Originally Posted by JohnBurke

Perhaps, except for two things: this is the exact opposite of what you're describing, and the government isn't looking for military disability fraud. When the military determines disability, it's not a case of a soldier claiming a disability and that simply being granted: the military looks at each case and assigns a percentage of disability. While it's beyond question that many military disabilities are quite valid, it's also very well known that many are not; I know a number personally who have received disability ratings based on a military assessment, who are anything but disabled. This isn't a case of fraud: the military has made the determination.

The question arises thereafter regarding a disability determined by the military, and its impact on FAA medical qualification. It's very possible for a legitimate disability claim in the military to have no impact on an FAA medical certificate. One can meet military disability standards and be determined worthy of collecting benefits, while at the same time one is perfectly capable of passing a flight physical.

The question here is one of disclosure. If an airman has hearing loss, for example, which is the single most common disability that the Department of Defense processes, then the question is whether the airman can meet the standards under 14 CFR Part 67, to hold a medical certificate. The military disability rating does not invalidate the medical or prevent its issue: these are two different organizations and two different standards. One can hold a military disability and yet qualify for a FAA medical certificate. FAA regulation requires disclosure of the disability and any documentation that goes with it, and the FAA medical standards are what determines the airman's ability to hold FAA medical certification.

On its face, anyone claiming a disbility, and at the same time claiming perfect health raises a question: reconciliation is warranted, either for financial/fraud reasons, or for (in this case) ensuring that one meets the FAA medical standard.

The key here is that this isn't a matter of searching the FAA airman database to find soldiers who might be committing fraud: that would be irrelevant, because the military has already made the disability determination. Rather, it's the opposite: the FAA requires disclosure of numerous conditions, including claims or assignments of disability. Upon that information having been declared, its a matter of determining how it impacts the FAA medical standard, and if it dos not, or if it does and a waiver can be issued, then the FAA medical process can proceed and the medical certificate issued, regardless of the military rating of disability.

The Civil Aerospace Medical Institute (CAMI--FAA's medical hq) is well aware of the difference between military disability ratings and FAA aeromedical standards, and quite aware that one can hold both a valid FAA medical, while holding a military disability rating. The regulation requires reconciliation and verification: disclose it and document it, including any additional testing that might be required to verify compliance with Part 67 standards. Same as anyone else applying for a medical.

When the matter becomes part of an investigation (we see you have a military disability that you didn't disclose...), then it becomes a matter that does need to be handled with counsel, because it's the start of the enforcement process. This process is the FAA looking at regulatory violation, and the violation isn't fraud, but failure to report, as required when applying for a medical certificate. In most cases, this can be handled easily, but one should tread lightly until one has consulted professional assistance.

Services such as AMAS can help, but any letter of investigation should be reviewed by legal counsel before responding. Put another way, you've been handed a weapon which is not safe: don't just pull the trigger. There's a safe way to handle it, and there's a careless way to handle it. Get help.