Get the VA Disability Gouge
A PRACTICAL GUIDE FOR VETERAN PILOTS
1. File an Intent to File (ITF)
Protects your backpay. Once submitted, you have one year to file a formal claim.
Ensures earliest possible effective date.
File it even if you’re not ready to submit your claim yet.
Cited: VA.gov - Intent to File a Claim
2. Full Disclosure Is Mandatory (Pilots)
VA-rated conditions must be reported on FAA Form 8500‑8, question 18(y).
Concealing VA disability benefits is considered falsification and may lead to:
FAA Letters of Investigation
FAA Letters of Correction
Revocation of pilot and medical certificates
3. Continuous Pursuit Rule
Appeal or refile within 1 year of any VA decision.
Failing to do so resets your effective date and costs you backpay.
Cited: 38 CFR §3.2500 - Continuous Pursuit
4. Don’t Wait on Service Treatment Records (STRs)
You don’t need STRs or a formal diagnosis to file.
Lay evidence (your statement), private records, and the VA’s duty to assist are sufficient to trigger exams.
Cited: 38 U.S.C. §5107 - Duty to Assist
5. Secondary Service Connection = Missed Opportunities.
Don’t wait for the VA to suggest them—you must raise the issue.
Examples:
- Neck → Shoulders
- Back → Hips
- Ankles → Knees
6. Consider Overlooked Claims
TMJ (grinding, jaw clenching while pulling Gs)
Bilateral foot pain (flight boots)
Costochondritis (chest pain/soreness from harness)
Cited: VA Schedule for Rating Disabilities - 38 CFR Part 4
7. Duty to Maximize Benefits
Don’t settle for combined ratings when you may be entitled to separate ratings.
Examples:
10% for each foot rather than one 10% bilateral.
Radiculopathies:
Claim separately as secondary to neck/back.
Even mild incomplete paralysis = 10–20% per extremity.
Consider flare-ups, functional loss, and effects on daily life.
Cited: Morgan v. Wilkie, 31 Vet.App. 162 (2019)
8. Be FAA-Savvy
Avoid triggering FAA issues via careless VA claims.
Work with accredited VA attorneys familiar with the FAA.
📌 Summary Checklist
✅ File an Intent to File early to preserve effective date
✅ Don’t miss the 1-year appeal window or you lose backpay
✅ Disclose all VA-rated conditions to FAA (Form 8500-8, Q18[y])
✅ Avoid “claim sharks” who jeopardize your FAA medical
✅ File without STRs or diagnoses—VA must assist
✅ Think secondaries: shoulders from neck, hips from back, etc.
✅ Look for under-the-radar claims like TMJ, costochondritis, etc.
✅ Use the duty to maximize: seek separate foot, nerve, and radiculopathy ratings
✅ For pilots: protect your FAA medical with careful strategy
