Monday09 December 2024
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Lawyers clarify whether those with herniated discs can be mobilized: a list of spinal conditions that lead to unfitness for service.

Several spinal conditions can serve as grounds for declaring a man unfit for service, but it's not just the presence of a diagnosis that matters. Lawyers have clarified what factors influence the conclusions of the military medical commission and whether mobilization is possible for those with a herniated disc.
Юристы разъяснили, могут ли мобилизовать с грыжей: список заболеваний позвоночника, при которых человек считается непригодным к службе.

Before the call for general mobilization, Ukrainians undergo a military medical commission. The decision made by the medical professionals determines where the individual will serve and whether they will serve at all. "Facts ICTV" learned from lawyers about the spinal diseases that prevent conscripts from being mobilized.

General Mobilization: Spinal Diseases That Exempt from Service in the Armed Forces

A complete list of illnesses that render a conscript unfit for service is outlined in the Regulations of the Military Medical Commission (VVK). Specifically, spinal diseases are mentioned in Article 64 of Appendix 1.

According to this, an individual is considered unfit if diagnosed with:

  • spinal curvature (scoliosis, kyphosis, lordosis);
  • degenerative changes in the spine (osteochondrosis, spondylolysis);
  • spinal and spinal cord injuries;
  • inflammatory diseases of the spine (tuberculosis);
  • other conditions that lead to functional impairments of the spine.

However, the mere presence of a disease does not guarantee that the VVK will declare a conscript unfit. Each case is evaluated individually by the medical professionals.

The impact of the illness on the person’s life is also significant, particularly whether it causes functional impairments in organs and systems. Those with substantial functional impairments are deemed unfit and removed from the records.

"If spinal diseases cause only minor functional impairments, then such individuals are considered fit," — explained the lawyers.

For instance, conditions that lead to unfitness include:

  • infectious spondylitis with frequent exacerbations throughout the year and persistent loss of work capacity;
  • traumatic spondylopathy and spondylolytic spondylolisthesis of grades III and IV with constant pain syndrome;
  • fixed spinal curvature, particularly kyphoscoliosis of grade IV, which causes severe deformation of the thoracic cavity.

If osteochondrosis of the spine, kyphosis, or scoliosis of grade III results in moderate deformation of the thoracic cavity and slight respiratory impairment, patients are considered fit. If deforming spondylosis of grade II and intervertebral osteochondrosis do not require inpatient treatment more than twice a year, the conscript may serve in the Territorial Recruitment Center (TCC) or training units.

The nature of pathological changes in the spine is confirmed through multi-weight loads, radiological studies, and the results of CT and MRI scans. The degree of scoliosis is determined based on radiographs taken in vertical and horizontal positions.

General Mobilization: Does a Spinal Hernia Lead to Unfitness?

Whether an individual can be called up to the Armed Forces with a hernia depends on the functional impairments. Patients who have undergone surgery for the removal or treatment of intervertebral disc hernias are recognized as unfit for 6-12 months.

Those conscripts diagnosed with isolated phenomena affecting no more than two intervertebral discs or vertebral bodies in one or two sections of the spine, deforming spondylosis, or intervertebral osteochondrosis are deemed fit for general mobilization. Single Schmorl's hernias and protrusions of intervertebral discs without serious functional impairments do not result in unfitness.

However, intervertebral disc hernias may provoke degenerative-dystrophic changes in the spine and intervertebral joints, meaning diseases of the peripheral nervous system. For diagnosis, one should consult a neurologist who will refer them for necessary examinations.

"To be eligible for a medical deferment, an individual must confirm this right and provide a certificate for the medical and social expert commission inspection in the form specified by the Ministry of Health," — noted the lawyers.

We remind you that the "Reserve+" app may launch "tracking of summons". Deputy Minister of Defense for Digitalization Yekaterina Chernogorenko explained how this new feature would assist conscripts during general mobilization.

Chernogorenko also announced the launch of an electronic VVK. She explained how medical professionals would assess the fitness of Ukrainians for general mobilization online.