While in the Armed Forces, my brother was crippled while performing a combat mission

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Passed MSEK, received the status of disabled person of the 2nd group. The conclusion of the VLK is partially valid. Wrote for a repeat VLK was refused. The military unit moved out of state. The group is not paid, they say they will be paid when they are fired. They do not want to fire, they say the reason is the opinion of the VLK. Is it possible to be released? But what needs to be done for this?

06.09.2023 06:01 476

Answers

Photo of 30.09.tana2002 Tatіana Mazur

In accordance with the Law of Ukraine "On Military Obligation and Military Service" (subsection "b" clause 2 part 4 of article 26) and the Regulation on military medical examination in the Armed Forces of Ukraine for dismissal from the ranks of the Armed Forces health You need:

  1. Submit a report on dismissal due to health conditions to the immediate commander. Describe existing health problems in the report; if they occurred as a result of an exacerbation of a chronic disease or previously received injuries/injuries, indicate this. A request should also be made to issue a referral for passing the VLK to establish unfitness for military service. If possible, documents confirming the presence of health problems (discharge from the hospital, medical card, etc.) should be attached to the report.

  2. Get a referral for passing the VLK. The referral is signed at the request of your commander by the chief of staff (from the chief of staff of the regiment and above) or the head of the personnel body (from the head of the personnel department of the association and above) with reference to the decision of the commander of the serviceman who submitted the report. Along with the referral to the VLK, a medical book, a military ID, a 3 x 4 cm photo card without a headdress (when referred for an outpatient examination), as well as a job description for conducting a VLK and a medical description (submitting them in wartime is not mandatory, but for opportunities are recommended to submit). In the case of a referral for an examination due to injuries, injuries, contusions, mutilations received during military service, the original certificate on the circumstances of the injury, injury, contusions or mutilations must also be submitted. It is allowed to provide photocopies of the specified documents, certified by the relevant officials and with the official seal of the Ministry of Internal Affairs.

  3. Pass the VLK and obtain a conclusion on unfitness due to the state of health. If you are unable to perform your official duties due to your health condition, the VLK may issue a decision on your release from official duties for a period of up to 30 calendar days.

  4. The VLK sends a conclusion based on the results of the medical examination to the head of state. The military personnel service prepares the necessary documents and sends them to the official authorized to make a decision on your dismissal due to health (the commander of the brigade or regiment).

  5. The dismissal order is accepted, it is announced by the commander of your military unit.

  6. You surrender your position, you are removed from the personnel list of the military unit.

  7. Within a 5-day period, you must arrive at the TCC and SP at the chosen place of residence for military registration.

Therefore, in order to be dismissed from the ranks of the Armed Forces due to the state of health, a conclusion of the VLK about unfitness due to the state of health is indispensable. If you do not agree with the conclusion of the VLK, you can appeal it and request to review the conclusion:

  • By the same military medical commission as a repeat or control medical examination;

  • VLKs of regions, cities of Kyiv can review the conclusions of district/city VLKs;

  • TsVLK can review the decisions of any VLK;

  • with the help of a court in the order of administrative proceedings.

06.09.2023 18:08

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