Procedure for determining disability for military personnel: documents and criteria for the Daily Functioning Assessment Team

Military personnel who have sustained injuries or have persistent health impairments are entitled to undergo an assessment of daily functioning. This procedure allows for the establishment of a disability group or the determination of the degree of loss of professional work capacity. Medical conclusions, diagnostic results, and documents confirming the link between the injury and military service play a key role in the decision-making process.

Experts from the law firm "Actum" explain the details of the procedure and the requirements for documenting the case, while lawyer Yelyzaveta Korobeinikova verified the legal accuracy of the material. The Ministry of Health of Ukraine also provides up-to-date information.

List of documents for undergoing the Daily Functioning Assessment

To establish disability, a military member must undergo an assessment by the Expert Team for the Assessment of Daily Functioning of an Individual (EDF). The process is initiated by an electronic referral, which is prepared by the treating physician or the head of the Military Medical Commission (MMC).

The following documents are attached to such a referral, depending on the circumstances of the case:

• an identity document (Ukrainian citizen's passport or ID card);
• taxpayer registration number (TRN);
• military ID or officer's certificate (if required for a specific case);
• certificate of military service or an extract from the service record (if available);
• MMC certificate or statement and an extract from its meeting minutes (to confirm the causal link between the illness or injury and military service);
• medical discharge summaries, medical histories, conclusions from specialist doctors, and examination results;
• documents confirming the treatment and rehabilitation provided (if available).

As noted by the Ministry of Health, documentation can be submitted in paper or electronic form. If documents are provided on paper, they are scanned and added to the electronic referral.

Military registration documents are not mandatory in every case. The absence of an MMC conclusion on the causal link should not automatically prevent the assessment from taking place, although this document is significant for establishing the cause of the disability.

After a decision is made, the military member receives an extract from the expert team's conclusion. It specifies the established disability group and its cause, or the determined degree of loss of professional work capacity.

Criteria for determining disability after injuries

During the expertise, doctors consider not only the diagnosis but also the extent to which health problems limit the military member's usual life activities.

The following indicators are assessed:

• ability to move independently;
• ability to care for oneself;
• performance of daily tasks;
• ability to work;
• communication with other people.

Particular attention is paid to the state of health after a course of treatment and rehabilitation. It is important to establish whether persistent functional impairments remain and how they affect the person's independence from external assistance.

The consequences of severe contusions, prolonged pain syndrome, or significant impairment of limb mobility can influence the assessment results. However, the specific group depends on the severity of the confirmed limitations, not just the presence of a certain diagnosis.

Disability groups for military personnel

Ukraine provides for three disability groups, which differ in the degree of impairment of body functions and restriction of life activities.

Group I is established for people with the most severe health impairments. They cannot independently meet basic life needs or are able to perform only specific actions and require constant external assistance.

This group is divided into two subgroups. Subgroup "A" implies the highest degree of dependence on others, while subgroup "B" is characterised by severe limitations, under which the ability to perform certain actions may be partially preserved.

Group II is assigned in the presence of pronounced functional impairments. A person may retain the ability to care for themselves, but has significant limitations in mobility, work, or other areas of life.

Group III is established in cases of moderate functional impairments. Under such circumstances, a person may remain independent but requires assistive devices, rehabilitation, or social support.

The final decision is made by the expert team after analysing the provided medical materials and assessing the state of health.