sherpster

You are correct. Physical issues are generally easy. Mental not so much.

sailingfun

Do you think a jury will be influenced by a medical form where the plaintiff states he has no such medical issue?

galaxy flyer

That question has been on the FAA medical application for decades.

GF

742Dash

This can not be emphasized enough. First it was Social Security Disability, now it is VA. It is just a matter of time until pilot medical applications are checked against the pilot's Electronic Medical Records/Electronic Health Records.

HIPAA is just going to be a speed bump in the rush to Protect the Public.

IMO if you are under 60, and especially if you are under 55, everything needs to line up. It is just a matter of time.

rickair7777

No, less than ten years. A quick look at my records shows question 18(y) was not on the form in 2008. That asks about disability *benefits*.

18(x) asks about illness, disability, or surgery. You could easily (beyond a reasonable doubt anyway) claim that you did not have a disability per se, even while collecting VA benefits if the condition was not significantly limiting. Per our previous discussion about the real nature of VA "disability".

rickair7777

I'd probably add the statute of limitations to that number. Retired pilots would presumably be a lower priority, but that doesn't mean they wouldn't get to them if they ran out of more recent "customers". Also if you keep a 2C/3C for post-retirement employment or fun, you're still above the radar horizon.

rickair7777

If the two records disagree, you're probably lying about something.

But it's a moot point, with the addition of 18(y) whether you have a "disability" or any medical condition is irrelevant, you have to disclose the fact that you're getting benefits. Very hard to weasel out of that fact if YOU applied for VA benefits AND the fed is depositing money in your checking account every month...

Gundriver64

Yes, unfortunately there are douche-bags in the military who game the system for $$. Most of the VA claims are legitimate. Some are not. In my outfit we just ran a guy off who was getting an 80% disability, but STILL managing to pass a Class II military flight physical and was flying as a line pilot.

JohnBurke

Yes. The "medical form" is a legal document, and has standing in the court. It's evidence, and a signed form is clear evidence that the signer intentionally made the falsification.

If the signer has previously stated on paper that he or she has a disability (VA) and has accepted money for the disability, it's very hard to create any semblance of reasonable doubt that the signer wasn't fully aware when claiming no disability to the FAA. The paper trail is all there.

Whether or not the signer tries to say he or she has no disability is irrelevant; it's all there on paper, signed, sealed, and now, delivered.

Some don't get it, but sign that form, and you're making a legal statement. Sign your logbook or put information in your logbook, you've signed a legal document, fully admissible. Call the tower after landing, and you're recorded. It's evidence, and send back that 10-day response to the inspector's initial enquiry about a potential violation, and you've just submitted a legal statement that will be used against you. Say something in the cockpit, the CVR picks it up. You've just made a legal statement. Sign the log at the end of the flight; that's a legal document. It's evidence. All of it. As clear, and as sure as a fingerprint, a smoking gun, or blood on the pant leg. It's all legal evidence, and yes, a jury can be convinced with evidence. In fact, in the face of the evidence, a jury is left with little choice, and in the case of a grand jury, the case is presented without opposition.

Take the VA benefits, if merited; that's what it's for. No harm, no crime, no foul. Just don't lie about it later or attempt to have the cake, and eat it too.

That cake is evidence.

decrabbitz

Re: “benefits”, are we talking about money only, or do “benefits” include such things as VA loans, free tuition, etc? If someone has a “0%” rating and receiving no money are they on the radar?