Author’s Note: This story has been drafted to maintain the subject pilot’s anonymity. The pilot has authorized his case to be shared and is happy to connect further with any readers who are interested. If so, please contact [email protected] for contact information.
Airman Patrick knows how imperative safety is when operating aircraft. During his 27 years of active military experience, the Airman served as a Special Operations Aviator, Combat Search & Rescue Aviator, and Tactical Airlift Aviator. He was deployed in numerous countries and task forces and received multiple air medals and citations for valor in combat. After military service, Airman Patrick earned his airline transport pilot certificate, added several type ratings, obtained both airframe and power plant mechanic and continued to enhance his skills as an Avionics Technician. His impressive resume speaks for itself. Yet, eleven years later, the Airman received a letter from the FAA that would question his core commitment to safety and aviation.
FAA & VA Investigation Background
In early 2023, the Department of Transportation’s Office of the Inspector General completed an investigation into “applicants for airman medical certification who allegedly made fraudulent, intentionally false, or incorrect statements on an application for airman medical certification regarding the receipt of Veterans Affairs (VA) disability benefits and underlying medical conditions for which they are receiving such benefits.”[i] As a result of the investigation, the VA shared the medical records of veterans who are also pilots with the FAA. The FAA in turn implemented “Change 11” to FAA Order 2150.3C, the Order which regulates the authority and procedures of the FAA Compliance and Enforcement Program. Change 11 noted the FAA had “identified limited circumstances where forgoing legal enforcement action against certain veterans subject to the investigation provides safety advantages that outweigh harm to the public interest caused by forgoing legal enforcement action.”[ii] The limited circumstances were never released, however, it appears the criteria considers the veteran’s condition, the disability rating, and the amount of time the conditions/benefits were not reported to the FAA.
To execute Change 11’s objectives, the FAA created a process for reconciliation. If selected, the qualified veteran received an eligibility letter instructing them to reconcile their airman medical certificate application and get reexamined by their AME before the prescribed deadline. Meanwhile, other veterans received a Letter of Investigation (“LOI”) stating their case was under investigation by the FAA for potential enforcement actions.
The intention of the reconciliation process was to correct the discovered medical discrepancies and recertify veterans in a timely manner. Unfortunately, with hindsight two years later, it is clear the FAA bit off more than they could chew. Early reports suggested around 5,000 veterans were implicated in the investigation. As of the date of this article, it appears that the number is much higher. The project forced veterans to rehash old injuries that had no current sequelae (conditions resulting from a prior disease, injury, or attack). It created a substantial backlog in an already overburdened system which resulted in significant delays for not only veterans recertifying, but non-veteran pilots applying for medical certification. The increased load overwhelmed the available FAA reviewers and fostered communication errors, confusion, and frustration. The investigation continues to affect the industry and the general population as veterans and other pilots are grounded for extended periods of time while they await resolution.
Airman Patrick’s Path to Certification
Airman Patrick reached out to Ramos Law’s Aviation Division shortly after his medical was deferred and he received an ominous LOI referring to his VA benefits. The Airman collects VA benefits for PTSD, obstructive sleep apnea, and various physical injuries he sustained during service. Despite collecting benefits, Airman Patrick, like many veterans, was not currently hindered by the listed conditions. Treatment was not necessary, and he was functioning well both at work and at home.
To clarify his health status, Airman Patrick was instructed by legal counsel to collect the relevant medical records and undergo a proactive psychiatric evaluation for PTSD. The Airman promptly compiled the records and completed the evaluation. The psychiatrist confirmed Airman Patrick did not pose a risk to flight safety and the records noted his sustained positive prognosis. Airman Patrick’s legal counsel then submitted the medical evidence along with a legal report arguing the Airman’s application history (which included a good-faith attempt to disclose his VA benefits over the past 10+ years) was not done in an intentionally false or fraudulent manner. The report confirmed Airman Patrick’s compliance with the FAA’s regulatory process and his qualification for an unrestricted airman medical certificate pursuant to the codified medical standards.
The FAA dropped the legal enforcement action as a result. However, they nitpicked various historic injuries that happened decades earlier. The FAA’s response required Airman Patrick to undergo current evaluations that would be costly and not covered by insurance due to the lack of current clinical need or relevance. After a lengthy back and forth arguing the remoteness of the injury, the current medical policies, and the superfluous nature of the request, Airman Patrick’s case was ultimately appealed to the Federal Air Surgeon’s office. The Federal Air Surgeon’s office rightly cleared the Airman and issued him an unrestricted airman medical certificate as originally requested. Sadly, despite the timely and comprehensive submissions, the process took 14 months from the LOI to the issuance of the airman medical certificate. Airman Patrick was grounded the entire time.
Winning His Medical, Losing His Seat
Airman Patrick did everything right. He addressed his case, by and through counsel, in a professional and expedient manner despite being initially targeted as a veteran who falsified his record and was ripe for enforcement action. The paperwork on which the FAA relied simply did not tell the true story. Once his narrative and medical standing were properly established, the Airman was returned to the unrestricted status he had enjoyed for over a decade and should have regained months earlier. He returned to work as soon as he received his new medical certificate. Unfortunately, the damage was already done.
During the next month Airman Patrick would be subjected to his company’s disciplinary proceedings. The Airman was never given the opportunity to train others or recruit during the pendency of his certificate defense nor offered the proper training upon return to work. Notwithstanding a letter from legal counsel explaining the grounding due to the certification situation, the Airman was (erroneously) told by his superior that he “brought this upon himself as he lied to the FAA about his medical records.” The Airman was eventually let go.
The fact is Airman Patrick won his medical certification case. He was painted as a liar on paper but prevailed in the end. In essence, the VA and FAA investigation required Airman Patrick to confirm what was already established. From the beginning Airman Patrick was viewed as guilty until proven innocent in spite of his meritorious aviation background, experience, and service. The egregious review periods by the FAA in these cases have affected thousands of veterans and turned their lives upside down. A lengthy and convoluted reconciliation process without the ability to maintain medical certification inherently disadvantages the pilot. It does not “outweigh harm to the public interest” as Change 11 supposes. The special project between the VA and FAA is another example of the FAA’s disconnect between their safety policies and the reality of the piloting world.
[i] See FAA Order 2150.3C, Change 11 (August 08, 2023).
[ii] Id.
