Mil CIV 2
In the past, some former military pilots have neglected to be honest about whether they have ever received Veterans Administration (VA) disability payments when they’re filling out their FAA Form 8500-8, commonly known as the FAA medical application. Question 18Y asks the applicant if they have ever received “medical disability benefits.” According to the FAA this means, “The applicant must report any disability benefits received, regardless of source or amount.”
The problem is that many military pilots look at their VA payments as compensation for their service, which is incorrect; they are being paid for disabilities received during military service. “The Guide for Aviation Medical Examiners” states that if you check yes in block 18Y, the FAA may verify with other federal agencies (e.g. Social Security Administration and Veterans Affairs) whether the applicant is receiving a disability benefit that may present a conflict in issuing an FAA medical certificate. This has always been the case, but why the emphasis now, when it wasn’t scrutinized as much before?
Here’s why: in 2015, a German copilot flying for a German airline who suffered from severe depression locked the pilot-in-command out of the cockpit when he got up to use the bathroom. The copilot then crashed the plane
By Marc Stanley
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into the Alps, killing himself along with 149 passengers and crew. The incident was ruled “suicide by airplane.”
In the aftermath of this event, the FAA took a deeper dive into the mental health of American pilots that resulted in federal grand jury indictments of four pilots who had neglected to state they were receiving VA disability for PTSD, depression, and anxiety. In the past two years, other pilots have been fired from various U.S. airlines for failing to disclose disability benefits they were receiving for mental health and other reasons.
Failing to disclose past or present VA disability benefits on your FAA medical application could potentially be a big problem. The penalty for lying on your medical application is usually revocation of the pilot’s medical certificate, pilot certificates and type ratings, and any other certificates held by the individual (e.g. airframe & powerplant). The FAA normally accepts reapplications after 12 months, but only as a student pilot; then it’s up to the FAA to determine if you can pursue other qualifications after that. To be clear, you will not get your old ratings back. You will have to requalify for them. However, a recent trend for failing to disclose VA disability benefits on your FAA medical application includes criminal referral and indictment for violation of
18 U.S.C. § 1001, and if found guilty you can be forced to serve up to five years in prison and pay fines.
If you are someone who has failed to disclose you receive VA disability benefits, it’s not all doom and gloom. The FAA usually gives amnesty to pilots who self-report their failure to disclose their disabilities before it is discovered by the FAA. However, the FAA may choose not to grant amnesty.
The FAA will approve most conditions for which you are receiving compensation, to include PTSD, migraines, and sleep apnea. I highlight these three because this is what the four U.S. pilots were indicted for. There are many veterans who hold medical certificates with the FAA, despite receiving VA benefits. While every case is different, the FAA typically considers a pilot’s current mental health status, whether he/she requires ongoing treatment for symptoms, and the pilot’s level of risk for recurrence of PTSD symptoms. This is the case for sleep apnea as well. As long as you are using your CPAP device and getting tested regularly, there shouldn’t be an issue. Approving migraines depends on how severe and often you have them. PTSD is the fourth most common disability claimed, followed by migraines (ninth highest) and sleep apnea (12th highest). Tinnitus is the most claimed disability.
To be clear, I am not telling you to call the FAA today if you find yourself in this situation. I am providing this information only for your enlightenment. It’s your career. However, if you do find yourself in this situation, I suggest contacting an aviation lawyer for guidance in advance of contacting the FAA. In closing, I contacted the FAA about this article but did not hear back.
About the author: Marc Stanley retired from the U.S. Army in 2015 after 26 years, and transitioned into civilian life to become a corporate pilot flying the AW139. He regularly teaches military-to-civilian transition classes at industry events, and volunteers with veterans outreach programs.
18 Nov/Dec 2022
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