a summons to mobilize, and to determine the degree of suitability for military service. It often happens that the decision of the IHC does not reflect the real state of health. Mass situations when this state is “seen” better than it really is. This becomes the reason that a person whose health does not allow him to actually serve can end up in the army. Or – a soldier who becomes ill during his service or is wounded while performing a combat mission will not receive enough time for proper rehabilitation. There are quite a lot of such cases, as evidenced by the dynamics of requests to our law office.

How can I appeal the decision of the military medical commission?

There are 2 options for appealing the decision of the IHC – pre-trial and judicial. During the pre-trial appeal, a corresponding statement is written to a higher authority. As for the judicial path, for the most part it becomes the next stage. An application to appeal a decision of the IHC is written in any form. However, it is important to follow the following recommendations:

• be sure to note for what reason the decision of the IHC (ruling or conclusion) should be appealed;
• indicate what you do not agree with in its content;
• provide supporting documentation confirming the validity of your disagreement.

The decision of the military medical commission is appealed to the regional or central Military Medical Commission, or to the court, justifying the reason for the review. First, it is better to appeal the decision to the CIBK, and only then sue. By appealing the decision or conclusion of the Central Military Commission immediately in court, you use your opportunity to subsequently review the decision of the Central Military Commission.

Let’s look at this issue with a specific example. We will tell you about a case that the team of the Prikhodko&Partners law office worked with.

Case: appealing the decision of the military medical commission

So, a client contacted us who did not agree with the IHC conclusion dated December 27, 2022. We provided legal support for appealing this conclusion to the Central Election Commission.

Based on the results of the investigation, it was established that the senior soldier actually had progressive consequences of acute anterior optical ischemic neuropathy of both optic nerves with a progressive decrease in visual functions. Therefore, as a result of consideration of the CVVC application, it was proposed:

• the commander of the military unit to send the senior soldier in the prescribed manner for a control medical examination of the Military Medical Commission at the Military Medical Clinical Center of the Central Region (VMCC CR);
• to the head of the VMKTs CR in accordance with the Regulations on military medical examination in the Armed Forces of Ukraine, approved by order of the Minister of Defense of Ukraine dated August 14, 2008 № 402, as amended, registered with the Ministry of Justice of Ukraine on November 17, 2008 az 1109/15 and medical examination of the VLK in order to determine suitability for military service.

During the legal support of this application, we were constantly in touch with the client and provided him with advisory support. As a result, the senior soldier was treated, declared unfit and discharged.

Turning to specialists is the key to peace of mind and results

When a person experiences obvious health problems, he often believes that the conclusion of the VVC will be appropriate, because the truth is on his side. But there are situations when such a person subsequently learns that he is “healthier” in confinement at the IHC than he really is. And in such a situation, the issue of protecting and asserting one’s own rights becomes relevant. This is natural, since the future depends on the decision of the IHC.

The situation described can be confusing and disorienting to the person who encounters it. Without the appropriate professional knowledge in the current legislation, defending yourself becomes even more difficult. To protect your own rights and legitimate interests, you should contact professional lawyers who can help in this situation. The specialists of our law firm carefully analyze all the circumstances relating to your case and provide quality assistance.

We advise and legally support you, focusing on results. This approach gives our clients confidence and helps them navigate difficult and stressful situations as calmly as possible.