The Law Commission - Beyond the Law

Eligibility of soldiers in compulsory service who have contracted cancer, a serious illness, or a terminal illness.

Soldiers in compulsory service, who enlisted while healthy and during their service were diagnosed with one of a number of illnesses (malignant/incurable) can apply to the Military Medical Committee to receive medical treatment and financial assistance, even though they were discharged from the army due to their condition and without needing to prove a causal connection between their service and the illness they contracted.

This is an exception - the Disabled (Compensation and Rehabilitation) Law provides recognition, compensation and benefits to disabled IDF personnel, however, this applies to cases where there is a causal connection between the service and the disability claimed by the disabled person. It must be proven that the disability was caused during and as a result of service (*to mention a number of exceptions listed in the law).

The Committee for Military Service in the First Instance of the Law aims to provide assistance and treatment in difficult cases, regardless of whether they were caused by military service.

The committee's powers were determined by legislation and provisions regarding this were established in the Disabled Rehabilitation Division's order numbered 80.30.

These instructions have several principles:

A discharged soldier who falls ill with a malignant or incurable disease during compulsory service will be provided with funding for medical treatment and subsistence for a year.

*It should be noted that in certain (and difficult) cases, eligibility can be extended for an additional year.

The disease was discovered during military service and during the IDF recruitment process, after which reasonable efforts were made to discover the disease or there was no reason to suspect its existence.

Appendix A to Directive 80.30 lists a closed list of qualifying diseases and medical conditions.

In cases of another serious illness that is not listed in the appendix, the request will be discussed and a decision will be made in accordance with the medical authorities in the Disability Rehabilitation Division.

Ariel Freiberg, Tort Attorney