Best Ministry of Defence Lawyers in Israel

For the women and men of the security forces (regular and career soldiers, police officers, prison guards and members of the intelligence community), serving the state is a mission that often involves physical and emotional sacrifice. An injury during service, the onset of a chronic illness or coping with post-traumatic stress disorder (PTSD) is often just the beginning of a different kind of battle – the bureaucratic battle against the Rehabilitation Department and the Benefits Officer at the Ministry of Defense.

The process of having a disability recognized and obtaining compensation and rights is complex, exhausting, discouraging and riddled with legal and medical obstacles. Wrong decisions, imprecise wording or mishandling the medical board – all of these can lead to a claim being rejected or to a low disability percentage that does not reflect reality. This is where a Ministry of Defense lawyer comes into the picture. Their role is to shift the balance of power, prove the causal link between service and injury and, above all, ensure that your rights are fully realized.

Which claims and proceedings does a Ministry of Defense lawyer handle?

A Ministry of Defense lawyer handles a wide range of claims and legal and medical proceedings aimed at obtaining recognition, compensation and rights for those injured during and as a result of their security service or in the course of operational activity.

Claim for recognition of a service-related disability

A claim for disability recognition is the first and decisive stage of the process with the Ministry of Defense. Here, the goal is to prove to the Benefits Officer that the person's medical or mental injury was caused “during and as a result of service” – that is, that there is a causal link between the service and the injury.

Injuries and trauma during service

These claims deal with sudden physical harm caused to the injured person as a result of a specific, defined event. Unlike developing illnesses, with injuries it is easier to prove the exact time of the harm. Nevertheless, the burden of proving that the event occurred as a result of service conditions and professional duties rests entirely on the claimant.

Illnesses that developed or worsened as a result of service

Claims for illnesses that developed or worsened as a result of service are among the most complex to pursue with the Benefits Officer. Unlike a sudden physical injury, an illness does not always involve a single, clear event. In many cases, the Ministry of Defense will try to argue that the illness broke out for genetic or other reasons and that its onset during service was merely coincidental. Here, the role of the Ministry of Defense lawyer is especially significant, since they must prove a clear causal link (medical and legal) between the service conditions and the onset or worsening of the illness.

PTSD and mental injuries

PTSD claims are among the most sensitive and complex cases that come before the Benefits Officer. Unlike a physical injury that is visible to the eye, a mental injury is hard to detect from the outside. What's more, post-traumatic injuries in many cases emerge months or even years after the end of security service.

Worsening of a medical condition after recognition

The procedure for worsening of a medical condition after recognition (Section 37 of the Disabled Persons Law) is intended for IDF disabled veterans and members of the security forces who have already gone through the initial recognition process and have already been assigned a disability percentage, but whose condition (medical or mental) has significantly deteriorated over time. In these cases, you can ask to reopen the file and have the change in condition considered, but you must come equipped with an evidentiary basis that supports the claims.

Consequential disability or an additional injury resulting from a recognized disability

Consequential disability (governed by Regulation 9 under the Disabled Persons Law) is a situation in which an injury or illness previously recognized by the Ministry of Defense later caused, directly or indirectly, the development of an entirely new injury. In response to these claims, the Ministry of Defense tries to attribute the new injury to age, genetics or lifestyle, and the role of the Ministry of Defense lawyer is to prove the causal link between the two medical conditions.

Appealing the Benefits Officer's decision

When a Benefits Officer decides to reject a claim, the decision can be appealed. The main body for filing the appeal is the Appeals Committee attached to the Magistrate's Court. The committee functions as a judicial instance in every sense, headed by a judge (or retired judge) alongside two additional members, usually physicians or professionals in the relevant fields. Note that an appeal against the Benefits Officer's decision must be filed with the Appeals Committee within a short period of just 30 days from the notice of rejection, so a lawyer should be involved in the process immediately.

Appealing a medical board decision

Decisions of the district medical board (first tier) can be appealed to the Supreme Medical Board within 45 days of the date the decision was delivered. Here, the issue is not the recognition of the injury itself but the medical rating assigned to the injured person, namely the disability percentage. An erroneous or unfair determination of the disability percentage directly affects the amount of the monthly allowance, the scope of the rehabilitation package and more.

