Border Guard Sustained Combat Injuries and Later Died from a Heart Attack: Was the Connection Between Death and Service Proven in Court

The mother of a deceased serviceman of the State Border Guard Service of Ukraine requested to declare unlawful the decision of the Central Military Medical Commission, which established that the disease that led to her son's death was not related to military service. The court concluded that it does not have the authority to reassess the medical conclusions of the Central Military Medical Commission if the established procedure was not violated during their adoption.

The Odesa District Administrative Court denied the claim of the mother of a former serviceman of the State Border Guard Service of Ukraine, who requested to recognize as illegal the decision of the Central Military Medical Commission (CMMC) that the disease leading to her son's death was not related to military service.

Circumstances of the Case

The plaintiff's son served in the State Border Guard Service of Ukraine from March 2015 to October 2024. During combat missions, he repeatedly sustained explosive injuries, concussions, and traumatic brain injuries. Decisions of military medical commissions recognized these injuries as related to the defense of the homeland and military service. Additionally, the serviceman was assigned a second disability group related to the defense of the homeland.

In January 2025, the serviceman died. According to the medical death certificate, the cause of death was acute transmural myocardial infarction and cardiac hemopericardium.

After the serviceman's death, his mother applied to the social protection authority to obtain the status of a family member of a deceased Defender of Ukraine. Among the documents required for this status was a certificate of the deceased's direct participation in defense activities of Ukraine. To obtain this, the woman applied to the CMMC of the State Border Guard Service of Ukraine with a request to establish a causal link between the disease that led to her son's death and military service.

Based on the review of the submitted materials, the Central Military Medical Commission concluded that the consequences of the explosive injuries sustained by the serviceman during service have no etiopathogenetic connection with the pathological process that led to the acute transmural myocardial infarction and death. Accordingly, the CMMC adopted a resolution stating that the disease that caused death was not related to military service. This conclusion was challenged by the serviceman's mother in court.

Positions of the Parties

The plaintiff argued that her son's many years in the combat zone, injuries, concussions, constant stress, and deteriorating health caused the development of heart disease, which later led to death. She believed the CMMC unjustifiably refused to establish a causal link and did not conduct a proper comprehensive examination involving relevant specialists.

In contrast, the CMMC stated that during the review of the application, it examined all provided medical and service documentation. The commission emphasized that the consequences of explosive injuries have no etiopathogenetic, physiological, or anatomical connection with the disease that caused the serviceman's death.

Court Decision

The court denied the claim.

The decision states that the Central Military Medical Commission is authorized by law to establish the causal link between the disease that caused the death of a serviceman and military service. For this, the CMMC analyzes medical, military registration, and other documents and then adopts the corresponding resolution.

In case 420/20092/25, the court emphasized that in disputes concerning decisions of military medical commissions, the administrative court only verifies the legality of the decision-making procedure. It is not entitled to assess the correctness of medical conclusions, establish the presence or absence of a causal link between the disease and military service, or effectively replace the CMMC. Such issues fall within the competence of a specialized medical body. The court referred to established practice of the Supreme Court, according to which verification of the correctness of medical conclusions of military medical commissions is not within the powers of administrative courts.

The court concluded that the plaintiff did not prove that the Central Military Medical Commission violated the procedure for reviewing materials and adopting the disputed decision. The court also noted that the Regulation on Medical Examination in the State Border Guard Service of Ukraine, approved by the Ministry of Internal Affairs Order No. 441, applies to the disputed legal relations, not the Regulation on Military Medical Expertise in the Armed Forces of Ukraine, which the plaintiff cited.

Therefore, the court found no grounds to cancel the CMMC resolution or to oblige the commission to reconsider the issue of establishing a causal link between the disease that caused the serviceman's death and military service, and fully denied the claim.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, pages on Facebook and Instagram to stay informed about the most important events.