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Appeal to NTSB…FAA Medical Certificate Denied

gregfuess

Well Known Member
I received a letter from the FAA denying me an Airman's Certificate, my first Airman's Certificate last week, due to a TAVR (Trans Aortic Valve Replacement) that was installed in August 2020. This is confusing because my doctor has always told me that I am in great shape. I would brush that off as medical client kiss-***-ism, except that I have always been a runner, completed cardio rehab immediately and as one of the top 3 that year. I have averaged running about 25 miles a week at a 12:00 mile pace, and have done this since completing the cardio rehab. Not great, but not bad either, and should indicate decent cardiovascular shape.

So my impression based on statements in the denial (shortness of breath, etc) that don't apply to me, contents of files were confused.

Has anyone successfully appealed such an FAA decision to the NTSB? Any idea of costs, duration of the appeal, likelihood of success, etc? I know a denial means an annual physical, etc and ask for experience with appeals to the NTSB, but I know people are going to comment what makes them feel good.
 
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there are several "hired gun" AMEs across the country that are experts at facilitating these things. Hire one. Do exactly as they prescribe.
One I'm familiar with www.aeromedicaldoc.com
This not something to go at on your own. Use the expertise of someone that knows the rules and processes better than the people doing the processing.
Good luck.
 
AMAS

I was out with a heart arrhythmia for 7 months and my union uses https://www.aviationmedicine.com. I cannot say enough good things about these people. They always had good advice and submitted the package to the FAA for their approval. If I tried to do it alone I would still be grounded. Go with the professionals who know the inns and outs of the FAA.
 
Seeing an independent consultant like Bruce Chien makes sense if it comes to that. He's pretty experienced and knows that process well. You might try emailing him the particulars and see if he's interested. I would probably do that before finding a lawyer to manage the appeal process. Reportedly, these things can have a few procedural quirks.
 
You will need a Special Issuance to get your FAA Medical back. That should not be a problem based upon your stated condition. Once you get that Medical in your pocket, go the Basic Med route and you will be done with the annual Special Issuance BS…
 
Heart Valve Surgeries and the FAA medical certificate

As a pilot with the experience of three mitral valve surgeries (one repair and one Mitral valve replacement surgery in 2009, and one recent Mitral valve replacement in March 2022) I can tell you that after going through a successful TAVR, you will need to go through the hoops of obtaining a Special Issuance Class III medical.

Regardless of which consulting AME or AOPA medical expert you contact, you will get the same direction. That is, you will have to submit an echocardiogram report, a 24 hour Holter monitor report, a stress test on a treadmill as prescribed by the FAA, lab reports of blood analysis, a report from your Interventional Cardiologist or Surgeon, and probably a few more reports that I can't recall right now.

I am preparing to go through this experience myself. When I had surgery in March, 2022, my Basic Med certificate was no longer valid because my FAA Class III Special Issuance was no longer valid. [OP edit…A better way to say this would have been “…my Basic Med was no longer valid because I had been diagnosed with a new Cardiovascular condition listed by the FAA.”] I have waited because I want to be sure I am completely recovered and rehabbed before requesting the Class III SI.

Yes, I am aware that if I fail the Class III Special Issuance, then I would not qualify for the Basic Med certificate. Further, unless things have changed, I would not be able to legally fly as a light sport pilot. However, I believe I can pass the Class III Special Issuance this time just like I did over 12 years ago.

There is no need for you to even think of appealing to the NTSB. The regulations are very explicit on what the FAA medical office requires for pilots who have had heart surgery, even a Trans Arterial Valve Replacement as you had. I don't have the regulations in front of me, but since you are a pilot, you should be able to find what is required for you to continue to exercise the privileges of a private pilot.

My Cardiologist told me recently that my surgery, recovery and rehab exceeded his expectations. And I feel very healthy. But neither my family practice physician nor my Cardiologist is an FAA AME. Regardless of how your physician views your health, the FAA medical staff has the final say.