Who can file a claim with the Ministry of Defense?

Eligibility to file a claim with the Ministry of Defense's Rehabilitation Department is defined by the Disabled Persons (Benefits and Rehabilitation) Law and its related laws. The claim is intended for those who were injured (physically or mentally) during and as a result of their service in one of the State of Israel's official security and law enforcement bodies.

Compulsory-service soldiers

Soldiers in compulsory service are entitled to file a claim for any injury or illness caused or worsened during and as a result of their service. The Disabled Persons Law grants compulsory-service soldiers broad protection that (under certain conditions) also covers injuries that occurred while on leave.

Career personnel

Career soldiers are entitled to file a claim against the Ministry of Defense mainly for operational injuries, training injuries or unique illnesses arising from the nature of their service. Routine illnesses or ordinary injuries of career personnel are usually referred to the National Insurance Institute.

Reservists

Reservists are entitled to recognition for injuries or wounds that occurred during their period of active reserve service.

Members of the security forces entitled under the law

Israel Police officers, Border Police officers, Israel Prison Service guards and members of the covert security services (Shin Bet and Mossad) are entitled to file a claim against the Ministry of Defense if they were injured in the line of duty.

How do you file a recognition claim with the Rehabilitation Department?

Dealing with the Rehabilitation Department requires precision, patience and the ability to navigate a meticulous bureaucratic mechanism. To prevent the claim from being rejected outright, you must follow precise steps and attach all the documentation required to prove the link between the injury and the service.

Which documents should you attach to the claim?

The claim documents form the evidentiary basis and rest on two main pillars: documents proving what happened during service (the factual layer) and documents proving the harm – medical or mental (the medical layer).

The importance of medical and military documentation

The most important document in injury claims is Form 141 – the official injury report. This report details the event and is signed by the commander and the unit physician in real time. In addition, it is worth attaching affidavits from commanders and fellow unit members who can describe the event, the service conditions and anything else that may help prove the claim.

The Ministry of Defense examines the causal link and the chronological sequence, so medical documentation is of crucial importance – summaries of visits to the unit physician, referrals to specialist clinics, summaries of visits to emergency centers, tests performed and more.

Is a medical opinion needed?

In most cases, a private medical opinion is essential, and it may be what decides the fate of the claim. A medical opinion helps prove the causal link, hence its necessity. Although the Ministry of Defense does not require a medical opinion at the initial stage, going into the process without an expert opinion may lead to the claim being rejected.

What happens after the claim is filed?

Once the claim, with all its documents, is submitted to the Benefits Officer, the file enters a chain of bureaucratic and medical stages in the Rehabilitation Department. In the first stage, the injured person receives official confirmation that the application has been received, along with a claim file number. Next, the claims unit checks whether the file meets the threshold conditions and begins verifying the facts. In the following stage, once the factual layer has been approved, the file is passed to a specialist physician on behalf of the Ministry of Defense. Based on the specialist's recommendation, the Benefits Officer decides whether to accept or reject the claim. If the claim is recognized, the injured person will be summoned to a district medical board, which will determine the degree of disability as a percentage.

The link between the injury and the service – what must be proven?

For a claim against the Ministry of Defense to be accepted, the central and most important condition is proving the causal link – that is, proving that the medical harm was caused during the service and as a result of the service.

What is a causal link to service?

For the Benefits Officer to recognize the claim, the law provides that the harm must be caused “during the service and as a result of the service.” These are two cumulative conditions that must be proven in full: “during the service” is the chronological link, while “as a result of the service” is the substantive causal link (a direct causal connection between the nature of the service conditions or an exceptional event and the onset of the medical harm).

What is the difference between an injury and an illness?

The distinction between an injury and an illness is one of the most important in the Disabled Persons Law, since it determines the type of evidence to be gathered and the type of claim form the injured person must fill out.

An injury (a sudden event) is physical or mental harm caused by a sudden event that is defined and bounded in time and place. For example, a broken leg from a fall during a march, a shrapnel wound during operational activity, etc. It is relatively easy to prove the causal link to service, and the main evidence is the injury report (Form 141) signed shortly after the event by the commander and the unit physician.

