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.
I don't agree. My brother, who was a mil pilot, and receives VA disability for OSA, disclosed all of this in order to get his SI for OSA. That was 8 years ago (BTW the military was totally cool with his OSA). So he's been on the SI going on 9 years. Now he just received the letter from FAA Aeromed asking for his Veterans Disability letter (I think that's what he called it). He sent that in with his original paperwork to get his SI over 8 years ago. Why are they asking for it again? I know vets can go back to the VA and seek more disability, but more follows...
It seems for current and former military folks the FAA can easily harass them. What about us pure civilians? What if a civilian pilot has tennitis? What if they never disclose it? What about if a civilian has OSA? What if they never dislcose it? How is the FAA going to know? They won't. It's only the former mil folks that are getting this rub down, because the FAA knows there is a history and they can dig for it if they want. On the civilian side - no. If a civilian doens't want to disclose (stupid) there is no way the FAA can track that down. None (assuming said civilian never files fo SS disability for that condition). Your Part 67 comment is comical. Do you have any idea what additional tests they will ask for? No, you don't. Using tinnitis as an example, you could be jumping thru hopes for a ringing in your ears that most folks have after spending any time around airplanes or other loud noise polluted environments. Is it normal conversation test or a full on hearing test? If the FAA values hearing accuity then they should include it as part of the class 1 medical. But they don't, because it doesn't matter, unless youare one getting VA disability for it. A total contradiction that even you unknowingly point out in your post.
JB do you disclose when you go see the doc for diarrhea? How about a head cold? Do you sneeze and cough during pollen season? Uh-oh, you've got allergies. Better self disclose. That's going to require an SI and lots of testing. Your comment "
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." Is a contradiction. Let's look at tinnitis. Can you hold a class 1 with it - yes. Does the FAA test hearing - no. Does the VA rate it as a disability - yes. If the FAA is not mandating for medical issuance, then why do they care if you have a disability rating for it from the VA? If the FAA knows that there is a difference, then why are they asking former mil folks for their veterans determination letters - again. The only reason the FAA konws they have them is becasue the servicemember submitted them for their SI to begin with in full disclosure. This whole thing - it's silly and some one needs to reign in the FAA on this ASAP. this is total low hanging fruit lazy bureucrat BS. Nothing more. And after they've stressed out, psychologically tortured the airman, caused them to jump thru hoops when the information is provided as part of a original SI issuance and continuation, what is the end objective?
It seems very unfair the FAA is doing this to our veterans. Especially if they've disclosed. That should be it, shut the door. But now they want the VA stuff from my brother - again. He's ****ed. My brother's is 8 pages long. Heck the VA guy even put hypertension in there. My brother has never had an issue at any of his FAA Class 1 medicals with his blood pressure. They way he described it to me is the VA doc tries to find anything that will get a disablility rating, even zero - whereas the FAA, contrary, is looking for anything. It's a total fishing expedition and needs to be shutdown. That's my opinion. If you can pass your first class medical as given, then so be it. The FAA needs not to be concerned. If they don't like it the FAA can change the medical standards for issuance. How about we all get astronaut physicals (which include full pscyhe workups) then. I doubt 80% of us could pass one.
My brother doesn't ***** about it. He just rolls with it. But this little easter egg they sent him this cycle really chapped him. I'm just relaying for him.