I will not submit anything, repeat anything, to the FAA medical office without first allowing the AOPA Medical staff the opportunity to review my submittal. In all likelihood you will learn patience, although I understand the FAA has "streamlined" their process for approving Special Issuances. After my 2009 surgeries it took six months of waiting after surgery just to begin the process and then another six months of submitting and submitting some more information to finally get my Class III Special Issuance. It is possible the TAVR surgery will not require as rigorous a review as a surgery requiring a sternotomy. For your sake, I hope so.

Good luck, and let us know how it turns out.

P.S. For those readers who are wondering, “TAVR” refers to “Transcatheter Aortic Valve Replacement” which typically only requires the patient to stay one night in the hospital. Due to advances in cardiac medicine, the mitral valve can also be a candidate for a transcatheter procedure. Thus, “TAVR” has morphed into the more general “Trans Arterial Valve Replacement.” Both procedures, either aortic or mitral valve replacement, are usually performed by an Interventional Cardiologist, although a Heart Surgeon is usually close by should he or she be needed.

Also, although I am not a Physician but merely a heart patient who has undergone three heart surgeries and I am currently an Accredited Visitor of heart patients through membership in The Mended Hearts organization, I am willing to share my heart surgery knowledge with anyone who is interested. Please contact me by PM.
 
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When I had surgery in March, 2022, my Basic Med certificate was no longer valid because my FAA Class III Special Issuance was no longer valid.

Was your SI withdrawn, or just expired? It's my understanding that an expired SI still counts as a Class-III for purposes of getting Basic Med.
 
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Was your SI withdrawn, or just expired? It's my understanding that an expired SI still counts as a Class-III for purposes of getting Basic Med.
A "new" cardiac condition is one of things that will terminate BasicMed. About this time last year I got a stent, which killed my BasicMed. It took over 6 months to get a 3rd class SI. I'm going to switch back to BasicMed but I've got to start that process all over, i.e. new phys exam, new online exam.
 
Some folks may be under the mistaken belief that once you get BasicMed, you're good to go forever, no matter what new health issues occur. That is not the case.

To amplify what was said above by 'gyoung': From AOPA, "BASICMED SUMMARY: SPECIAL ISSUANCE REQUIRED":

https://www.aopa.org/advocacy/pilots/medical/basicmed/basicmedspecialissuance

"Conditions Requiring an FAA Authorization for Special Issuance of a Medical Certificate:
...

III. Cardiovascular Conditions—A cardiovascular condition, limited to a one-time special issuance for each diagnosis of the following:

  • Myocardial infarction (heart attack).
  • Coronary heart disease that has required treatment (stent, bypass, angioplasty).
  • Cardiac valve replacement.
  • Heart replacement."
 
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Was your SI withdrawn, or just expired? It's my understanding that an expired SI still counts as a Class-III for purposes of getting Basic Med.

My first BasicMed certificate was issued in 2017, because I had a valid Class III, Special Issuance Medical Certificate, which had been issued AFTER the date specified by the FAA (July 14, 2006). Rather than continue with the rigors of requesting an SI each year, as I had done annually since 2010, I chose to obtain a BasicMed certificate in 2017.

As others have said, because a new cardiac condition developed, my BasicMed was no longer valid in early 2022 before my surgery in March. I knew I was not fit to fly because of the results of tests in January by my Cardiologist. Regardless of what the paper trail said, I grounded myself at that time.

I believe your statement in the second sentence of your post is correct, but I would refer you to the AOPA Medical Office or another expert to be sure. But that would be for a pilot who has no disqualifying conditions. As “gyoung” stated, a new cardiovascular condition invalidates a BasicMed as well as a Special Issuance Certificate, so a new Special Issuance would be required.
 
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Clarification

My Airman's Certificate was denied, I have not had an Airman's Certificate before. This would be my first. Second, the TAVR was in August 2020, not 2022. I will correct this with an edit in the original post.
 
My Airman's Certificate was denied, I have not had an Airman's Certificate before. This would be my first. Second, the TAVR was in August 2020, not 2022. I will correct this with an edit in the original post.

