FAA vs VA Disability... Everything Military Veteran Pilots Need to Know

This is an incredibly serious episode with new information that I wanted to get to my fellow veteran pilots receiving VA disability right away. Please use the resources below to inform yourself further about what the FAA plans to do with you if you are receiving VA disability and did not disclose this on your MedXpress application for a medical certificate. There were approximately 4700 US veteran pilots that allegedly didn't disclose this information and the FAA wants to bring all into compliance. Hopefully you are aware having received a certified letter from the FAA. There is amnesty for most, but apparently NOT for the 4th "bucket" receiving 70 percent VA disability and were less than truthful more than once on MedXpress. This will leave a number of pilots grounded and for some, exposed to litigation from AGC-300 (FAA's litigation office). Please reach out to me if you'd be willing to discuss your case on Part 2 of this episode where I plan to bring in a panel of those more knowledgable than me. I'm with you as your brother in arms and am pulling for you. I believe in amnesty for one, amnesty for all. To be continued...

Keep the comments section respectful and supportive. I will delete anything otherwise.

FAA Order 2150.3C with Changes 1-11:

BasicMed Disqualifying medical conditions:

[rickholman]

I did disclose and it was a horrible and expensive experience to fly again. I guess now I am glad I did. It is very stressful, and I feel for all the people who served their country and are now dealing with this. Thanks for the information.

[ianadams]

Excellent video! I have a number of students that have been working with Joe LoRusso and Zeke Dennison, both of whom are aviation attorneys with Ramos Law in Denver. I don’t know either of them, but I have heard good things.

As a veteran, I’m not happy at all with this collaboration between the FAA and the VA. What would be interesting is to see how long some of these unreported conditions have been unreported, and if there were ANY incidents involving people with unreported conditions as a result of their disability? I’m going to guess that there were very few, if any.

[wicked]

Thank you for posting this episode, many of us are affected and now are very concerned. American service men and women defend a constitution and a government that enables citizens to enjoy prosperity and live peacefully.

[raace]

Great video! Last fall I went through the Sleep Apnea process both with AF and FAA. For the FAA they made it simple (with help from my airline union’s medical team) after I received my special issuance the FAA requested I submit all my VA ratings. Just for SA how the FAA asked for my VA data. Your OSA videos helped me understand the AF OSA process, thanks for putting those together!

[nelsonbrandt]

I’m at 90% VA disability with first class medical. Have special issuance for all of it including psych and sleep apnea. Cost me thousands of $$$ and a year and a half to get my medical back. It was terrible.

[eastcoastm]

Keep up the good work on behalf of all veterans who have faa certificates and collect disability benefits because they were awarded to that veteran who earned that disability award!

[ltjrotc]

What's really sad is that they can't do this to non-veterans or non-SSI folks. So if you are a general citizen you can just keep on keeping.

[brianbrown]

Around the 12:20 mark you said something about vets rated at 100% not supposed to work, that is false UNLESS the veteran is rated unemployable (TDIU). I know a lot of retirees who are 100% P&T and gov employees GS-9 to GS-13 as well as a few friends who work for the VA and are 100% P&T.

[claytonstarwalt]

I’m glad I called AOPA on this subject after I retired in 2021 from service on this subject before I got my medical. I had no issues with disability.

[mannygathers]

Great info Steve. Thanks for your research efforts. Hoping to see more positive outcomes for us Vets.

[RP]

Would love to see a part 2. I'm ATC and by the sounds of it, fall into the 4th bucket. I have not received a letter but would love to see an update video.

[ericsd]

Thank you for this! Not a letter getter, but I now understand things much better.

[SpaceMedic]

A message for everyone effected by this. I greatly thank you for your service to our country and I am very sorry for the negative effects that this situation may cause you! You don't deserve this.

[ltcterry]

Good video. A couple thoughts from me. The VA rates you on what’s in your records. If ‘X’ is disqualifying for the FAA, then ‘X’ then whether you skip, decline, or abandon a VA rating claim for ‘X’ it’s in your records. “Have you ever…”

I’m 90% rated. All physical/mechanical. SI for OSA and related minor vision loss. SI initiated before the VA had made a decision - because I knew it was in my records. All disclosed and glad I did.

I have friends going through this. It’s a mess. They all had the mentioned attitude “it’s not welfare-like disability, it’s ‘thank you for your service’.”

FAA medical processes are flawed. If ‘X’ is OK for BasicMed or Sport, but you try for Third Class and fail for ‘X’ you may no longer use Sport or BasicMed where it had just been OK! Silly.

If my son can drive a 5, 000-pound mega pickup in Atlanta traffic, why can’t he be a Private Pilot?

[weswood]

Hi Steve, having a 100% VA disability rating does not mean you cannot or should not be working. There is an addition category called Individual Unemployability or TDIU, during which Veterans can still receive income up to the VA poverty level of $15, 225 per year gross income for veterans under 65 years old while receiving TDIU benefits. This is different from both a 100% scheduler rating or even a permanent and total rating.

Also, you cannot remove a service connected rating once you have been granted it, even if you don't have the condition. It may be reduced to 0%, but it will remain on your VA rating.

[privatepilot]

Okay, as a disabled vet and a FAA Certified Inspector for decades I can lose my private pilots license. I’ve made literally thousands of 8130-3 forms for commercial airplane parts and now I’m not qualified to fly an airplane? More government BS. Just because someone declares I’m not qualified doesn’t mean I can’t safely and legitimately fly an airplane. Baloney.

[rauldiaz]

Thanks for that I appreciate you compiling all. This info.

[veater]

Been fighting with the FAA for a year to get my medical for a PPL due to depression treatment. Active duty for 31 years and still going. Not willing to give up any disability I earn to fly. Hopefully it doesn’t come to that if I’m ever approved to fly.

[carlsmith]

When you go to a CP exam for the VA they can determine if your condition has worsened or gotten better therefore potentially lowering narrating.

[OJAdams]

There is already a pilot shortage. This is going to hurt more than help the issue.