FAA Looking at VA Records (Indictments!)
08-31-2018, 07:11 AM
#11
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Posts: 11,496
Originally Posted by USMCFLYR
Not sure it is fraud if the VA gave these people a disability rating based off the VA exams.
The illegal thing is thing not reporting the medical condition to the FAA on a federal form.
The illegal thing is thing not reporting the medical condition to the FAA on a federal form.
From a a Spokane WA newspaper article:
Sebero lives in LaClede, Idaho, about 15 miles north of Sandpoint, but also owns a home on Austin Lane in Spokane, according to court documents.
Sebero could not be reached for comment, and his lawyer, James Parkins, did not return a phone call. Sentencing is set for July 10.
“By his actions, Mr. Sebero disgraced the system that compensates all those veterans who are truly disabled and who are fairly compensated for their injuries in service to their country,” U.S. Attorney James A. McDevitt said in a news release.
Sebero was stationed at Fairchild Air Force Base before telling officials he’d lost the use of his legs while unloading a snowmobile.
He began receiving monthly benefits in 1976 and was netting more than $6,000 a month when the VA halted benefits after his September 2007 examination – his first since 1978, records show.
In the nearly three decades between those appointments, Sebero became a marine deputy for the Bonner County Sheriff’s Office, operated heavy equipment, flew a helicopter and owned a small-aircraft repairs business at Felts Field in Spokane, all while amassing nearly $1.5 million in VA disability benefits, according to court documents.
“Records indicate that on each application for various airman’s certificates, Sebero denied any sort of medical problems or disability,” according to a news release.
He opened the repairs business in 1992 after operating an excavation business for 12 years, according to the U.S. attorney’s office.
Assistant U.S. Attorney Robert Ellis said in October he expected to subpoena Sebero’s two ex-wives and his current wife for the trial to testify about their sex lives with him to further debunk the paraplegic claim, according to previously published reports.
Sebero was facing federal charges for inspecting planes he wasn’t authorized to inspect when authorities learned he’d been drawing disability benefits.
He pleaded guilty in that case last summer and was ordered to pay $10,754 in restitution as a condition of five years probation.
Sebero could not be reached for comment, and his lawyer, James Parkins, did not return a phone call. Sentencing is set for July 10.
“By his actions, Mr. Sebero disgraced the system that compensates all those veterans who are truly disabled and who are fairly compensated for their injuries in service to their country,” U.S. Attorney James A. McDevitt said in a news release.
Sebero was stationed at Fairchild Air Force Base before telling officials he’d lost the use of his legs while unloading a snowmobile.
He began receiving monthly benefits in 1976 and was netting more than $6,000 a month when the VA halted benefits after his September 2007 examination – his first since 1978, records show.
In the nearly three decades between those appointments, Sebero became a marine deputy for the Bonner County Sheriff’s Office, operated heavy equipment, flew a helicopter and owned a small-aircraft repairs business at Felts Field in Spokane, all while amassing nearly $1.5 million in VA disability benefits, according to court documents.
“Records indicate that on each application for various airman’s certificates, Sebero denied any sort of medical problems or disability,” according to a news release.
He opened the repairs business in 1992 after operating an excavation business for 12 years, according to the U.S. attorney’s office.
Assistant U.S. Attorney Robert Ellis said in October he expected to subpoena Sebero’s two ex-wives and his current wife for the trial to testify about their sex lives with him to further debunk the paraplegic claim, according to previously published reports.
Sebero was facing federal charges for inspecting planes he wasn’t authorized to inspect when authorities learned he’d been drawing disability benefits.
He pleaded guilty in that case last summer and was ordered to pay $10,754 in restitution as a condition of five years probation.
08-31-2018, 07:20 AM
#12
Gets Weekends Off
Joined APC: Sep 2009
Posts: 2,230
There’s a lot of military pilots receiving disability for tinnitus and other related ailments. I was told it easy, just go fill out the paperwork and get a check, I asked what about your medical? chirp chirp chirp....
08-31-2018, 07:28 AM
#13
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Joined APC: Mar 2008
Position: FAA 'Flight Check'
Posts: 13,837
This looks a whole lot like what the Feds are REALLY mad about is bogus VA claims
I am assuming they claimed those disabilities and were legitimately given a disability. What they did illegal was not disclose that on the FAA medical form; therefore there is no fraud of the VA. They lied on a federal FAA form.
