Medical and LSA advice needed

I have an "issue" with my neck that will soon (most likely) require the services of an orthopedist and a neurosurgeon, and has a good chance of limiting the range of motion of my head, meaning it will impact traffic scanning on the ground and in the air. I am extremely reluctant to talk to the AME about this until I know more both about my medical condition and their likely reaction to it. I want to know my options and restrictions with all possibilities before I make this condition known to them, in the interest of preserving maximum flight freedom in the future.

My question is this to the educated community on here - outside of the normal scope of any surgery and recovery/rehab, how will this impact my 3rd class medical with the FAA? I have no intention of pursuing higher than a 3rd class medical for personal VFR/IFR flight. If it is determined that my condition would preclude being issued a new medical, it is my understanding that if I let my current 3rd class medical lapse WITHOUT reason to have it withdrawn by the FAA, and do not reapply and have it denied, that I am clear to continue flight under the LSA category with a drivers license and no other restrictions (other than LSA), is that correct?

Secondary to that question, what range of motion restrictions would be considered just cause for denial of a 3rd class medical by the AME? Specifically I am looking at a possible fusion of my C5-C7. If the range of motion impact is considered borderline, or I am denied the medical, is there some type of "demonstrated competency" test that can be taken for approval of the medical?

My 2 cents worth.......

As a self-proclaimed LSA/SP "expert", I offer this:

These are very important questions, and I would discourage you from soliciting the "opinions" you're likely to get here. If you're an AOPA member, call their medical office and speak to an expert. If you're not an AOPA member, join today. The $39 is well worth even this one question. It's VERY important that you get an official answer before you go see your AME.

AOPA ≠ AME

I don't know that the AOPA is necessarily going to be of any more help than some of the folks here on VAF who've "Been there, done that," actually. (I can tell you that from personal experience, as I recently had cause to call them about one of my patients whom I was assisting with a Special Issuance; they were about as unhelpful as I can imagine. I got MUCH more help by calling the Regional Flight Surgeon's office.)

Although the original post didn't specify symptoms, I am assuming that the cause of the "issue" with your neck is arthritis (either primary or as a result of injury), and that you're being told a cervical fusion may be necessary.

Arthritis is a disqualifying condition per 14 CFR 67.401. However, the FAA has a streamlined process for granting special issuance of a medical certificate for certain common problems. Basically, the initial authorization is granted by the Regional Flight Surgeon or the FAA's Aeromedical Certification Division in OKC after submission of supporting documents from your physician; according to the 2009 Guide for Aviation Medical Examiners, these are to include the following information:

• The type of arthritis
• A general assessment of condition and effect on daily activities
• The name and dosage of medication(s) used for treatment and/or prevention with comment regarding side effects
• Comments regarding range of motion of neck, upper and lower extremities, hands, etc.

Although I am no longer an AME (I had "Special AME" status from the FAA when I was serving as a Naval Flight Surgeon) and have never been involved with a Special Issuance for arthritis, I would suspect that the RFS may require a formal assessment of your ability to scan for traffic, since you would certainly have some limitation with a C5-7 fusion.

When I was in the Navy, we would have the pilot sit in the cockpit and document that he/she was able to perform whatever function was in question without compromising safety of flight. From what I know of the FAA process, it is similar -- a statement from your physician or AME may suffice, or the FAA may require a statement from an examiner from the local FSDO.

Personally (and this opinion is worth exactly what you paid for it!), I can't see you'd have much of a problem for a 3rd Class Medical. Much of the time, it's simply a paperwork drill to satisfy everyone that safety of flight issues have been considered and documented appropriately.

Hope this helps a bit!
-- Chris

P.S. You are okay to self-certify for LSA purposes if you have a valid driver's license and have NEVER BEEN DENIED a medical certificate. Allowing it to lapse is NOT a denial.

CJK said:

Although the original post didn't specify symptoms, I am assuming that the cause of the "issue" with your neck is arthritis (either primary or as a result of injury), and that you're being told a cervical fusion may be necessary.

Click to expand...

Close - an old injury (undiagnosed) about 10 years ago apparently resulted in a non-displaced C6 fracture and now I have degenerated compression of C5-C7, with bilateral stenosis between C5-C6 and C6-C7. The neurosurgeon and orthopedic consults are next week to determine treatment.

I am an AOPA member with the legal option, I'll contact them as well for advice.

The difference in requirements for 3rd class medical operations and Sport Pilot operations have been discussed at length on VAF. The summary is that the standard is not the same. You do not need to meet the standards for a 3rd class medical to fly as SP.

For SP operations, if you feel you are fit to fly as PIC - and think it through before you answer, think of what kind of answer you'd give to an ALJ, under oath - then you're fit to fly.

However, if you get denied a medical, you're grounded. You can't fly as SP if you've been denied a medical - you have to get your medical back. Think about that if you're in doubt about whether you will pass.

TODR