An illness (an ongoing process) is medical harm that develops gradually over time as a result of prolonged exposure to harmful service conditions, chronic wear or accumulated stress. For example, cartilage wear from carrying heavy loads over years, hearing damage and tinnitus from prolonged exposure to aircraft noise, the onset of bowel diseases due to mental stress during service, etc. The burden of proof is complex, mainly because there is no single, isolated event. It must be proven that the service conditions led, over time, to the harm. A medico-legal opinion should be attached to the claim.

What happens when a pre-existing medical condition worsened during service?

When the injured person had a pre-existing medical or mental condition and the service conditions or an exceptional event caused it to deteriorate, the Ministry of Defense does not automatically reject the claim. In these cases, the claim is examined on the track of “causal link by way of aggravation.” In this situation, the disability will be recognized only to the relative extent to which the security service worsened the existing condition (as opposed to disability for the entire harm caused wholly by the service).

What evidence can help prove the circumstances of the injury?

For the Ministry of Defense Benefits Officer to recognize the circumstances of an injured person's injury, a solid evidentiary basis must be presented, built on the injury report, entries from operations logs and war-room logs (documenting exceptional events or proving service conditions), operational orders and weekly schedules proving the nature of the injured person's tasks, testimony and affidavits, initial medical documentation and digital evidence if available (photos/videos from the field, WhatsApp messages, etc.).

What happens if the Ministry of Defense recognizes the claim?

When the Benefits Officer issues a formal decision that the Ministry of Defense recognizes the claim, it means the state is taking responsibility and confirming that the injury, illness or mental injury was caused or worsened during and as a result of the service. However, this recognition is only the first step, since immediately after it is granted, the file moves to the next, decisive stage – determining the degree of disability.

When are you referred to a medical board?

A few weeks after receiving notice that the Benefits Officer has accepted the claim, the injured person will be referred to a medical board to determine the extent of the harm and their disability percentage.

What does the medical board determine?

The Ministry of Defense medical board determines the injured person's degree of medical and functional disability as a percentage. It does so based on fixed criteria in the schedule of criteria of the Disabled Persons Regulations. The decision on the degree of disability has many implications, since it determines the type of monetary compensation, the amount of the allowance and the scope of the rights and benefits the injured person will receive from the Rehabilitation Department.

How is the disability percentage determined?

Disability percentages are determined according to the schedule of medical criteria (the Disabled Persons Regulations). This is a detailed list of impairment items for every organ, illness or mental injury. Members of the medical board are required to match the medical findings to the exact impairment item set out in the law.

Ultimately, the process of determining the percentages is based on a clinical and functional examination at the board, an assessment of the medical documentation and a weighted calculation in the case of multiple injuries.

Temporary vs. permanent disability

The Ministry of Defense medical board determines not only the disability percentage but also how long it remains in force. The difference between temporary and permanent disability is also reflected in compensation and in the length of follow-up by the Rehabilitation Department.

Temporary disability – usually determined in the first years after the injury, surgery or onset of the illness, and generally valid for 6 months to two years. As long as the temporary disability is in force and stands at more than 20%, the injured person is entitled to a full monthly allowance and the medical rights that accompany that degree. At the end of the temporary period, the injured person is summoned to a follow-up medical board to reassess their condition. The board may extend the temporary disability, change the percentages and even determine the disability to be permanent.

Permanent disability – determined when the medical board physicians believe the medical condition has reached a point of stabilization, meaning the injury has become chronic and the chance of significant improvement is slim. In this case, the disability percentage, the monthly allowance and the accompanying benefits are fixed for life.

The Ministry of Defense medical board – how to prepare and what to expect?

Appearing before the Ministry of Defense medical board is a peak stage in the process of realizing your rights. The board is what determines the disability percentage after the Benefits Officer has recognized the injury in principle.

Who takes part in the medical board?

