This “project” consisted of a task-force within the FAA’s Office of Aerospace Medicine whose duty was to reconcile perceived errors between information the FAA had received from the VA and the pilot’s representations on his or her airman medical certificate applications regarding receipt of disability benefits. Specifically, question 18y. on the FAA’s application for airman medical certification (Form 8500-8 or colloquially, MedXPress) asks whether the applicant has ever in his or her life received “medical disability benefits.” If you are like the several thousand individuals who were ensnarled in the “special project,” you will probably agree that your receipt of VA disability benefits does not immediately come to mind when you read that question. Unfortunately, no matter the rationale for not reporting VA disability benefits at question 18y., failing to do so had serious consequences under the “special project” and still has major repercussions today.
When the “special project” was in full force, our firm saw a wide range of FAA responses, from requiring minor corrections to revoking certificates from pilots. The most dire of consequences befell many seasoned pilots, who lost their airman certificates (to include those with ATP certificates) and airman medical certificates. Others were more fortunate and were able to salvage their airman certificates but had to re-establish their eligibility for airman medical certification by submitting medical records and evaluation(s) to the FAA. In these cases, the medical certification review itself often caused collateral damage, as pilots lost their jobs waiting for appointments and for the FAA to review their eligibility for continued medical certification. It was an unpleasant experience for all involved.
While only the FAA can speak to whether the “special project” is totally over, we can say from our perspective that the mission seems to have wound down. We are no longer seeing Letters of Investigation regularly being sent to pilots for failure to report their VA disability benefits (something that we were at one time seeing on a nearly daily basis in our practice). We are seeing Orders of Revocation for cases that were initiated during the full scope of the project. And we no longer see individuals receiving Letters of Correction or Letters of Reconciliation (the letters that were sent to individuals to provide an opportunity to fix their application(s) and re-establish their eligibility to hold a medical certificate).
While the “special project” seems to have slowed down, we are still seeing letters from the “special project” go out to certain airmen. The “current” letter being sent to airmen from the “special project” appears to be directed at individuals whose medical certificates have expired. These could be pilots who may not be flying at all and have let their medical certificate lapse. This letter could also apply to pilots who are flying on BasicMed. It could also apply to pilots who intend to reapply for a new medical certificate in the future. Fortunately, these letters are relatively innocuous, but are still worthy of some action by recipients. To paraphrase, these letters state that the airman has been identified as not having appropriately reported his or her VA disability benefits on his or her application(s) for airman medical certification, but considering the pilot’s last application has expired, the FAA does not require any immediate action. Instead, the FAA directs these pilots to “disclose all reasonably known medical information.” on his or her next application for airman medical certification or application for BasicMed. In other words, the FAA isn’t requiring immediate action – they aren’t saying you have to submit a new application. But, if you do submit a new application for a medical certificate or BasicMed, you must report your medical history and receipt of VA disability benefits appropriately.
It is our opinion that individuals who receive this letter should seek counsel on how to remedy the FAA’s concerns. In some cases, it may be best to avail yourself of the opportunity to apply for a medical certificate and “reconcile” the perceived error(s), so that you can get “right” with the FAA. Even if you don’t intend on holding a medical certificate or following through with the necessary evaluations to establish your eligibility for a new medical certificate, the effort of submitting a new application and undergoing an examination with your Aviation Medical Examiner may be recommended. Otherwise, completing an “amendment” wherein you identify for the FAA that you wish to fix previous error(s) on your medical application(s) may also be a wise course of action to discuss with counsel. If you are flying on BasicMed, it is prudent to ensure that your underlying condition(s) for which you receive VA disability benefits do not prevent your eligibility for BasicMed.
Let me be clear: even though the “special project” seems to be largely completed (for now), this does not mean that the FAA can’t still discover discrepancies on your medical application(s) or that you should misrepresent your medical history and receipt of VA disability benefits on your application(s) for airman medical certification.
