How to appeal a Military Medical Commission (VLK) decision: procedure, deadlines and documents

What an MMC conclusion is and what it affects

The procedure for military medical examination is set out in the Regulations on Military Medical Examination in the Armed Forces of Ukraine, approved by Ministry of Defence Order No. 402 of 14 August 2008, as subsequently amended. Annexed to them is the Schedule of Diseases, Conditions and Physical Defects: it is against this schedule that the Military Medical Commission (MMC/ВЛК) determines the degree of fitness.

The MMC conclusion affects call-up during mobilisation, the type and place of service, deferment on health grounds, discharge from military service and certain payments. So an error in the certificate can have serious consequences.

Fitness categories changed during 2024–2025: in particular, the former “limited fitness” category was replaced by fitness for service in certain units. Check the current wording of the Regulations and the Schedule of Diseases as at the date you read this.

When there are grounds for an appeal

• the commission did not take into account available medical documents or established diagnoses;
• the examination was a formality, without the necessary tests or consultations with specialist doctors;
• a diagnosis was made, but the wrong article or column of the Schedule of Diseases was applied;
• the procedure was breached: the composition of the commission, the way the certificate was drawn up, signatures;
• your health deteriorated after the examination and there are new medical documents.

What to check in the MMC certificate

Get the certificate (certificate of illness) in hand and check:

• whether your personal data are recorded correctly;
• whether all the diagnoses you were examined with are listed in full;
• which articles and column of the Schedule of Diseases the commission refers to;
• what resolution (conclusion) on fitness was adopted;
• the date of the examination, the signatures of the commission members and the seal;
• if temporary unfitness was found, the date of the re-examination.

Also ask for copies of the medical documents on which the conclusion was based. A person has the right to access information about their own health.

Ways to appeal

The options are not mutually exclusive and can be combined:

• a complaint to a higher-level MMC: the regional standing MMC, and then the Central MMC. It may order a control examination and cancel or change the conclusion;
• an application for a re-examination, if new medical documents have appeared or your health has changed;
• a claim in an administrative court, if the procedure or the person's rights were breached.

People often apply to a higher-level MMC first, and go to court if the reply is unsatisfactory or prompt judicial protection is needed.

As a rule, a court does not take the place of the doctors and does not determine the degree of fitness itself. It examines whether the procedure was followed, whether all medical documents were taken into account and whether the conclusion is well-founded. If a breach is established, the court may declare the conclusion unlawful and order a new examination. So in the claim it is important to show not only disagreement with the result but also specific breaches of the procedure.

Common mistakes when appealing

• filing a complaint without new evidence, merely stating disagreement;
• relying on diagnoses that are not confirmed by documents or were made long ago and not updated;
• waiting for a reply to the complaint and missing the time limit for going to court;
• not keeping proof of filing the complaint: a list of enclosures, an incoming reference number, a screenshot of an online submission;
• not attending a scheduled control examination or tests.

Deadlines

The general time limit for going to an administrative court is six months from the day the person learned or should have learned of the violation of their rights (Article 122 of the Code of Administrative Procedure of Ukraine (CAP/КАС)). However, for disputes related to public service, which includes military service, the law sets a one-month time limit. Which limit applies depends on who is applying and what exactly is being challenged, so plan for the shorter one and do not put it off.

How to prepare a complaint

The complaint should state:

• which commission it is addressed to and from whom;
• which conclusion is being challenged: the date, the certificate number and which MMC issued it;
• specific arguments: which diagnoses were not taken into account, which tests were not carried out, which article of the Schedule of Diseases should apply;
• a list of the medical documents attached;
• the request: to carry out a control examination, to cancel or to change the conclusion.

A strong evidence base consists of recent tests, hospital discharge summaries and conclusions of specialists that concern precisely the diagnoses relevant under the Schedule of Diseases. More on this area: military law.

Checklist

• Get a copy of the MMC certificate and the medical materials.
• Compare the diagnoses and articles of the Schedule of Diseases with your documents.
• Gather new or additional test results.
• Choose the route: a higher-level MMC, a re-examination or court.
• Submit the complaint in writing and keep proof of submission.
• Keep track of the deadlines and the reply.

Frequently asked questions

This article is for general information only and does not constitute legal advice. Legislation changes — check the current version or consult a lawyer.