In other words, it is the stated policy of both the FAA and the VA that they share data with other federal agencies and, since 2008, the FAA has notified all applicants for airman medical certificates of that fact.
Quantifying Disability A complicating factor is confusion among veterans, the FAA, and the VA about the meaning of disability benefits. Te FAA stance, at least initially in an investigation, appears to be that any amount of disability payment dictates that the answer to Question 18y be yes. Some veterans say the VA doesn’t con-
sider someone disabled unless impairment exceeds 30% of physical or mental capacity. Tat threshold is the trigger for a veteran to be placed on the so-called “disabled roster,” which brings an individual greater VA benefits. “If you’re 30% or less, you’re not on the
disabled roster,” says a veteran who flew military helicopters for 19 years. “Tey use the disability roster as a litmus test for whether or not you’re considered to have a disability.” Tis veteran suffered bulging cervical spine discs and spinal stenosis, a result of years of flying in a vibrating cockpit, often under the weight and counterweight of night-vision goggles. Periodic brachial plexus has caused numbness and tingling in one of his arms and two of his fingers. “I was only 10%,” he said. “I always
checked no [on 18y].” “Tere are many different explanations
from veterans as to why they answered no to this question,” Yodice says. For instance, a lot of veterans consider VA payments compensation for service to their country. “Te individuals helping these veterans when they exit the military are saying, ‘Tis is something you are entitled to. You served your country. You deserve to be compensated for that.’ ” Yodice adds that 18y is subject to inter-
pretation. “A lot of veterans don’t consider disability benefits to be the result of any existing medical condition that affects anything they do,” she says. “If the FAA
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really wanted to know about programs such as workers’ compensation, VA disability programs … put it in the instructions. Give the individual a fighting chance to answer the question yes before jumping to an accusation of intentional falsification and revoking all the certificates they spent a lot of time and money earning.” Another unfortunate effect of the FAA’s
decision to probe veteran pilots’ disability records? “I’ve had a number of clients with
a condition they needed to disclose that was not going to be disqualifying,” Reigel says. “For whatever reason, they didn’t check the box. Now, they’re stuck.” “It is imperative that the FAA and VA
use a transparent, fair process to resolve any discrepancies in the disability records of veteran pilots,” says HAI’s Viola. “Tat is what we owe our veterans—and it is also essential for the vitality of our aviation community.”
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