Av8tr1

I still don't understand. You can't get a VA disability rating until you are "out" of the military or getting a medical discharge (which would imply its not fraudulent). So until he is processed for discharge I don't think the VA will even look at him. Once you have a end of service date then you can apply.
https://www.benefits.va.gov/predischarge/


I know there is a C17 pilot flying in the Air Force with no legs and a few others that are still on active duty flying with missing limbs. So it is possible (not likely with one eye as you point out).

What I am having trouble with is the statement that the guy got a 80% rating fraudulently and was kicked out of the military FOR IT. They don't tend to rate you until you are out or on your way out. I could understand getting kicked out of the military and THEN getting an 80% rating fraudulently (which does happen sadly). But not the other way around. Your statement implies that he was kicked out FOR his 80% rating. And that's just not the way it works.

You generally can't get a disability rating until you are scheduled for end of service commitment. There must have been some other reason for his discharge from the military.

Not saying the guy isn't a duchenozzel just saying the way you are explaining it doesn't make sense to me.

rickair7777

Generally, you cannot get a VA rating before discharge/retirement.

But it would be possible to leave AD, get a rating, and then rejoin AD, either on guard/reserve orders for a defined period, or an indefinite recall if needed.

Such a person would forfeit all VA disability pay while on AD.

So it would be possible to be on AD, with a disability rating (payments forfeit). Hypothetically if a fraud investigation occurred during that time period, you could get booted off AD. Going on AD with an 80% rating might plausibly cause someone to look into that...

Or he might have gotten kicked out of guard/reserve. You can have a rating and participate in guard/reserve (I do). You forfeit VA pay when on duty.

Gundriver64

One can get a VA disability REFRADing from active duty transitioning into the Reserves. One can get a disability via a LOD following a deployment. One can also get a disability while being injured on AT/ADT as a Reservist. In this particular individual's case he REFRAD'd from AGR transitioned to TPU status and somehow managed to pick up this rating while going through the process (don't ask me how). An 80% disability implies some serious physical issues and having somebody on flight status with a valid upslip and no unusual waivers raises an eyebrow. It got noticed by the green tabbers and thankfully some justice eaked-out. Your example of aviators flying sans limbs are not typical and I'm sure these aviators had to go through some exhaustive process to get that waiver written.

Lastly, stop implying that I'm BS-ing you. I was involved in the administrative action(s) with this particular individual.

BlackhawkIP

The only way to get a rating is through military separation; either through ETS, MEB/PEB, or retirement. Your guy must have REFRADed from AGR and went through the separation (ETS) physical and then joined a guard/reserve unit after separation (legal and easy to do). That would have allowed him to receive his VA physical and eventual VA rating. Self-reporting to the VA and submitting a form is the only way to stop the disability pay if rejoining the military. Collecting his VA disability pay (or any VA benefit for that matter) while back in the military is fraud, PERIOD.
Making a statement about collecting 80% disability and still flying without waivers "raises eyebrows" only tells of a lack of understanding of the VA or VA disability ratings in general.
I know of several pilots flying for the majors who have greater than 50% disability ratings. What is not realized is that the rating is a combined percentage of multiple injuries/disabilities. Easiest way to explain is give an example.

Let's look at LTC John Doe after 20 years AFS:

ACL tear/knee surgery (limited range of motion)=10%
Torn rotator cuff/surgery(limited range of motion)=10%
IBS (Iraq deployment; continued irritated stomach, diarrhea=30%
L5-S1 degeneration/bulging disc (hard landing, PL)=10%
Sciatica (left leg)=10%
Carpal Tunnel Syndrome (surgery)=0% (started flying a desk at MAJ)
Tinitis (intermittent/occasional, Rt Ear, pistol range/flight line)=10%

This adds up to 80% but the combined VA ratings gives it 59% rounded up to a 60% disability. All of these injuries were due to his military service.

Can he still fly? Receive an FAA Class 1? Absolutely!

