Incomplete Airman Medical File From FAA

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I’ve been dealing with a medical issue with the FAA that was contentious enough, I felt it would be in my best interest to retain a reputable aviation attorney. One of the first things he did was to make a FOIA request to the FAA for a copy of my Airman Medical Records.

Upon receipt of said records, I immediately noticed that the file was incomplete. It was missing the first nine years of my flight training and time building. During this missing time span, I had been issued 6 medical certificates to include my Student Pilot Certificate. What is more worrisome is the missing 61.15 report I submitted for a MVA that occurred 20 years ago when I was in college.

I submitted the 61.15 report correctly within the required 60 days, as well as reporting it on the 8500 form during my next medical exam (and as PRNC on all following medical exams.
Fortunately, the MVA occurred before the FAA really got on the war path about alcohol and substance abuse and it has never been an issue.

My questions/concerns are; where are the rest of my records? Did the FAA lose half of my medical history during the migration from paper to electronic? Or did some intern drop the ball when they were copying my file? Most concerning is, if they did in fact lose all of those records, are they going to try to come back on me and say I didn’t properly report the MVA 20 years ago? I’ve asked my attorney about it on several occasions. He acts like it’s no big deal but, he’s so nonchalant about it, it’s disconcerting.

If the FAA really lost half of my medical records, shouldn’t that be a big deal? If they failed to send them, shouldn’t my attorney be more interested in getting the rest of them? If any of you have any knowledge of lost medical records at the FAA, please let me know. Thanks in advance.
 
So which version of the FOIA record did he get? The FOIA version or the blue ribbon version?
.....Or does he understand the distinction?
 
Thank you for the reply, Dr. Chien. He got the FOIA version. I’m sure he understands the difference between that and the Blue Ribbon. Are you of the opinion that he should’ve requested the Blue Ribbon version? As I understand it, the Blue Ribbon version is more official. Is there more to it than that?

Has it been your experience that the FOIA version is usually incomplete and inaccurate? When I say 9 years of my info is missing, I mean just that. There isn’t even a hint of a document from that time frame. I could understand it if it were missing a few items here or there but that’s not the case. There are no 8500s, no memos, no note that says their dog ate it...nothing. Call me crazy but it doesn’t seem like they’re really providing any freedom of information if you only get 50% of a file with a regular FOIA request.
 
I think this highlights the problems that can develop when a lawyer gets involved in FAA medical matters. Why do you need FOIA to get a copy of your own file?
 
I apologize. I misspoke. It’s not/wasn’t a FOIA request. It was a form directly from the FAA website used to request copies of Airman files and giving permission to release them to a third party.

Regardless of the type of request for the medical records, shouldn’t the FAA send the file in it’s entirety if that’s what the Airman requested?

Dr. Chien...I just looked at the records request form again and the box that was checked says “Medical or Combined Student/Medical File including DIWS notes”.
 
My records showed up in two parts to one of my doctors. This first part that arrived was empty. I panicked because it had already been 8 weeks since I requested and submitted another request. 4 days later, the rest of the file arrived. I hope your missing document issue is that simple.
 
He doesn't practice much in federal court, does he...
Consider a new attorney.

What I want to post, I really can't, here.
 
bbchien said:
He doesn't practice much in federal court, does he...
Consider a new attorney.

What I want to post, I really can't, here.
Click to expand...

I guess I’m a little slow on the uptake. I can’t tell whether you’re just saying my attorney requested my records incorrectly or you think there’s something more underhanded going on.

Unfortunately, it’s too late to find a new attorney.
 
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