Report on referral to MSEK

During consultations, many questions arise regarding the procedure for sending active servicemen to medical examination by the MSEK. Quite a different practice took place. In some units, referrals are refused, citing the fact that they do not have such powers. In other units, referrals are issued and servicemen undergo medical examinations and are assigned disability groups or a percentage of incapacity for work.

  When analyzing the Resolution of the CMU dated December 3, 2009 No. 1317 "Issues of medical and social examination", there are no clauses regarding the specifics of sending military personnel for medical examination.

  Clause 3 defines "Medical and social examination is carried out by persons applying for the establishment of disability, upon the referral of a medical and preventive health care institution after carrying out diagnostic, treatment and rehabilitation measures, in the presence of information confirming persistent impairment of body functions caused by diseases, consequences injuries or congenital defects that cause restrictions on vital activities".

  That is, a person (including military personnel) is sent for a medical examination by a medical and preventive health care institution after confirmation of a persistent violation of the body's functions.

  If you pay attention to the powers of the VLK ( MoD Order No. 402/2008 ), such a commission does not have the right to issue a referral to the MSEK.

  In connection with the lack of a clear algorithm, an appeal was submitted to the Ministry of Health about the work of the LCC in the system of medical institutions of the Ministry of Health. This appeal was further considered by the command of the Medical Forces. But sent the following reply:

  In all health care facilities in the system of the Ministry of Defense of Ukraine, on the basis of outpatient polyclinic care departments, LCCs have been created and are working, including active work on the preparation of documents for establishing the disability of servicemen with their subsequent referral to the Ministry of Health and Welfare.

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  Need legal advice? Contact: Oleksandr Babenko