Contrary to what one might expect, the medical examiners who rule on fitness for military service do not, in fact, assess the relationship between an individual’s state of health and their capacity to serve in the armed forces.
The Purpose of Rulings Issued by Regional Military Medical Commissions
Military Medical Commissions (Regional and Central) are tasked with assessing whether an individual’s state of health permits them to perform military service — active service (in the case of military classification, e.g. men who have reached the age of 18) or professional service. By assigning an appropriate category (A, B, D or E in the case of active service, and Z or N in the case of professional service), they place the individual within a given group.
How Are Rulings Made?
One might assume that the medical examiners working within the Commission examine an individual’s state of health and independently assess whether it permits them to perform military service (having regard to its rigours, potential burdens, and the risks arising from particular medical conditions). This is not, however, the case.
The primary task of the examining physicians is to identify all medical conditions affecting the individual, to describe those conditions, and to assign them to the relevant paragraphs and points within the table set out in the Schedule to the Ordinance of the Minister of National Defence (Rozporządzenie Ministra Obrony Narodowej).
What Happens Next?
The remainder of the assessment process is essentially technical in nature — it is the content of the aforementioned Schedule that determines which fitness category must be assigned to the individual, depending on their circumstances (whether they are a person undergoing military classification, a candidate for professional service, or a soldier already serving in that capacity).
Naturally, in certain cases the position is not clear-cut — the Schedule may indicate that a choice of category is available, or it may set out other specific guidance that the physician is required to take into account. Crucially, however, where the table affords the physician no discretion in respect of a particular condition, they are obliged to assign the stipulated category.
What Does This Mean in Practice?
The above circumstances must be borne in mind when considering a potential appeal against a ruling of the Regional Military Medical Commission (RWKL) with which one disagrees. As a general rule, seeking to persuade the Commission that a given condition will not, in our assessment, hinder the performance of military service is a futile exercise. It is far more important to focus on the accuracy of the diagnosis and the correct assignment of conditions to the relevant paragraphs and points in the Schedule.
Our firm is able to provide assistance in such circumstances.