The guy who reports a disabling back condition to the VA but reports no back problem to the FAA has committed fraud.
They have a back problem, they report the back problem to the VA, they get disability from the VA. All is good to the VA.
They go to the FAA and don't report the problem - well now they have a problem with the FAA, not the VA.
As for your other article - that person committed fraud against the VA and lied on the FAA forms.
08-31-2018, 07:32 AM
#14
Gets Weekends Off
Joined APC: Nov 2014
Posts: 454
Originally Posted by USMCFLYR
What they did illegal was not disclose that on the FAA medical form; therefore there is no fraud of the VA. They lied on a federal FAA form.
"Restricts disclosure of PII (personally identifiable information) that is maintained by
the Federal Government, including VA.
(Information can only be disclosed under
certain situations permitted by law. Otherwise,
information cannot be disclosed without your
prior written authorization.) " https://www.oprm.va.gov/docs/Privacy...ochure_508.pdf
Interesting article on the mismanagement of VA medical records:
https://www.npr.org/sections/health-...cal-facilities
08-31-2018, 07:57 AM
#15
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Joined APC: Mar 2008
Position: FAA 'Flight Check'
Posts: 13,837
Originally Posted by 155mm
I agree but there are laws in place such as HIPPA and the Privacy Act of 1974 that have to be adhered to in order for the FAA to retrieve that "protected information" and/or the VA to disclose it. The process the FAA used to gather or the VA used to disburse that information may or may not have been within the framework of the law ie: court order.
"Restricts disclosure of PII (personally identifiable information) that is maintained by
the Federal Government, including VA.
(Information can only be disclosed under
certain situations permitted by law. Otherwise,
information cannot be disclosed without your
prior written authorization.) " https://www.oprm.va.gov/docs/Privacy...ochure_508.pdf
Interesting article on the mismanagement of VA medical records:
https://www.npr.org/sections/health-...cal-facilities
"Restricts disclosure of PII (personally identifiable information) that is maintained by
the Federal Government, including VA.
(Information can only be disclosed under
certain situations permitted by law. Otherwise,
information cannot be disclosed without your
prior written authorization.) " https://www.oprm.va.gov/docs/Privacy...ochure_508.pdf
Interesting article on the mismanagement of VA medical records:
https://www.npr.org/sections/health-...cal-facilities
This forum is filled with stories of how telling the VA one thing and the FAA another is illegal and how pilot should be careful (and honest). This is just the latest example. I don't know what processes are in place for the exchange of information between the gov't agencies, but I knew enough to know that if I applied for, and was awarded disability for X condition from the VA, that I had better darn well tell the FAA of X condition too.
08-31-2018, 08:19 AM
#16
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Thread Starter
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,261
Originally Posted by ZippyTWS
Having read the article, each of them was receiving disability payments from the VA for conditions they told the FAA they didn't have
(3xMental Disability, 1xChronic Tension Headaches) so I'm not sure getting your heart rate going that the FAA is cross checking all your VA records is warranted.
If your collecting disability for a disqualifying condition that you lied about then you should probably consider rectifying that in some way before they find out.
Chill out with the sensationalism.
(3xMental Disability, 1xChronic Tension Headaches) so I'm not sure getting your heart rate going that the FAA is cross checking all your VA records is warranted.
If your collecting disability for a disqualifying condition that you lied about then you should probably consider rectifying that in some way before they find out.
Chill out with the sensationalism.
But obvious conclusion here is that they cross-checked databases.
It's possible that this started with the VA, ie THEY were looking for fraud, knew these guys were pilots, and consulted the FAA.
But they defendants are not all in one geographic area... makes me think it was a systematic approach.
The "sensationalism" applies if your current VA disability claim does not match your FAA 8500. That's really low hanging fruit for prosecution, not to mention emergency revocation of all airman certs.
