How to Appeal a Military Medical Commission Decision

The Office of the Military Ombudsman receives complaints from service members who disagree with the conclusions of Military Medical Commissions. In such cases, applicants believe that the Military Medical Commission did not properly take into account their actual health condition, diagnosed medical conditions, or medical records when determining their fitness for military service.

Please note that, under the law, the Office is not authorized to review or assess the medical conclusions of Military Medical Commissions.

If a service member disagrees with such a conclusion, they may appeal it to a higher-level Military Medical Commission or file a claim with a court.

Below is the appeal procedure

Where to appeal a Military Medical Commission decision

decisions of Garrison Military Medical Commissions and non-permanent Military Medical Commissions may be appealed to the Regional Military Medical Commission;

decisions of Regional Military Medical Commissions may be appealed to the Central Military Medical Commission.

Time Limits

within 30 days from the date of receiving the Military Medical Commission's conclusion — to submit an appeal to a higher-level Military Medical Commission;

within 6 months — to file a claim with a court.

How to submit an appeal

An appeal may be submitted in any written form. It should include:

what exactly you disagree with;

which circumstances or medical information were not taken into account;

copies of relevant medical records, medical opinions, and certificates.

What happens next

After reviewing the appeal, the higher-level Military Medical Commission may:

review the decision of the lower-level Military Medical Commission based on the submitted medical documents;

order a repeat medical examination.

The repeat medical examination is conducted by a different Military Medical Commission within one month. It cannot be conducted by the same Commission whose decision is being appealed.

Filing a claim with a court

Decisions of Military Medical Commissions at all levels may be challenged in court. The court may:

verify whether the Commission followed the established procedure for conducting the medical examination;

determine whether all relevant medical records were taken into account;

determine whether the decision was adopted in accordance with the required procedure;

order a repeat medical examination.

However, the court does not determine a person's fitness for military service.

To obtain assistance with preparing a court claim, service members may contact the Free Legal Aid Centres in accordance with the requirements of the law. Their lawyers provide free assistance with preparing legal documents and advising applicants on the next steps.

At the same time, the Office receives complaints from service members whose Military Medical Commission does not recognize their injury as being related to the defence of Ukraine because they do not have a certificate describing the circumstances of the injury. As a result, they are unable to obtain the social benefits and guarantees to which they are entitled.

If a military unit fails to issue such a certificate, the service member may submit a complaint to the Office of the Military Ombudsman by email at skarha@milomb.gov.ua or through the online form on the website.