I'm a little confused. I assume you were attempting to get a BasicMed medical, and that was denied, correct?

Someone already supplied the AOPA's BasicMed site, and here is the FAA's site:

 
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I'm a little confused. I assume you were attempting to get a BasicMed medical, and that was denied, correct?
<SNIP>



Carl, I understood his post to say that he had never had an Airman's Medical Certificate before. He apparently went to an AME recently for his first Airman's Medical Certificate after having the TAVR procedure about two years ago. I didn't get the impression that he was aware of the BasicMed option until the replies in this thread appeared.
 
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I was out with a heart arrhythmia for 7 months and my union uses https://www.aviationmedicine.com. I cannot say enough good things about these people. They always had good advice and submitted the package to the FAA for their approval. If I tried to do it alone I would still be grounded. Go with the professionals who know the inns and outs of the FAA.

+1

You need folks that get paid to deal with this stuff all the time. If you try this yourself through your AME it could cause much time, $$$, and paperwork. Normal AMEs are not equipped to deal with this. They simply follow OKC guidance, and OKC has no vested interest in getting you in the cockpit ASAP. In fact, they're a fairly incompetent bureaucracy, IMHO.

I too used AMAS through my union at no cost. Referred a friend who lost his medical due to a heart condition and surgery, and didn't have free coverage. He told me AMAS was worth every penny. AMAS is not only staffed with AMEs, they have lawyers that know exactly what to say, and when to say it.
 
I'm a little confused. I assume you were attempting to get a BasicMed medical, and that was denied, correct?=QUOTE]



Carl, I understood his post to say that he had never had an Airman's Medical Certificate before. He apparently went to an AME recently for his first Airman's Medical Certificate after having the TAVR procedure about two years ago. I didn't get the impression that he was aware of the BasicMed option until the replies in this thread appeared.

OK. I would have thought an AME would have told him he needed a Special Issuance for the TAVR before he could issue the Class XXX medical, and pointed him to what he would have needed to supply to get the SI. That's why I'm confused.
 
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Carl, I understood his post to say that he had never had an Airman's Medical Certificate before. He apparently went to an AME recently for his first Airman's Medical Certificate after having the TAVR procedure about two years ago. I didn't get the impression that he was aware of the BasicMed option until the replies in this thread appeared.

That is the correct situation.
 
But an AME would have told him he needed a Special Issuance for the TAVR before he could issue the Class III medical, and pointed him to what he would have needed to supply to get the SI. That's why I'm confused.

I'm supposing he showed up at the AME's office unaware that the TAVR was disqualifying. The AME probably didn't know about the TAVR until after the application was provided to him/her during the examination. I think I remember reading that once a patient begins the examination process with the AME, then the AME is required to complete the examination and forward it to the FAA.
 
But an AME would have told him he needed a Special Issuance for the TAVR before he could issue the Class XXX medical, and pointed him to what he would have needed to supply to get the SI. That's why I'm confused.

No one told me that I needed a Special Issuance for the TAVR. The AME told me that he couldn't issue the certificate, that it would have to come from the FAA.
 
No one told me that I needed a Special Issuance for the TAVR. The AME told me that he couldn't issue the certificate, that it would have to come from the FAA.

Got it. An AME cannot issue an FAA Medical certificate with that condition, only the FAA can. And the FAA can tell you the requirements you need to satisfy for them to issue a Special Issuance of a Medical Certificate.

I'm still surprised the AME did not give you a heads up on the whole issue once you arrived at his/her office.
 
My Airman's Certificate was denied, I have not had an Airman's Certificate before. This would be my first. Second, the TAVR was in August 2020, not 2022. I will correct this with an edit in the original post.

I read somewhere that the majority of pilots will have issues with their medical certification at some point. The good news is that the denial is not permanent. It simply means that, as currently submitted, they are not providing you the medical certificate you sought.

