VA Disability Claims for Pilots, Aviators, and Aircrew

Flying has always been a dream for many. For some, it becomes a reality through careers in commercial aviation or even recreational piloting. However, for veterans navigating the skies, there are unique challenges that can arise due to disabilities acquired during their service. Understanding how VA disabilities can impact your flying status is crucial, especially for those considering pursuing a career in aviation.

How We Can Help

At Bartlett Legal Group, we take pride in our diverse experience. We have assisted veterans from various branches of the armed forces, including the Army, Navy, Air Force, Marines, Coast Guard, and even commercial airline pilots. Our expertise also extends to representing veteran pilots from elite groups like the USAF Thunderbirds and fighter pilots, as well as aircraft maintenance and crew members.

At Bartlett Legal Group, our VA-accredited veteran lawyers are deeply committed to understanding and addressing the unique challenges facing the veteran pilots. We are dedicated to helping our clients and their families receive the disability benefits they rightly deserve. Contact us today at (850) 332-6434 to schedule a free consultation. This is an opportunity to learn more about how we can assist you with your VA disability claims.

VA Disabilities and Flying Status

For veterans receiving disability benefits from the Department of Veterans Affairs (VA), the question of how their disabilities may impact their ability to fly post-service is a valid and important concern. The impact of VA disabilities on flying status varies significantly based on the severity and nature of your service-connected disability.

As you navigate the complexities of disability benefits, understanding how your disabilities may affect your flying status becomes crucial. While some disabilities may not pose significant obstacles to your flying status, others could potentially disqualify you from certain aviation roles.

For instance, disabilities affecting vision, motor skills, or cognitive function may raise concerns about fitness for flying duty.

Navigating the intersection of VA disabilities and flying status necessitates expert legal guidance tailored to veterans’ unique circumstances. At Bartlett Legal Group, we understand the intricacies of the aviation industry. Additionally, we have extensive experience assisting veteran pilots from diverse backgrounds and military branches, including those with VA disabilities affecting their flying status.

We are dedicated to providing personalized legal support to help you comprehend the implications of your disabilities on your flying certificate and navigate the VA disability benefits claim and appeal processes.

FAA Medical Examination Disqualifying Conditions

The Federal Aviation Administration (FAA) oversees the medical certification process for pilots in the United States, including commercial pilots. As part of this process, pilots are required to undergo medical examinations to ensure they meet the physical and mental standards necessary for safe flying.

The FAA maintains a list of disqualifying medical conditions that could prevent an individual from obtaining or maintaining a pilot’s license. Some of the conditions listed include:

Heart Conditions: Significant heart conditions such as myocardial infarction, coronary heart disease that has been treated or, if untreated, that has been symptomatic or clinically significant, and heart replacement or heart transplantation.

Neurological Disorders: Conditions such as epilepsy, disturbances of consciousness without satisfactory explanation of cause, or transient loss of control of nervous system function(s) without satisfactory explanation of cause.

Mental Health Disorders: Certain mental health conditions such as bipolar disorder, psychosis, or personality disorder that are severe enough to have repeatedly manifested themselves by overt acts.

Substance Dependence or Substance Abuse: Current clinical diagnosis of substance dependence or substance abuse.

Miscellaneous Conditions: Conditions such as insulin-dependent diabetes mellitus, disturbance of consciousness without satisfactory explanation of cause, and bipolar disorder.

It’s important to note that having a VA disability does not automatically disqualify someone from becoming a pilot, but individuals with disabilities must undergo a thorough evaluation to determine their fitness for flying.

The FAA may grant special issuance of medical certificates on a case-by-case basis, allowing individuals with certain medical conditions to fly under specific conditions or limitations.

Pilot and Aviator Veterans Statistics

Understanding the statistics related to pilot and aviator veterans is crucial for addressing their unique needs. Accurate data helps in identifying the specific challenges that veteran pilots face, particularly regarding injuries, reporting, and obtaining VA benefits.

Injury Statistics

Pilots and aviators commonly suffer from neck, cervical spine, back pain, and PTSD. Surveys indicate that these injuries are prevalent among aviators at higher rates compared to other military roles. For example, a 2019 Department of Defense survey found that 85% of US helicopter pilots reported neck, back, and leg pain.

Reporting Injuries

Many aviators hesitate to report injuries because they fear being grounded. This underreporting is significant, with a 2020 report by the North Atlantic Treaty Organization (NATO) revealing that 62% of pilots suffering from conditions like “helo hunch” did not seek medical treatment. Such reluctance impacts the ability to document in-service injuries properly.

VA Benefits for Injured Aviators

Access to VA benefits can be challenging for pilots and aviators. Statistics show that aviators often face higher denial rates for VA claims compared to other veterans, primarily due to the lack of in-service injury documentation. However, many VA disability appeals are successful, highlighting the importance of persistence and proper documentation.

Statistics and a recent publication on Rotor Media also show that the FAA revoked flying certificates for 60 pilots with diability benefits due to differences between FAA medical records and VA disability rating.

VA disability ratings are determined based on the physical and psychological impact of conditions that occurred during or were exacerbated by military service, rather than solely on the individual’s ability to work, as is the case with Social Security disability benefits.

Impact of Non-Reported Injuries on VA Claims

Non-reported injuries significantly affect the likelihood of receiving VA benefits. Veterans who fail to document their injuries during service find it harder to prove their claims later.

