MILITARY LAW
Do you disagree with a Military Medical Commission conclusion, have you been denied a payment, or is there a dispute over discharge, military pay, benefits or military service? We first review the documents and determine what decision has already been made, who made it and how it may be challenged.
We assist service members and their families with Military Medical Commission matters, service reports, orders, discharge, payments, military pensions, housing support, veteran status, military registration and judicial review.
WHAT CLIENTS CONTACT US ABOUT
In military law, knowing only the problem is not enough. It is important to identify the procedural document, the date of the decision, the authority that made it and the applicable route for further challenge.
Your health condition has changed, a diagnosis was not taken into account, the fitness determination is in doubt, or the grounds for a control or repeat examination and challenge need to be reviewed.
The grounds for discharge, medical documents, order, service reports and compliance with the required procedure need to be reviewed.
Military pay, compensation or another payment was not accrued, was paid only in part, or a government authority refused to provide it.
The report was submitted but no answer was provided, a negative decision was made, or the next procedure for protecting the right needs to be determined.
It is necessary to review the grounds for registration, payment entitlement, pension recalculation, issuance of a certificate or another form of support.
The dispute concerns payments, documents, social guarantees, inheritance issues or confirmation of legally significant circumstances.
Nikolay NemkovManaging Partner, Konsultant Law Firm
NIKOLAY NEMKOV ON MILITARY-LAW DISPUTES
A service report, order, Military Medical Commission conclusion or formal refusal starts a particular legal procedure and may affect the deadline for further challenge. We therefore begin by reconstructing the sequence of documents and decisions.
LOGIC OF A MILITARY-LAW DISPUTE
A complaint about “unfairness” rarely resolves the problem by itself. It is necessary to establish which authority made the decision, what legal rule governs it, what evidence the service member has and where the matter should actually be taken next.
A Military Medical Commission conclusion, order, refusal of payment, response to a service report, military commissariat decision or another document.
We compare the factual circumstances with the documents and review whether the required decision-making procedure was followed.
Medical records, service documents, calculations, service reports, government responses and other supporting materials.
We determine whether a new service report, application, complaint, submission to a competent authority or judicial review is required.
The main task is not to send as many complaints as possible, but to direct the correct demand to the authority that can actually resolve the particular issue.
WHAT WE DO
We review orders, extracts, service reports, Military Medical Commission conclusions, medical records, government responses and other materials.
We review the grounds for the decision and identify circumstances that may matter if it is reconsidered.
We determine which service, medical, financial or other documents need to be obtained and submitted.
We formulate the facts, requests and legal grounds for the particular situation.
We identify the competent review procedure and prepare a reasoned document supported by evidence.
We prepare administrative and other procedural documents and represent the client’s position in court.
Where grounds exist, we analyze the decision and prepare the position for the next judicial instance.
We determine the next steps after a favorable decision or court judgment is obtained.
MILITARY MEDICAL COMMISSION
Military medical examination assesses health under the applicable requirements. If the conclusion is disputed, it is important to determine which illnesses and health impairments are documented, what examinations were performed and what information was available to the commission.
We review:
In a health dispute, a consistent medical history is stronger than simple disagreement with the commission’s conclusion.
NOT JUST THE DIAGNOSIS
For military medical assessment, not only the name of the diagnosis matters, but also the objectively documented health condition, degree of functional impairment, examination results and other medical criteria provided by the applicable rules.
We therefore do not assess prospects from the statement “I have this diagnosis.” We first review the medical records and the objective indicators recorded in them.
The question for review is not “does the illness exist?” but “what documents prove the health condition and how should it be assessed in the particular situation?”
MILITARY SERVICE
If a service member raises an issue concerning discharge, transfer, leave, payment or another service decision, the request, grounds and attachments need to be stated correctly and proof of submission should be retained.
The request should be formulated unambiguously.
The facts and documents supporting the request should be stated.
Medical, family, service and other supporting documents.
The date of submission may matter for subsequent steps.
We review the substance of the decision, not only the fact that a response exists.
After the response or absence of a decision, we determine the next legal step.
Problems often arise not because no service report was written, but because its contents and evidence do not correspond to the legal objective.
ENDING MILITARY SERVICE
The possibility of discharge depends on the type of military service, the particular service member’s circumstances, the current legal regime and documents supporting the relevant ground.
We therefore do not promise discharge based on a description alone. We first analyze the service member’s status, documents, service reports, medical or family circumstances and decisions already made.
What legal circumstance the service member relies on.
How that circumstance is proved.
How the request was formulated and registered.
What command actually decided and in what form.
What next protective mechanism applies to the particular decision.
The statement “I have grounds for discharge” must be converted into a legal structure of facts, documents and the correct request.
MONETARY CLAIMS
Service members may receive different forms of military pay, compensation and individual payments. Each claim, however, has its own grounds and supporting documents.
What exactly the service member or family member should have received.
Which facts create entitlement to the particular payment.
Orders, certificates, service records and other supporting materials.
What the government authority did not take into account or what part of the calculation is disputed.
We do not combine every monetary issue under the phrase “payments are due.” We first establish the specific legal basis for each amount.
MEDICAL AND SERVICE DOCUMENTS
If a monetary claim is connected with an injury, illness, trauma, death of a service member or another legally significant event, the documents confirming the circumstances and the entitlement of the particular recipient must be reviewed.
Depending on the situation, we review:
If one document is missing, we first determine which fact needs to be proved and where the relevant document may be located.
