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Passing the Military Medical Board (VLK) is an important stage, but its conclusions are not always objective. If you disagree with the certificate you received, it is important to know that clear mechanisms for appealing exist. Understanding the main grounds, procedures and deadlines is your first step toward successfully defending your rights.
The VLK (military medical board) is a special medical body responsible for assessing the health of those liable for military service, conscripts, reservists and servicemen. Depending on the purpose and place, boards can be temporary or permanent, and are divided into non-staff (lower level) and staff (higher level), including the Central Military Medical Board (CVLK).
Based on the examination, the VLK issues a certificate (decision) which may have different names but always contains key information: the diagnoses and their legal classification under the Schedule of Diseases; the degree of fitness for service (fully fit; unfit; earlier “fit with limitations”); and the causal link of the illnesses or injuries with military service. It is precisely this certificate that can be appealed if you disagree with any of the points stated in it.
A wrong health assessment. The VLK may ignore your existing illnesses or state their severity incorrectly. For example, you have stage 2 hypertension that limits your fitness, but the doctors did not take it into account; or instead of stage 3 gonarthrosis the certificate states only stage 2. How to prove it: your main support is medical documents. Gather all hospital discharge summaries, doctors’ consultative opinions, examination results (MRI, CT) and tests.
An error in the legal classification. This happens when the doctors incorrectly apply an article of the Schedule of Diseases, for example when a spinal condition led to radiculopathy (Article 23) that entitles you to a different conclusion, but Article 23 was not applied. How to prove it: the appeal must have both a medical and a legal justification. You need to provide documents confirming the presence and development of the illness and show that the doctors should have applied the specific article.
An error in establishing the causal link. This concerns situations where the board does not recognize a direct link between the serviceman’s health problems and service or participation in combat. How to prove it: for an injury received in service, submit the certificate of the circumstances of the injury (form 5) and the certificate of emergency medical care (form 100). For chronic illnesses, provide medical documents confirming your state of health before conscription and after the start of service.
A violation of the examination procedure. A conclusion can also be appealed because of a violation of the procedure itself. If special examinations (MRI, CT) are needed to diagnose your illness and they were not carried out, this is a violation. Without a full examination it is impossible to draw a proper conclusion, and this absence will be the main argument in the complaint.
For military-liable persons. You can submit a complaint directly to the board that conducted the examination, or turn straight to a higher-level VLK (the regional TCC and SP). This gives you a referral for a repeat, control examination. Be sure to attach all medical documents to the application. Note paragraph 72 of Procedure No. 560, which allows a complaint to be submitted even without medical conclusions.
For servicemen. Servicemen can appeal a decision by turning to the regional VLK or to the Central VLK (CVLK). You can use these mechanisms either simultaneously or sequentially. In the complaint, be sure to state your identifying details, the military unit number and describe in detail the circumstances that became the grounds for the appeal.
For the complaint to be considered, it must contain full and accurate information: your identifying details and information about the unit where you serve; a detailed description of events (injuries, concussions, prolonged treatment and medication, your real state of health); the number and date of the VLK decision being appealed and the name of the board that issued it; and the substance of your disagreement with the decision, using regulatory justifications. The application is submitted by post (a valuable letter with a list of contents) or by email with an electronic signature, with duly certified copies of all medical documents attached.
A 30-day deadline is set for a pre-trial appeal of a VLK decision, counted from the moment you receive the certificate. This deadline can be reinstated if you missed it for valid reasons, for example participation in combat, being in treatment or difficult family circumstances. A court appeal can be started within 6 months of receiving the higher VLK decision.
The result of an appeal may be: a referral for a control examination (the most common result, indicating shortcomings found in the initial review); cancellation of the previous VLK decision without a new examination (rare but possible when the board acknowledges its error); a refusal to grant the application; or the issuance of an extract on a change in the causal link of the illness or injury.
The pre-trial stage is the first and, as a rule, the faster one. It includes: analyzing the certificate and gathering all medical documents that confirm your diagnoses; preparing an application of disagreement with the VLK conclusion; submitting the application to the regional VLK and, in case of refusal, to the Central VLK; and monitoring the receipt of the reply, with a referral for a control examination in case of a positive decision. On average, a pre-trial appeal takes from one to two months.
The court appeal involves filing a lawsuit and can be done after you have tried the administrative appeal. Court practice is not always positive, since courts often refer the matter back for examination. The situation with appealing the causal link is more optimistic: court decisions are appearing that oblige the VLK to review the causal link of injuries and illnesses, proving that the health problems were acquired during service rather than being congenital.
How much time is there to appeal a VLK decision?
For the pre-trial procedure, one month (30 days) from receiving the certificate. It can be reinstated for valid reasons (combat, treatment).
What should I do if I disagree with the VLK conclusion?
You have the right to appeal it in the pre-trial and court procedures. Your disagreement must be based on medical documents.
How do I file a complaint?
A complaint can be submitted by post (a valuable letter with a list of contents) or by email (with an electronic digital signature).
We are always ready to help you develop an appeal strategy and prove that the VLK conclusion is unfounded. LEXON lawyers work with servicemen and those liable for military service online throughout Ukraine, confidentially. Leave a request or call us.
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