Originally Posted by
JohnBurke
Again, you are wrong .
Your brother holds a special issuance. He is subject to a requirement to provide any and all information requested by the FAA at any time during the valid period of his special issuance. All airman, and all holders of special issuance are subject to this same requirement; the FAA issues the certificate, and the exemptions, and the FAA can take them away, re-examine them, or require more data. That is the FAA's perrogative.
Whether you have been asked for additional information is irrelevant, and poses no burden on the FAA; the FAA can and does ask whom it will, what it will, for its purposes, as the authority who has the responsibility to do so. You don't get to dictate what the FAA asks for. The FAA dictates; you provide. It's that simple.
This is not about military vs. civilian, and your brother does not hold a military special issuance. That's a FAA special issuance. Military, or civilian makes no difference. The FAA has requested documentation, and he will provide it, or may find himself without a special issuance or medical. Again, it's that simple.
Oh, there is, and the FAA does it all the time. You can refuse to provide data to the FAA. The FAA can also refuse to issue a medical certificate. Keep in mind that you do not have a right to a FAA airman medical certificate, nor to a pilot certificate.
You're going to have to explain this "military SI" thing. A "mil person" requires a special issuance, but a civilian doesn't? If a person has a condition which requires a special issuance, it doesn't matter if that person has a military background or not. That person has a legal requirement to declare it, and failure to declare it is a violation which may result in suspension or revocation (administrative action), up to and including criminal charges and fines/imprisonment, depending on the circumstances. There are penalties for failing to disclose, or faiilure to make truthful statements on a legal document (eg, airman medical application).
Your argument seems to be that you can get away with it. You sure that's how you want to roll?
Your argument seems to be that military personnel who seek a military disability rating (somthing military personnel must seek, to obtain benefits) are somehow rooted out by the FAA in a quest to unfairly target disabled military personnel. This is not true, and you do not understand either process.
The FAA did not target military personnel. The VA targed FAA certificate holders, while the VA was looking for disability fraud. The FAA tried to stay out of it, until the VA brought legal action.
The FAA has long required applicants to disclose diability claims. Read your airman medical application form. Item 18.y doesn't cite military disability benefits. The applicant is asked if (s)he has, or has ever had medical disability benefits . You could argue that you could get away with some benefits by hiding them from the FAA, and maybe you could, for a time. The FAA can and does discover such things by other means than self-disclosure. Perhaps you hide it for ten years but it shows up during an application for a special issueance for something entirely unrelated, in insurance paperwork, etc (which may become relevant and discovered); now you have a crime on your hands, instead of something you could have disclosed properly. Hide and violate the regulation at your peril, and kepe chanting to yourself that the FAA won't find out. Good luck.
Most of your comments are flawed in premise, and we could address that, but you're not listening, you're beating a drum for your own benefit, and you are agenda-driven here. Your implicit bias is wrong, but very apparent, and any effort to educate you on this matter is clearly wasted. Your commentary smacks of a fantasy world, and is far removed from reality. I focus on reality. If you make it back this way, stop in and say hi...but don't bring your assumptions and agenda with you. We won't be having that conversation again.
He's only required to provide information related directly to his condition to that which the SI was issued. Nothing more. You surely don't know the rules. Read my above post and re-read my previous post.
The FAA is asking for something that no civilian has to provide. That is wrong. Becasue civilians aren't under the purview of the VA. VA is a defined benefit for service members. That is all. Again, you yourself delineated that conditions exist from the military that don't preclude issuance of the FAA medical. You;ve explained how the FAA got invovled, but in my borhters case and many others I've read here they've already provided the information to the FAA as part of an issuance. Which is all they are required. If no issuance is sought, no disability $$ is being recevied, then they don't have to comply. This is akin to the FAA asking all pilots who hold a medical to provide a bullet point list of their medical records. They don't, they can't. This is specifically realted to VA and that means former military folks. That = witch hunt.
Your are obviously not familiar with the VA Ratings Document. Ask a military person about it. In short the VA doc will go thru your entire military medical history and pull out things, some very insignificant, they think will attribute to the person getting the highest disability rating possible. Many things are mundane, some are not. And like my brother, he had OSA so had to get an SI for that. He also had 8 other things listed that he recevied no $$$ for but are listed as service connected medical conditions with disablity rating of zero. None are disqualifying or require any other testing outside of a class 1 medical. However, the FAA has those findings and nothing precludes them from having my brother get one of those "investigated" or tested for further means should they so decide.
No civilian is exposed to that level of disclosure. None. As I said earlier, I'm a civilian, I have an SI and I only have to provide that information to the FAA which is pertinent and salient to my continuation. The FAA has asked for nothing more of my medical history. They can't. the FAA just can't randomly ask any pilot for their medical history. SI or not. If it's an SI, then it has to be a condition related to the SI.
I'm not arguing about the SI, yes, they can ask for anything related to support that issuance. Nothing more though. No fishing expeditions allowed. Unless you are military, receiving disability $$$. The only way they know that is they have disclosed the condition due to an SI requirement.
So again, I'll ask, why is the FAA asking him for a document he has already provided them? Why? Are they hunting for PTSD stuff?? IDK. They don't ask me, they don't ask any other civilian for that level of background, why are they targeting military folks?