08-31-2018, 08:24 AM
#17
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Originally Posted by sherpster
I have talked with retiring military folks who are stressing over VA disability and getting a FAA physical. The FAA will give you a Class 1 medical even if you have all kinds of crap wrong with you. Just report it and deal with it. If you havent reported it yet then contact your regional FAA flight medical office and tell them the TRUTH today and they will get you squared away. They are the medical side of the FAA, not the enforcement side. If it is true these 3 guys were major airline pilots then can you imagine what a dumb move this was for these guys to not report their conditions?????? I have no idea if they will go to prison or not but it would not surprise me if they do. They say the VA hands out disability like candy (true) but the FAA hands out Class 1's like candy also. They dont care about your knee, wrist, elbow, or whatever else you have wrong with you. If you are claiming some mental issue with the VA then maybe you shouldnt be flying until you get that squared away. JUST BE HONEST PEOPLE!
The TAP training and VA advocate groups tell you to maximize every possible medical discrepancy for purposes of VA disability.
But if you're going to need an FAA medical, there are SOME conditions which will be show stoppers. If you're separating, you should research the FAA rules before you try to hit your VA disability rating out of the park.
There are many, many things for which you can have a rating and have no trouble with the FAA. But there are few things (LOC, mental health, cardiovascular to name a few) which will be show-stoppers.
I've flown with guys in the airlines with 80% ratings.
08-31-2018, 08:29 AM
#18
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Originally Posted by Excargodog
I assure you it is:
https://www.jsonline.com/story/news/...ram/930597001/
https://www.cnbc.com/2018/03/22/one-...its-fraud.html
Idaho man pleads guilty in largest ever VA disability benefits fraud case - Spokane, North Idaho News & Weather KHQ.com
Disability claims are based not merely on exams but on the history provided by the patient. Some disabilities, such as PTSD, are based entirely on history.
The proof of fraud is reporting something DIFFERENT on one sworn history than is reported on the other. The guy who reports a disabling back condition to the VA but reports no back problem to the FAA has committed fraud.
https://www.jsonline.com/story/news/...ram/930597001/
https://www.cnbc.com/2018/03/22/one-...its-fraud.html
Idaho man pleads guilty in largest ever VA disability benefits fraud case - Spokane, North Idaho News & Weather KHQ.com
Disability claims are based not merely on exams but on the history provided by the patient. Some disabilities, such as PTSD, are based entirely on history.
The proof of fraud is reporting something DIFFERENT on one sworn history than is reported on the other. The guy who reports a disabling back condition to the VA but reports no back problem to the FAA has committed fraud.
He may well have a serious back problem, and be entitled to disability. He might have just lied to the FAA. Each specific case could be different, and each would have to be addressed on it's own merits. But I suspect the government is operating on the assumption (reasonable in court) that the VA disabilities were diagnosed by medical professionals and are thus real... hence lying to the FAA is the charge.
It's easy to prosecute someone who checked "no" on the FAA form, but is cashing a monthly check from the VA. Harder to disprove a claimed disability beyond a reasonable doubt in court.
08-31-2018, 08:33 AM
#19
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Originally Posted by trip
There’s a lot of military pilots receiving disability for tinnitus and other related ailments. I was told it easy, just go fill out the paperwork and get a check, I asked what about your medical? chirp chirp chirp....
08-31-2018, 08:45 AM
#20
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Joined APC: Apr 2013
Posts: 3,429
Folks, this isn’t hard. If you claim a disqualifying condition on your VA disability, you had better reconcile that on your FAA physical every year. If you haven’t been doing that, probably time to start.
I discussed this at length with both my union FAA expert doctor that we contract with and with my highly experienced AME. They both said the same thing, it isn’t a big deal unless it is a known disqualifying condition. I have VA disability for various issues. We discuss them every year for about 30 seconds and then move on.
Be honest and forthcoming. When you are separating, be mindful of things like sleep apnea and PTSD that the experts in TAP class will encourage you to claim.
I discussed this at length with both my union FAA expert doctor that we contract with and with my highly experienced AME. They both said the same thing, it isn’t a big deal unless it is a known disqualifying condition. I have VA disability for various issues. We discuss them every year for about 30 seconds and then move on.
Be honest and forthcoming. When you are separating, be mindful of things like sleep apnea and PTSD that the experts in TAP class will encourage you to claim.
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