Interesting article on FAA medical fraud investigation

I don't know if the topic is the FAA medical system or the propensity of some veterans to get "everything they can" from the VA whether warranted or not.

I have tinnitus so bad I can hear it over the wind noise of an open window in my jeep at 70 mph. All claimed and annotated with both the FAA and the VA.
 
This has been brewing since the Feds crosschecked the FAA database against the SSI disability database back in California back in 2003. It swept up a bunch of people who were claiming SSA disability but not listing it on the 8500. It was such as "success" that the FAA was looking for ways to duplicate it, and they got egged on by Congressional concern in 2007.

They found a way to duplicate their previous investigation with with a database they already had ready access to, which is VA records.

This is one of those cases where a "low information" pilot can really get their junk in a pinch just by doing stuff "their buddies told them about" and not doing their due diligence, or even understanding it, even though it is not only legal, but completely appropriate and indeed, deserved. What they don't do is connect the dots and make sure they claim it on the 8500. Somehow that part of the briefing always gets skipped and that's how people wind up in a pinch. The problem also stems from the fact that some of the items people claim may be not only disqualifying, but extremely difficult to undo.

If there is one message I can get out to the mil guys and gals, if you go down the disability road with the VA, make absolutely sure that paperwork is tight, tight, TIGHT when it comes to your FAA medical.

FWIW, here is a summary up to 2007 from AOPA:

 
One of the pilots in the article has sleep apnea that he did not report to the FAA. Its not a big deal to the FAA.. It only took a couple of months before I received my medical and all I have to do every year is see my sleep doctor and get a letter saying I have been in compliance using my CPAP and the usage report from my CPAP machine. I don't know why he thought it would have been a big deal.
 
Why not just report them?

There are vets that have genuine PTSD, receiving treatment and benefits but also know that condition wouldn’t fly with the FAA, so they hide it. Then there are other veterans that have conditions requiring continuing treatment and report them as necessary. Some of the easy ones are sleep apnea, orthopedic injuries, partial hearing loss… The harder ones to get approved with the FAA are things like PTSD.

Question 18y is about military disability benefits. That’s pretty explicit and hard to interpret otherwise.
 
The thing of it is, AAM-300 is so incompetent and unpredictable that I don’t blame folks for not disclosing something they don’t think will be discovered. I bet if everyone there had to pass a 1st class every 6 months to keep their jobs the number of deferrals and denials would tank.
 
Question 18y is about military disability benefits. That’s pretty explicit and hard to interpret otherwise.
Actually, some folks might need some interpretation. Technically, a military medical retirement (also called a disability retirement) is not a medical discharge and is not a disability benefit.

While vague on the 8500, the enforcement has recognized these points and it’s investigation has been limited to VA disability benefits and SSDI. This makes since because VA and SSDI reflect current level of disability versus the level that precluded continued military service.

I don’t encourage folks to take a legalistic approach unless they have a good reason. Over-reporting might keep you from being hassled by our friends in Oklahoma City.

We are likely to see more medical retirements as they’ve reduced max TDRL duration to three year from five years.

Refresh my memory, folks. At one time was there a question regarding surgeries? I ask because my past knee surgeries were inpatient and my knee replacement was outpatient. So, I wasn’t admitted to a hospital.
 
Because in many cases they didn't know they had to, and in some cases they were worried that maybe they'd get into trouble.

I honestly still have a very poor grasp of what I should and shouldn't be reporting on medicals - after 20+ years of getting them. The guidance could certainly be better or at least easier. It's a lot like tax returns, where one box has 400 pages of instructions, 99.99% of which don't apply to you. At least with taxes, you can hire a CPA to do them for you, and it is mostly their problem if they had the information and manage to screw it up. Paying an AME to assist filling out MedXpress might not be a terrible idea.

With headlines like this, these clearly aren't isolated problems.
 
I can understand how some guys messed this up due to ignorance. Let's just say, the grasp on civilian aviation regs (or tangentially, medical reporting), is probably tenuous at best for many that didn't previously have any civilian flying experience.

I have heard a lot of these center on PTSD diagnoses, or other mental health issues. Without going off on a soapbox/tangent on that particular topic, it is probably wise to research if what you are about to claim with the VA is considered disqualifying or requiring of a SI with the feds. And if it is legitimate, you have to report it, and go through the process. No bucks, no buck rogers.
 
Actually, some folks might need some interpretation. Technically, a military medical retirement (also called a disability retirement) is not a medical discharge and is not a disability benefit.

I need to correct myself, 18y is medical disability benefits. Those could be DoD, VA, State or federal benefits. 18r & s ask about military medical discharge and medical rejection by military service. Plus 18x: other illness, disability, or surgery. They have their bases covered. I do agree that this appears to be an effort targeting the veterans that are receiving benefits from the DoD or VA, yet not disclosing those conditions on the FAA medical.

About 6 months ago the various advocacy groups warned pilots that OKC would be mailing letters out to select veterans and encouraging them to comply with the letters and correct their medical disclosures.

Something similar happened five years ago, for the same reasons.

 
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