AFTER SERVICE
If there is an issue with entitlement to or the amount of a military pension, it is necessary to understand which periods and circumstances were included in the calculation and which specific element of the decision the applicant disputes.
We review documents confirming military service.
We analyze the information used when the pension was awarded.
We identify which element of the calculation is disputed.
We review the formal response, refusal or recalculation.
The dispute should focus on a specific error in entitlement or calculation rather than general disagreement with the amount of the pension.
HOUSING FOR SERVICE MEMBERS
The issue may concern recognition of housing need, family composition, provision of housing, a housing subsidy or another form of support. In such cases, not only the present situation but also the property history of the service member and family members may matter.
Who is taken into account in resolving the housing issue.
What residential property belongs or belonged to the service member and family members.
What decision was made concerning housing registration or continued registration.
Which housing-support mechanism applies to the particular situation.
Before filing a complaint, it is necessary to understand which legal fact caused the refusal or change in housing status.
STATUS AND GUARANTEES
If there is a dispute over issuance of a certificate or recognition of the relevant status, the legal ground and the documents proving the service member’s participation in the circumstances to which the law links that status should first be identified.
If the necessary information is not available to the client, we separately determine which documents may be requested from the military unit, archive or another government authority.
First we prove the legally significant service circumstances. Then we address status and the rights associated with it.
MILITARY COMMISSARIAT
A dispute may concern medical grounds, deferment, military registration, a draft commission decision or another act of the military commissariat.
To assess the situation, we need to see the decision or other document, the medical and other supporting materials, and determine which review procedure applies to that particular act.
We analyze documents concerning health.
We review the particular ground and supporting documents.
We analyze the citizen’s status and the registration issue that arose.
We determine the substance of the decision and the possible procedure for reconsideration.
Do not write a complaint “against the military commissariat in general.” A particular act or decision must be challenged and a particular violation must be proved.
SERVICE MEMBER’S FAMILY
Family members may need legal assistance with documents, monetary claims, social guarantees, inheritance, confirmation of family relationship or challenges to government refusals.
Obtaining and restoring documents relevant to formalizing rights.
Identifying the basis of the particular monetary claim and the required supporting materials.
Reviewing entitlement to a support measure provided by law.
Where the matter concerns inheritance, we use a separate inheritance-law framework.
WHAT TO PRESERVE
Orders and extracts from orders relating to the disputed issue.
The report itself and proof of submission or registration.
Commission conclusions, medical records, extracts and examination results.
Information on military service and circumstances relevant to the claim.
Calculation documents, certificates and information on payments made.
Official decisions, refusals and responses to submissions and complaints.
If a document is missing, that does not mean the dispute cannot be pursued. The first step is to determine which fact must be proved and how supporting evidence can be obtained.
DO NOT DELAY
Different submissions and court claims are governed by different rules and deadlines. It is therefore not possible to state universally that “there are always this many days to challenge a decision.”
During the initial review, we establish the date of the decision, the date it was received, or when the person learned of the rights violation, and then determine the applicable procedural route.
If you have received a refusal, order, Military Medical Commission conclusion or another decision, keep the document itself and proof of the date it was received.
The firm has been practicing since 2007. We handle litigation and complex legal matters for businesses in Krasnoyarsk, Moscow and other regions of Russia.
PRACTICAL APPROACH
In a difficult situation, it is natural to write to several authorities at once. But the number of submissions does not by itself strengthen the position. Different authorities have different powers and resolve different issues.
We therefore first identify the disputed decision and the desired result. Then we choose the authority, procedure and evidence.
The right complaint is not the longest complaint. It is the document addressed to the correct authority, with the correct request and supporting evidence.
HOW TO START
A service report, order, Military Medical Commission conclusion, refusal, medical records or other materials related to the problem.
We establish which decision was made, by whom, when and on what basis.
We determine the necessary evidence, competent authority and sequence of further actions.
We prepare the documents and present the client’s position in the chosen procedure, including court proceedings where grounds exist.
MANAGING PARTNER
Managing Partner, Konsultant Law Firm
More than 20 years of practice in complex property and corporate disputes. Practicing insolvency practitioner.
QUESTIONS AND ANSWERS
Yes. A Military Medical Commission conclusion may be reconsidered or challenged through the applicable procedure. The prospects depend on the medical records, the contents of the conclusion itself and the particular circumstances of the examination.
The possibility and procedure for further examination depend on the grounds, health condition and procedural situation. The current conclusion and medical records need to be reviewed first.
Discharge depends on the service member’s legal status, the Military Medical Commission conclusion, the ground for discharge and the current rules governing military service. The existence of an illness alone does not permit a universal answer.
Keep proof that the report was submitted, establish its contents and determine what decision the relevant authority or official was required to make. The next procedure for submission or challenge can then be selected.
First, the specific type of payment, the legal basis for entitlement and the supporting documents must be identified. The calculation, refusal or absence of a decision can then be reviewed.
Yes, where there are grounds to dispute the decision. Before taking action, the service member’s housing status, family composition, housing history and formal refusal should be analyzed.
Yes. We handle matters involving documents, payments, social guarantees, inheritance rights and challenges to decisions by government authorities.
Yes. We work across Russia. Documents can be provided remotely for the initial review, and the further format is determined by the nature of the matter and the required procedure.
Send the document at the center of the dispute: a Military Medical Commission conclusion, order, service report and response, refusal of payment, military commissariat decision or another official document. Add medical, service or financial records relevant to the situation.
DOCUMENT REVIEW
Briefly describe the situation and state which document you have already received: a Military Medical Commission conclusion, order, response to a service report, payment refusal or another decision.