Appealing to the NTSB is not going to work. You'll need to get expert help to work your way through the FAA's aeromedical requirements. Don't give up. It may be a long slog, but almost everyone can eventually get a medical certificate. Back when I was a full-time flight instructor, one of my fellow CFIs had a brain tumor surgically removed. She passed every test that the FAA required, and it still took a very long time to get her medical back, but she never gave up.

That's where the expert help will come in. These people are former FAA aeromedical branch employees, or have worked closely with them for many years.

AOPA can help by educating you on the process, answering questions, and helping connect you with one of the people who will guide you through the process. Don't try to do it on your own -- trust me, that would be a big mistake.

--Ron
 
I was out with a heart arrhythmia for 7 months and my union uses https://www.aviationmedicine.com. I cannot say enough good things about these people. They always had good advice and submitted the package to the FAA for their approval. If I tried to do it alone I would still be grounded. Go with the professionals who know the inns and outs of the FAA.

These guys are the gold standard. When a professional pilots career is on the line 90% plus use them. They have a inside line to the FAA and can speed even somewhat routine issues up. Call and set up a consultation. If others on the forum have a potential medical issue call them in advance. They will guide you through what should and should not be put in your medical records to make the process easier.
 
AOPA offers add on benefits for medical and legal. Call-and add that to your membership, and let them help you. You’ll need a special issuance 3rd class medical. If the faa is willing , since this is a first time issued, they will ask for some tests to verify your likelihood of having a catastrophic/ incapacitating event . Satisfy them and you’ll get a Special Issuance Third class faa medical certificate. At the end of its issuance period ( 1 year) you can go to your personal doctor ( md DO) and convert to Basic Med . One MUST HAVE a faa medical, any flavor, before transitioning to Basic med, and that certificate has to be in recent 10 years ( recent, I may be off on how old the expired the faa certificate can be but I’m close) . My situation timing wise, not the same, but denied, to special issuance, to basic med is the standard process. In my case, I was denied, told by faa what tests were needed, did the tests, got SI third, year later on expiration I move to basic med. GOODLUCK !
 
IIUC, the next step in the process a problem like this is the Federal Air Surgeon. They have a cardio vascular panel or something like that. I have a SI for a different condition, but in my case my AME recognized that right away, called the FAA and started the process with appropriate people. On their advice, he did issue me a Class 3 certificate on the spot, but within a few days the FAA sent me a a letter rescinding it and issuing a new certificate and the Special Issuance, which had to be renewed every two years and expires in 2026.

I’m not sure how things got so complicated for the OP, but I suspect that the issues he raises here could/should have been managed by his AME. The question is whether or not the AME’s management of his Class 3 application has made his application substantially more complicated than it needs to be. IMHO, if his only remaining avenue is an appeal to the NTSB then his AME really dropped the ball for him. Assistance from an expert in wading through the process from here on will be the shortest path to keeping things from going down the FAA Medical Branch rabbit hole.
 
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My AME denied

me on the spot based on my file where I listed medical procedures and meds. Like said above …”but in my case my AME recognized that right away, called the FAA and started the process with appropriate people. “. This was a letter from OKC with what they wanted. It had been 17 years since I had a valid 3rd class
 
me on the spot based on my file where I listed medical procedures and meds. Like said above …”but in my case my AME recognized that right away, called the FAA and started the process with appropriate people. “. This was a letter from OKC with what they wanted. It had been 17 years since I had a valid 3rd class

In my case, I was shocked at the efficiency of the FAA process, and that it was all handled by phone by my AME. Like OP, I had no clue beforehand that my particular medical condition would require a Special Issuance. My AME noted it immediately and initiated the appropriate steps to get it resolved. I ended up getting a letter from them with the Special Issuance and the new certificate less than a week later. My SI was for something pretty simple on its face and the FAA wasn’t particularly concerned. With some prodding, the FAA doctor that my AME talked to told him to go ahead and issue, upload the file, and they’d review/modify if they thought it was necessary. They ultimately determined that it was, which I thought was baloney, so I ended up with a Special Issuance. My AME did make a case on the phone for him to issue the Class III right then, knowing that that would force the FAA to review and decide sooner rather than later. Pretty clever. I do have to say, however, that the conditions of the SI are not particularly intrusive, not even particularly inconvenient. I do plan on going Basic Med sometime before my current Class III expires.

