A serviceman returned from the front and learned about cancer: how the court dispute with the Central Military Medical Commission ended

A serviceman who was diagnosed with cancer during combat operations succeeded in court in having the conclusion of the Central Military Medical Commission reviewed.

The Kyiv District Administrative Court recognized that under the circumstances of this case, the causal link of the disease should be defined as "related to the defense of the Fatherland," not just to military service.

The court found the refusal of the Central Military Medical Commission to change this wording unlawful and obliged the commission to reconsider the serviceman’s application, cancel the previous Military Medical Commission decision, and adopt a new decision with the proper wording of the causal link of the disease.

Circumstances of the case

The plaintiff is a combatant mobilized after the start of the full-scale war. He repeatedly took direct part in activities necessary to ensure the defense of Ukraine, including performing combat missions in the Chasiv Yar area of Donetsk region. During his military service, his health sharply deteriorated, and in autumn 2023 doctors diagnosed cancer of the mucous membrane of the right cheek.

After treatment, the serviceman was assigned disability group II and 80% loss of professional capacity, and was later discharged from military service due to health reasons.

Based on the military medical examination, the Military Medical Commission determined the causal link of the disease as "Disease, YES, related to military service." The plaintiff disagreed with this conclusion and argued that according to Regulation No. 402, his disease should be defined as related to the defense of the Fatherland. After the Central Military Medical Commission refused to review the decision, he appealed to the administrative court.

What the court considered

The court analyzed the Regulation on military medical examination approved by the Ministry of Defense Order No. 402, which defines the procedure for establishing the causal link of servicemen’s diseases.

The court noted that subparagraph "g" of paragraph 21.5 of Regulation No. 402 provides the wording "Disease, YES, related to the defense of the Fatherland" if the disease arose or developed to the extent that it led to limitation or loss of fitness for military service during the serviceman’s direct participation in activities ensuring the defense of Ukraine.

Examining the case materials, the court established that the plaintiff documented his direct participation in combat, and the oncological disease was diagnosed while he was serving and participating in defense activities. The court concluded that under these circumstances, this case falls under subparagraph "g" of paragraph 21.5 of Regulation No. 402, and therefore the Military Medical Commission certificate dated April 10, 2024, contained an incorrect wording of the causal link of the disease.

Why the court canceled the decision of the Central Military Medical Commission

The court stated that the Central Military Medical Commission, according to Regulation No. 402, has the authority to review, cancel, and amend decisions of any Military Medical Commission if they do not comply with legal requirements.

Since the court in case 320/13254/25 concluded that the Military Medical Commission certificate contained an incorrect wording of the causal link of the disease, the Central Military Medical Commission was obliged to cancel the relevant decision and adopt a new one. Instead, the commission unjustifiably refused the serviceman’s application.

Moreover, the Central Military Medical Commission did not submit a response to the lawsuit or prove the legality of its decision, although the court requested the relevant documents and explanations. This was also taken into account in resolving the dispute.

Court decision

The Kyiv District Administrative Court satisfied the administrative claim. The court recognized as unlawful and canceled the Central Military Medical Commission’s decision to refuse the review of the Military Medical Commission’s decision regarding the causal link of the disease. The court also obliged the Central Military Medical Commission to reconsider the plaintiff’s application, cancel the Military Medical Commission decision documented by the certificate dated April 10, 2024, which defined the disease as related to military service, and adopt a new decision with the wording "Disease, YES, related to the defense of the Fatherland."

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