Status of a person with a disability as a result of war for civilians

Injured residents of the liberated Ukrainian territories will be able to obtain the status of a person with a war-related disability.

Thus, at the initiative of the Ministry of Veterans, the Cabinet of Ministers amended resolutions No. 917 of November 21, 2013 and No. 306 of April 25, 2018, which regulate the procedure for establishing the connection between injury and disability. These amendments apply to civilians who have been injured by explosive devices. From now on, the status of a person with a disability as a result of war will be granted not only to residents of the territories controlled by the state authorities of Ukraine, the population injured by explosive devices as a result of the armed aggression of the Russian Federation, but also to those who suffered in the temporarily occupied Ukrainian territories that have already been liberated by the Ukrainian Defense Forces.

According to the press service of the Ministry of Veterans, this means that people who sustained serious health injuries during the Russian occupation, for example, in Bucha or Kherson, will have the right, after the interdepartmental commission of the Ministry of Veterans establishes the fact of health damage in such territories, to apply to medical commissions to establish the relevant causal link, which will allow them to obtain the status of a person with a war-related disability and appropriate social guarantees.

For example, residents of the de-occupied territories who sustained injuries or health damage from explosive devices during the occupation can establish the status of a person with a disability as a result of war. Lawyers of the free legal aid system explain how to obtain this status.

If the injury occurred during the occupation

First of all, lawyers insist that it is not necessary to separately establish a causal link between disability and hostilities during the occupation. It is noted that this can only be done after the territory is de-occupied.

How to establish health damage

To establish the fact of health damage during the occupation from an explosive object, two steps are required:

First, you need to contact a forensic medical expert to confirm the injury from an explosive object.
After that, you need to submit an application to the interdepartmental commission under the Ministry of Veterans to establish the fact of injury as a result of hostilities.

How to apply to the interagency commission

This application can be submitted in paper form - by mail or at the ASC or in electronic form - to the official e-mail address of the Ministry of Veterans: dpi@mva.gov.ua.

What documents are required

The following documents are required to obtain the status of a person with a disability as a result of war due to injury or damage to health from explosive devices during the occupation

an identity document
taxpayer card
conclusion of a forensic medical examination
an extract from the criminal record
an extract from the decision of the expert team for assessing the daily functioning of a person or a certificate of the MSEC or the conclusion of the LCC of a health care institution on the establishment of the category of "child with a disability" for a person under 18
an extract from the URPI on the opening of criminal proceedings
other documents confirming the injury (if any).

Timeframe for consideration

Lawyers emphasize that the consideration of an application for the status of a person with a disability as a result of war due to injury or damage to health from explosive objects during the occupation is carried out within one month. If updated information is received, the review period is extended by 15 days.

At the same time, the decision must be sent within 3 business days after the decision is made.

What to do after receiving the decision

After receiving the decision, take the following steps:

Contact your doctor with the decision of the interdepartmental commission.
Within 5 days, the expert team for assessing the person's daily functioning establishes the causal link between the disability and the injury caused by explosive devices and issues a corresponding extract.
With this certificate, apply to the Department of Veteran Policy of the District State Administration to receive a certificate of a person with a disability as a result of war and a badge "War Veteran - a person with a disability as a result of war".

Володимир Шкаєв

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