My case is simpler than the OP’s, but I think it illustrates the value of an experienced AME with the pilot’s interests at heart.
 
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My Airman's Certificate was denied, I have not had an Airman's Certificate before. This would be my first. Second, the TAVR was in August 2020, not 2022. I will correct this with an edit in the original post.

It is my understanding that in order to go on basic Med, you MUST have been issued a Class III or better medical from the FAA at least once. There may have been a date/timeframe associated with that, but not sure.
 
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It is my understanding that in order to go on basic Med, you MUST have been issued a Class III or better medical from the FAA at least once. There may have been a date associated with that, but not sure.

You are correct. The exact wording is "Hold or have held a medical certificate issued by the FAA at any point after July 14, 2006." No FAA medical, on or after that date, then no BasicMed. Also if you held an FAA medical but subsequently received a denial with no current reinstatement/approval, then no BasicMed either. If you just let it lapse and are otherwise still eligible for an FAA medical, then that's OK and you're eligible to transition to BasicMed. The key is if a denial is the reason you don't currently hold an FAA medical.
 
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Just wanted to clarify a few points. Your local AME rarely denies a medical. They defer that decision to the FAA. The FAA will then review the report from the AME and send a letter that usually starts saying you are found ineligible to hold a medical but don’t stop reading there as it usually goes on to say you may qualify for a special issuance. Then they will list the requirements they have for you to qualify for that special issuance. In your case it would be the cardiovascular evaluation listed in prior posts. The benefit of working with one of the businesses listed previously is that you can get started on collecting that information instead of waiting weeks or even months for that letter to come from the FAA. It is best to get everything asked for and then send it all in one packet so it can all be evaluated together. If you send one test or doctor’s note as you get them it will take longer as the cardiologists collect them and review them and then send more letters back to you telling you what they don’t have and are still waiting for. Ultimately whether you jump through the hoops yourself or go through a professional service, you will end up doing the same tests and sending the same reports; they just make sure you get it all done and sent at the same time so you get the quickest answer back - hopefully your special issuance medical.

T Lockard
 
I'm going through a similar special issuance wait (submitted in July and haven't heard a thing from the FAA yet). The protocols that each situation is going to require are available as AME Guides on the FAA website. I linked the TAVR one below.

https://www.faa.gov/about/office_or...ide/media/CardiacValveReplacementProtocol.pdf

I take some encouragement with how the guide is written. Near the bottom you'll notice is says for re-issuance, it is possible that it can be an AASI. What this means is that your initial medical must be issued by the FAA but going forward, your AME could issue the next one directly as an AME Assisted Special Issuance. This is a good indication of the FAA's perspective on the severity of risk after a valve replacement is proven to be stable over time. It may be some work and some time but certainly possible to get your medical as long as you can provide the data to OKC. Good luck.
 
I'm going through a similar special issuance wait (submitted in July and haven't heard a thing from the FAA yet). The protocols that each situation is going to require are available as AME Guides on the FAA website. I linked the TAVR one below.

https://www.faa.gov/about/office_or...ide/media/CardiacValveReplacementProtocol.pdf

I take some encouragement with how the guide is written. Near the bottom you'll notice is says for re-issuance, it is possible that it can be an AASI. What this means is that your initial medical must be issued by the FAA but going forward, your AME could issue the next one directly as an AME Assisted Special Issuance. This is a good indication of the FAA's perspective on the severity of risk after a valve replacement is proven to be stable over time. It may be some work and some time but certainly possible to get your medical as long as you can provide the data to OKC. Good luck.

That's how it worked for me...at two years, my AME re-issued the the Class III on the spot, but he did have to have a note from my primary care doctor that the problem for which the Special Issuance was issued was not a problem. Those were the conditions of the SI...two-year review by my doctor.
 
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