The board is made up of specialist physicians in the field of injury relevant to the case, and the hearing is usually very short, lasting just a few minutes. For the physicians to understand the full severity of the condition, you need to come prepared, and it is advisable to be accompanied by a Ministry of Defense lawyer who will present the legal arguments in the board room.

Which documents should you bring to the board?

The board physicians rely first and foremost on written, objective documentation. You should therefore come to the hearing with an organized, comprehensive file of documents that presents the medical and functional picture in the best possible way. The most important tool is a medico-legal opinion on behalf of the injured person – this opinion should specify the exact impairment items and the disability percentages the injured person is entitled to by law.

In addition, bring the results of relevant imaging and diagnostic tests – CT, MRI, EMG, hearing and tinnitus tests, blood tests, colonoscopy and so on.

Beyond that, the document file should also include treatment summaries and an up-to-date treatment history – for example, follow-up letters from specialist physicians, documentation of paramedical treatments and more.

Additional documents to attach include medication records and documents attesting to functional and occupational impairment (for example, confirmation of sick days).

How do you present your medical and functional limitations?

The injured person's goal at the medical board is to explain and prove how the injury affects their daily functioning – the way to do so is through the medical documentation on the one hand and through the examination of the injured person during the hearing on the other. The hearing before the board is short and stressful, so prepare your arguments in advance, and it is advisable to bring along a senior lawyer who can lead the legal argument and help the injured person sharpen what they say.

Can a lawyer represent you at a medical board?

A lawyer is permitted and authorized to actively represent injured persons during medical board hearings. A lawyer's presence at the hearing is considered one of the most influential factors in determining disability percentages. A Ministry of Defense lawyer can present the legal argument and help the injured person get across the points that prove the harm and the impairment of function. This is especially true given that these hearings are so short and stressful and have a decisive effect on the rest of the person's life.

What do you do after receiving the board's decision?

The injured person has several options, depending on the outcome the board determined. Where the board set a disability percentage that faithfully reflects the injured person's condition, the next step is to move on to realizing and receiving their rights at the Rehabilitation Department. In other cases, where the injured person believes the disability percentage set is unfair, they have the right to appeal to the Supreme Medical Board. Where the decision was issued by the Supreme Medical Board, an appeal can be filed with the District Court – an appeal limited to questions of law only.

You've been assigned a disability percentage – what does it mean?

The medical board's determination of the disability percentage has crucial economic, medical and rehabilitative significance. The disability percentage defines the injured person's status vis-à-vis the Ministry of Defense and falls into three main tiers: recognition without monetary compensation (0%–9%, mainly entitling the person to medical treatment for the injury), a one-time monetary grant (10%–19%), and a lifelong monthly benefit (allowance) (20% and above).

What is the difference between the degree of disability and the recognition itself?

Recognition of the injured person is essentially the stage of legal responsibility, whereas the degree of disability determines the level of compensation. These are two separate stages, chronologically and substantively, so the first stage must be completed to reach the second. Recognition itself is determined by the Benefits Officer at the Rehabilitation Department, and it means that the Ministry of Defense takes responsibility for the injury. The disability is determined at the next stage by the medical board, and its significance is mainly financial – whether, and how much, compensation the injured person will receive from the Ministry of Defense for the injury.

One-time grant vs. monthly benefit

An injured person whom the Ministry of Defense medical board assigned a disability percentage of 10% to 19% is entitled to a one-time monetary grant. The amount of the grant is derived directly from the disability percentage assigned, calculated by multiplying the disability percentage by the benefit base updated under the law.

A monthly benefit (allowance) will be paid to an injured person whom the medical board assigned a disability of 20% or more. These are people whom the injury affects permanently and substantially in terms of earning capacity, functioning and quality of life. The allowance is paid monthly to the injured person for the rest of their life, and alongside it they are entitled to a broad package of benefits.

How do disability percentages affect additional rights?

The disability percentages set by the medical board serve as a direct key to unlocking a broad package of rights and benefits at the Rehabilitation Department and at various state institutions. The higher the weighted disability percentage, the more comprehensive and significant the support package becomes.

The claim was rejected – what can you do?