What is misunderstood is the individual ratings are added to a Combined Disability rating. A 10% disability is actually a 90% ABILITY. He is 90 ABLE or can do 90% of what someone without an injury can do. If LTC had not blown out his knee during his annual physical fitness test, he would be 100% able. But since he was injured during his time in service, on duty, he is compensated for that 10% ability lost.

When someone serves in the military for 20+ years, they are going to have multiple issues; hence the combined ratings. It doesn't mean they can't hold a meaningful job, fly, or have a 2nd career after their military service.

I have issues with scammers posing as disabled vets or non-disabled people parking in handicapped spots just as everyone else does. I don't have issues with my taxes compensating veterans for injuries incurred while serving in the military so other can pursue a life of self-service.

Rant over......fire away!

rickair7777

The VA is actually pretty good about catching it these days. It may take a while, and the will want the money back if you wait for them to figure it out.

Extended AD, yes (>30 days?).

Guard/reserve (including drills, annual training, or short term orders), you can still collect from the VA, you just get a pro-rated reduction in benefits for every drill or day on orders.

PDRit

As long as you have reported to the FAA med your condition I don’t have a problem. However, if you are pulling a fast one then you should face the 5 years in prison also.

Maybe they will crack the case of the pilots using MIL leave for non MIL Leave duties?

All that Honor and Discipline that other mere mortals can’t fathom....

rickair7777

They? Who's they?

Employers can "crack" down if desired. They are free to contact the member's CO to verify any military leave. For some reason that almost never happens. I've been either CO or XO for many years, I would know. If one of my members was caught taking mil leave while not actually performing military duty I would terminate their career at the very least, kick them out if I could.

Instead, some employers seem to prefer stupid games and harassment in violation of federal law. Seems to me they are more interested in "cracking down" on the performance of legitimate military duty than catching the 1%.


On average, most who have served take that seriously. Some who haven't served can't comprehend it, to them it's just a sarcastic joke.

PDRit

So you admit that there is abuse of the mil leave system? (1% by your estimation) yet you defend them?

How is it harassment if the employer has a right to verify orders? In fact I would say it is a duty to the corporation to assure these are legitimate uses of MIL leave. You are upset and want to wrap yourself in the flag and USERRA, yet it is proven in these indictments that fraud is taking place.

So while you may be honorable your fellow flag/userra waivers who scoff at being questioned about their actions should be the ones ones you are angry with.

Obviously your skin is a bit thin so the humor was lost on you. Maybe a lighten up Francis is in order for you?

rickair7777

The "1%" is a figure of speech, referring to a very small fraction of bad apples which always seems to exist as part of the human condition.

I have heard anecdotally of folks abusing mil leave but have no firsthand experience. Since I've been around a long time I suspect that means it's very rare.

The law is very specific. I said the employers SHOULD verify mil duty in accordance with the law. That would essentially eliminate any abuse at all if every instance of mil leave was routinely verified. In most cases the ONLY legally acceptable means to do that is to contact the CO (believe me, he wants to know if people are claiming mil leavbe when not on duty). In some cases of long-duration orders, the employer may ask for a copy of the orders. Those are the ONLY two legal means for an employer to verify mil duty.

The harassment I referred to is any OTHER burdens imposed on mil members, ANY of which would be a violation of the law. This is quote common as HR and managers like to make up their own policies to discourage mil leave, essentially all of which are a violation of law.


Four indictments out of how many tens of thousands of vets with FAA certs?

Yes I'm upset because you've come where you obviously don't belong, weighed in things which you know nothing of, for the apparent purpose of venting your own personal angst against military members. I don't like people like you... either too much of a coward to serve, or didn't make the grade, and now resent others for their accomplishments.

Try improving yourself to build self-esteem, instead of trying to bring others down to your level. Get lost.

BlackhawkIP

Did not know that for part-time M-day/TPU mil folks, good to know. I was speaking of AD and my own personal experience.