Nonetheless, data shows that claims supported by lay statements and alternative evidence have a higher success rate, even when official military medical records are incomplete.

Most Common Injuries Suffered by Pilots, Aviators, and Aircrew

As individuals in high-risk occupations, pilots, aviators, and aircrew members are prone to specific injuries unique to their line of work. Understanding the most prevalent injuries among these professionals is crucial for effective legal representation in VA disability claims.

High-Speed Aircraft Injuries

Pilots operating high-speed aircraft, such as fighter jets and jet-type aircraft, are susceptible to a range of injuries due to the intense physical demands of their roles. The high-speed maneuvers and gravitational forces experienced in these aircraft can lead to severe neck and cervical spine injuries.

Additionally, degenerative spinal diseases accelerated by G-Forces are common concerns, potentially mirroring spinal degeneration seen in elderly veterans.

Helicopter Cockpit Injuries

Helicopter pilots face unique ergonomic challenges due to the one-size-fits-all design of most helicopter cockpits. This design can impact posture and long-term health, contributing to frequent occurrences of neck, back, and leg pain among aircrew members.

The “Helo hunch” phenomenon, characterized by a forward-leaning posture, is a common issue reported by helicopter pilots. According to a 2010 Department of Defense survey, a staggering 85% of helicopter pilots reported experiencing pain related to cockpit ergonomics.

Common Aircrew Injuries

Aircrew members often grapple with seating issues, as the use of jump seats, cruise boxes, and poorly supported canvas seats can result in inadequate seating support. Consequently, many aircrew members experience back problems stemming from prolonged periods in these less-than-ideal seating arrangements.

Understanding and addressing these prevalent injuries is vital in advocating for the rights and well-being of veteran pilots, aviators, and aircrew members when pursuing VA disability claims.

PTSD in Aviator and Aircrew Veterans

Post-Traumatic Stress Disorder (PTSD) is a prevalent mental health condition among veterans, impacting their overall well-being and daily functioning. Aviators and aircrew members are particularly susceptible to PTSD due to the traumatic experiences they encounter during their military service.

Military pilots may be exposed to high-stress situations such as near-missile strikes, ground fire, and the emotional toll of transporting wounded or deceased servicemembers.

At Bartlett Legal Group, we understand the unique challenges that aviators and aircrew veterans face when dealing with PTSD. Our experienced team of VA-accredited lawyers can provide legal guidance and support in filing VA claims for PTSD, ensuring that you receive the necessary compensation and assistance for your condition.

If you are an aviator or aircrew veteran struggling with PTSD, contact us today at (850) 332-6434 or submit this contact form to learn how we can help you navigate the process of seeking VA benefits for your condition.

How to Get VA Compensation for Injuries That Weren’t Reported

When personnel don’t report injuries during military service, it can create challenges in obtaining VA compensation. Military aviators and aircrew members may hesitate to report injuries due to the fear of being grounded or the belief that minor injuries will heal on their own.

However, it is important to address these unreported injuries to ensure future disability claims and VA compensation.

Requirements for Proving Service Connection

To establish service connection for unreported injuries, certain requirements need to be met. First, there must be a current medical diagnosis that verifies the existence of the injury.

Second, there should be evidence of an in-service event or incident that may have caused or contributed to the injury. Lastly, you must establish a nexus or a link between the current injury and the in-service event.

Alternative Evidence

When direct evidence is lacking, alternative forms of evidence can be utilized. Lay statements from fellow servicemembers or family members who have knowledge of the injury can be valuable.

Additionally, any other supporting evidence such as medical records, incident reports, or performance evaluations should be gathered to strengthen the case for service connection.

Veterans Appeals Attorneys

If your VA benefits claim has been denied, seeking legal assistance can significantly increase your chances of a successful appeal. At Bartlet Legal Group, our team of experienced VA Appeal attorneys specializes in appealing denied VA claims, offering comprehensive support and legal representation to veterans seeking the benefits they deserve.

Our dedicated VA appeal attorneys understand the intricacies of VA law and are committed to providing unwavering support to veteran pilots and aircrew members throughout the appeals journey. Additionally, we offer assistance to Air Force veterans who were a part of special forces operations, such as Pararescuemen and Combat Control Teams.

In Conclusion

While VA disabilities can present challenges for veterans aspiring to fly, they do not necessarily preclude individuals from pursuing careers in aviation. A veteran can be receiving a 100% disability rating with the VA and still be cleared by a FAA Medical Examination.

With proper guidance, support, and advocacy, veterans can overcome obstacles and achieve their goals of taking to the skies.

Disclaimer: This page is intended for informational purposes only. It is not legal or medical advice. Individuals with VA disabilities considering pursuing a career in aviation should consult with qualified professionals for personalized guidance tailored to their specific circumstances.

Are you an injured pilot or aircrewman who needs help with their VA disability claim? We can help!

It is crucial to recognize and address the unique challenges and injuries faced by veteran pilots and aircrew members when pursuing VA disability claims. Bartlett Legal Group is committed to understanding the specific needs of aviators and aircrew and providing tailored legal support to ensure you receive the benefits you deserve.

If you are an injured pilot or aircrewman struggling with your VA disability claim, don’t hesitate to seek assistance. Contact us today at (850) 332-6434 or submit our contact form to schedule an appointment. Our team can help you start the appeals process and secure the benefits you rightfully deserve.