Where the Benefits Officer has decided to reject the injured person's claim, it is important to know that this is not the end of the road. The defense establishment tends to reject claims on grounds of lack of a causal link to service, limitation periods or claims of a “prior background” that led to the injury. At this point, the fight moves from the bureaucratic track to the legal track, through an appeal to the Appeals Committee (at the Magistrate's Court) or through a request for reconsideration based on new evidence. Later, if the appeal is rejected, further appeals can be filed with the District Court and even the Supreme Court.

What is important to check in the Benefits Officer's decision?

The Benefits Officer's decision is likely to chart the injured person's path forward, so every small detail in it is likely to affect their rights.

When you receive the decision, check its substance – full recognition, partial recognition or rejection. Beyond that, examine the causal-link track – did the Benefits Officer determine that the injury is “causation” (i.e., resulting from the service) or “aggravation” (the service worsened an existing injury)?

In addition, benefits are generally paid from the date the claim was filed (or from the date of discharge – if the claim was filed within a year of discharge). You must make sure that the date stated in the decision is accurate, to avoid losing retroactive payments.

Can you appeal the rejection of the claim?

If the Benefits Officer rejects the claim, the law grants the injured person the full right to appeal the decision before the Appeals Committee attached to the Magistrate's Court. However, the window for action is short, and the appeal must be filed within just 30 days of receiving the rejection letter.

Which documents or evidence may be relevant on appeal?

A medico-legal opinion from a medical expert on behalf of the injured person can dismantle the arguments of the Ministry of Defense's medical advisor and prove a clear causal link between the service and the injury. Also relevant is supplementary factual documentation (war-room logs, patrol reports or operational orders) that was not attached to the original claim and can prove that an event occurred or that service conditions were harsh, as well as medical records from the health fund proving the absence of a relevant medical history before service.

What happens after the appeal is filed?

After the notice of appeal is filed, the case proceeds on a full civil-litigation track. First, the state files a statement of response, followed by a hearing before the judge who chairs the Appeals Committee. Next comes the evidentiary stage and the examination of the experts, and at the end of the proceedings the Appeals Committee issues its formal decision.

Disagree with your disability percentage? How to appeal the board's decision

An injured person who appeared before a district medical board and was assigned a low or unfair disability percentage has the right to appeal the decision. The disability percentage is what determines the amount of the allowance and the scope of benefits due to the injured person, so you should never settle for an erroneous determination.

Appeal to the Supreme Medical Board

The first stop in appealing the disability percentage is the Ministry of Defense's Supreme Medical Board. This is a senior, independent professional body made up of senior specialist physicians. The board has the authority to re-examine the file, re-examine the injured person and, if necessary, change the district board's decision.

Which issues can be raised on appeal

An appeal to the Supreme Medical Board can address a wide range of medical, factual and procedural failures by the district board. These include, among others, ignoring material documents and evidence, errors in applying the impairment items, a mismatch with the injured person's functional impairment and more.

Appealing the Supreme Medical Board's decision

There is no further medical tier at the Ministry of Defense above the Supreme Medical Board, so its decision is final. However, in cases where a legal (not medical) flaw occurred, the fight can continue through a further appeal to the District Court and even to the Supreme Court.

What are the deadlines for filing an appeal?

An appeal against the district board's decision to the Supreme Medical Board must be filed in writing within just 45 days of receiving the hearing protocol and the decision. An appeal to the District Court against the Supreme Board's decision may be filed within 45 days of receiving the decision.

Worsening of condition – when can you request a re-examination?

Under Section 37 of the Disabled Persons Law, an injured person may request a re-examination of their disability percentage on the grounds of a worsening condition. This examination can be requested once every 6 months from the medical board's last decision. In exceptional cases where the injured person's health has suddenly and dramatically deteriorated, a request for re-examination can be filed even before six months have passed, with special approval from the chair of the medical boards.

What counts as a worsening of condition?

A worsening of condition is an objective change for the worse in the injured person's medical or mental condition compared with the condition that existed when their disability percentage was determined. (For example, in orthopedic cases – a deterioration in range of motion; in cases of mental deterioration – functional decline, reduced work capacity and more.)

Which medical documentation should be attached?

