Discharge From Military Service for Health Reasons: How to Get a VLK Conclusion

Under martial law, many servicemen face health problems that do not allow them to fully perform their duties. In such cases the law provides for the possibility of discharge from the Armed Forces of Ukraine. Unfortunately, the path to this is not simple: the command of military units often ignores appeals, and the process of referral to the military medical board (VLK) is artificially dragged out. In this article we explain how to act in such a situation, what documents are needed and what to pay attention to.

Legal grounds for discharge for health reasons

Under Ukrainian law, the key ground for discharging a serviceman for health reasons is a conclusion of the military medical board on his unfitness for military service. In particular, subparagraph “b” of part 4 of Article 26 of the Law of Ukraine “On Military Duty and Military Service” directly states that such a conclusion is a basis for issuing a discharge order. For this you need:

• The presence of an illness. The serviceman has an illness, injury or other health problem that does not allow him to perform his duties. It is important that this problem is confirmed by medical documents.
• Passing the VLK. The most important step is obtaining a referral to the VLK. It is this body that issues an official conclusion on fitness or unfitness for service. Without it, no discharge for health reasons is possible.
• A conclusion of unfitness. Based on the examination, the VLK may decide on: unfitness for military service with removal from the military register (this is an unconditional basis for discharge); or limited fitness (in this case the serviceman cannot be discharged, but may be transferred to a lighter position).

How to get a referral to the VLK

This is the most difficult stage, since it is here that the most bureaucratic obstacles arise. Many servicemen find that their reports for a VLK referral are ignored.

The sequence of actions:

• Submitting the report. The serviceman must submit a report addressed to the commander of the military unit asking to be referred to the VLK. Copies of all medical documents (discharge summaries, test results, doctors’ certificates) confirming the illness should be attached to the report.
• Registering the report. To avoid a situation where the report “gets lost”, it must be registered at the military unit’s office. A registered report receives an incoming number and date, which is official proof of its submission.
• Appealing to higher authorities. If the report is ignored, you can file a complaint with higher military bodies, for example through the Ministry of Defense or the Military Law and Order Service. This forces commanders to react and bear responsibility for violating the serviceman’s rights.

A serviceman’s health problems are not only his personal matter but also a question of the army’s combat capability. Ignoring reports can lead to a worsening of health and negative consequences.

Financial payments on discharge for health reasons

On discharge for health reasons, a serviceman has the right to a number of monetary payments. It is important to know your rights in order to receive everything due by law. The list of payments includes:

• a one-time monetary aid in connection with the discharge;
• monetary aid for recuperation;
• monthly bonuses and allowances that were not paid before the discharge;
• additional monetary remuneration provided for the period of martial law;
• compensation for unused annual leave.

The process of discharging a serviceman for health reasons requires consistency and persistence. Despite possible obstacles from the command, strict compliance with the legal norms, official registration of reports and, if necessary, appeals to higher authorities or qualified lawyers will help achieve a positive result. Discharge for health reasons is not only a right but also an opportunity for a serviceman to receive the necessary treatment and return to a full life.

Frequently asked questions

When is discharge from service for health reasons possible?
When a VLK conclusion finds a serviceman unfit for service for health reasons. This is a basis for discharge in the established manner.

What is the procedure for discharge for health reasons?
Passing the VLK, obtaining the relevant conclusion and processing the discharge by the command according to the defined procedure.

What should I do if the VLK found me fit despite illnesses?
You can appeal the VLK conclusion, undergo an additional examination and provide medical documents confirming your state of health.

What documents are needed for discharge for health reasons?
Medical documentation and a VLK conclusion of unfitness; the specific list depends on the situation and the grounds for discharge.

Is a lawyer needed in matters of discharge for health reasons?
Yes, a lawyer will help draw up the report and documents correctly and appeal an unlawful refusal or VLK conclusion.

Need help with discharge for health reasons

LEXON lawyers will help obtain a referral to the VLK, prepare the documents and appeal an unlawful refusal or conclusion. We work online throughout Ukraine, confidentially. Leave a request or call us.

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