Originally Posted by
Billy Baroo
This is my situation exactly. I have arthritis in several joints and back problems... which individually are small disability ratings but combined my VA rating is pretty high. While I experience ongoing discomfort due to these conditions, none are limiting as far as my ability to move or perform normal activities. These conditions all occurred on active duty when I was not maintaining an FAA medical.... so they have no record of the diagnosis and treatment of such conditions. Now I have a first class certificate; however, none of my conditions would drive a "yes" answer to the fairly specific questions on the certificate application. I think I have nothing to fear since otherwise I am in good shape, mentally, cardiovascularly, and everything else, my joints are my only issue.
Am I oversimplifying this by thinking I have nothing to worry about?
It depends. Read ALL of the questions. If you've never been hospitalized, had surgery, or collected ANY disability benefits I think you're OK with unreported joint issues (I don't think you're required to report them).
But if you have a VA rating which results in you getting money from the US treasury (I'm strating to suspect you do), then you SHOULD be reporting that per 18(y). The question does not have caveats related to the other questions, it is very black and white. YOU don't get to decide whether the disability issue is relevant, the FAA wants the opportunity to do that for themselves.
The good news... even if you are getting disability and have not reported it, I *think* the feds are going after really low-hanging fruit, which is to say folks with OBVIOUSLY disqualifying conditions (ie mental health, diabetes). I don't *think* they want to prosecute anyone for not reporting a condition which would not even be a certification issue if disclosed.
If you've been getting VA payments but did NOT check the 18(y) box, then you probably need to fix that BEFORE they catch you. Call a lawyer. I'm pretty sure prosecution is not an issue for you. But getting your tickets revoked *might* be an issue if they catch you first. So I would be pro-active. As I've said before, if you're not flying with a disqualifying condition, and pro-actively correct your FAA record before they catch you, I suspect it's just a paperwork drill. But I serioulsy wouldn't stick your head in the sand.
The reason there are more than a few people in this boat has to do with military medicine culture. If you can do your job safely, what military medicine doesn't know won't hurt them... kind of don't ask, don't tell in most cases. But you CANNOT take that attitude to civil aviation... what the FAA doesn't know will get YOUR certs revoked and YOUR arse potentially thrown in federal prison.