For the Ministry of Defense to consider the request, objective, well-founded documentation of the current condition is required (up-to-date diagnostic and imaging tests, treatment summaries from the health funds, an updated medication report and even a private medico-legal opinion).

Can you receive additional disability percentages?

Where the medical board is satisfied, based on the documents and the clinical examination, that the condition has indeed worsened, it is expected to update the injured person's impairment items and increase their disability percentage. An increase in the disability percentage may increase the monthly allowance and the benefits package.

What is the difference between worsening of condition and consequential disability?

Both worsening of condition and consequential disability lead to an increase in the injured person's disability percentage. However, there is a fundamental difference between the two in the medical mechanism. Worsening of condition concerns the same medical condition already recognized by the Ministry of Defense, which has gradually worsened. Consequential disability, by contrast, concerns an entirely new injury in another part of the body – an injury that developed as a direct or indirect result of the original disability.

Recognition of PTSD and service-related mental injuries

Unlike physical injuries that can be seen, mental harm is an “invisible wound,” one that is hard to see. The Ministry of Defense takes a suspicious and thorough approach in order to make sure that the mental injury is truly the result of a military event or events. This is why the process of recognizing mental injuries – particularly PTSD, anxiety disorders and depression – is one of the most complex and sensitive in dealings with the Ministry of Defense.

How do you prove the link between the mental injury and service?

To prove the link between the mental injury and service, two main elements must be proven: a shattering service event and the medical-psychiatric link. That is, the injured person must prove that they were exposed to a shattering event or to extreme, exceptional service conditions amounting to prolonged psychological stress or burnout. Beyond that, it must be proven that those events were the catalyst (trigger) for the onset of the symptoms of that mental condition. This proof is based on a forensic psychiatric opinion from a specialist physician who can formally diagnose the condition and link the service experience to the mental state.

Which documentation may be relevant to the claim?

Apart from the psychiatric opinion, a variety of documents cross-referencing the operational and medical aspects should be gathered – military and operational documents, affidavits from soldiers and commanders, medical documentation, affidavits from family members and documents attesting to occupational functioning.

What happens when the diagnosis is made long after the event?

One of the hallmark features of PTSD is a delayed-onset mechanism. That is, mental symptoms can emerge months, years and even decades after the original traumatic event. In principle, the Disabled Persons Law sets a limitation period of 3 years from discharge for filing claims, but for mental injuries and PTSD there is broad flexibility in the law and case law: the deadline can be extended in cases of a “recorded injury” (Section 32a of the Law), or where it is proven by a psychiatric opinion that the repression mechanism and the characteristics of the injury prevented the injured person from connecting their condition to the service events in real time.

How does a mental health medical board work?

After receiving recognition in principle from the Benefits Officer, the injured person will be summoned to a psychiatric board to determine their disability percentage. The board includes one or more psychiatrists, and unlike a physical examination board, here the assessment is based on conversation and observation.

Which rights may come with recognition as an IDF disabled veteran?

Formal recognition from the Ministry of Defense's Rehabilitation Department gives injured persons a broad and significant safety net. The package of rights, benefits and social support is determined and gradually expands according to the weighted disability percentage set by the medical board.

Medical treatment and rehabilitation

The Rehabilitation Department takes full responsibility for the injured person's health with respect to the condition for which they were recognized, and they are entitled to full funding of treatments and medications, funding of rehabilitation aids or medical devices and even stays at hot springs to relieve chronic pain (for those who meet the criteria).

Benefits and grants

Financial assistance from the Ministry of Defense is determined according to the disability tiers set out in the law:

• One-time monetary grant (10%-19%)
• Fixed lifelong monthly allowance (20% and above)
• Special benefits (high degrees of disability)

Studies and vocational training

An injured person assigned a disability of 20% or more is entitled to full funding of tuition (including the purchase of textbooks and a personal computer) and to a living allowance during their studies.

Housing and home adaptations

Those assigned a disability of 20% or more are entitled to housing loans on preferential terms (purchase, replacement or paying off a mortgage), while special housing grants are given to those with higher degrees of disability.

Disabled persons with severe orthopedic injuries (usually from 35% or 50% in the relevant area) are entitled to full or partial funding of adaptations to their home (widening doorways, installing lifts and more).

Medical vehicle and mobility

Replacement and maintenance of a vehicle for those recognized as injured usually begins at a disability degree of 30% or more for movement and limb injuries, or at a weighted disability degree of 50% or more. Those entitled to this benefit receive a fixed contribution from the Ministry of Defense toward fuel, insurance and ongoing vehicle maintenance, as well as a reduced vehicle licensing fee. In addition, disabled persons with especially severe mobility limitations are entitled to funding for large vehicles with adapted equipment.

Ministry of Defense lawyer or military lawyer – what's the difference?

Although many people tend to confuse the two terms – defense and military – they are two completely different areas of legal practice, operating vis-à-vis separate systems.

A Ministry of Defense lawyer works in the civil-medical sphere vis-à-vis the Rehabilitation Department and the Benefits Officer at the Ministry of Defense. Their role is to obtain recognition of physical or mental harm caused during service, to represent clients at medical boards and to maximize allowances and rights for disabled persons.

A military lawyer (an expert in military law) works in the criminal or disciplinary sphere within the military court system. Their role is to represent soldiers, pre-conscripts, reservists and career personnel accused of criminal offenses such as drugs, desertion, sex offenses and violence.

How to choose a Ministry of Defense lawyer?

A small mistake in wording the claim to the Ministry of Defense or arriving unprepared at the medical board can block injured persons from the rights they are entitled to. Choosing a Ministry of Defense lawyer is therefore one of the most important decisions in the entire process.

Experience with claims before the Benefits Officer

The Disabled Persons Law is a complex and unique area of law. When you need to file a claim with the Benefits Officer, it is advisable to turn to a lawyer who specifically handles claims with the Rehabilitation Department and is deeply familiar with the Ministry of Defense's working procedures.

Experience with medical boards

The medical board is where disability percentages are determined, and the amount of compensation for the injured person derives from them. The lawyer's experience and knowledge are important in these cases, and it is worth choosing someone who knows how to conduct themselves in the board room, how to present medical findings and how to steer the clinical examination.

Experience with your type of injury

Many claims in many diverse areas are handled before the Benefits Officer at the Ministry of Defense's Rehabilitation Department. Each type of injury has its own evidentiary challenges (a claim for a broken leg is not like a PTSD claim, and so on), so make sure the lawyer has a proven track record in cases similar to the claimant's type of injury.

Handling appeals and worsening of condition

A process with the Ministry of Defense may lead to appeals and drag on for years because of a mistake or misunderstanding between the injured person and the Benefits Officer. Therefore, make sure the lawyer is also experienced in filing appeals to Supreme Medical Boards and in litigating before the Appeals Committees at the Magistrate's Court and in the District Court. Make sure the lawyer is well versed in the various proceedings, including worsening of condition and consequential disabilities – complex proceedings that require proper legal handling to realize your rights in the best possible way.

Who actually handles the case?

Especially in large firms, it often happens that the client meets one of the senior partners at the consultation stage, but in practice, the day-to-day handling of the case is passed on to a junior lawyer or an intern. It is important and worthwhile to confirm with the law firm in advance who the main person handling the case is, who will accompany you at medical board hearings and whom you should be in contact with.

Reviews from previous clients

In an age when everything is out in the open online, it isn't hard to find recommendations (or negative reviews) about professionals. Before an initial call and meeting with a lawyer, it is advisable to search online for recommendations, reviews and court rulings related to them. These should be combined with recommendations from relatives, friends and acquaintances. While you cannot rely on these recommendations alone, they offer another perspective on the availability, emotional support and, above all, professionalism that the lawyer provides to their clients.

What should you know about legal fees?

The fees of lawyers representing disabled persons vis-à-vis the Ministry of Defense are largely regulated, capped and supervised by law. The law sets a ceiling on the percentage that may be charged from the one-time grant and from the allowances awarded to the injured person.

At the same time, when the injured person signs a fee agreement, it is important to understand clearly what it consists of, the exact percentage that will be charged from the success and whether the fee also covers representation in appeal proceedings.