Sleep Apnea and Class 2 Medical

U

Unregistered

Guest
Is it possible to obtain a Class 2 medical if you have been diagnosed with sleep apnea and the treatment is effective?

If you never disclosed it before, (maybe didn't even realize it was a problem until after you got your pilot certificate) is there a way to get it straightened out, and get all the medical records straightened out getting fined?
 
(1) Yes. The requiements for the Sleep Apnea SI are the same for all classes of medical certificates.
(2) Well, you did omit. Or if you're into FAA enforcement, you lied, in a condition that het Federal Air Surgeon has determined is material to Aviation Safety.

The key here is to present all your information at once, the sleep study, the titration portion, the followup with the doc, the chip download compliance report, and the current "well rested, no tendancy to fall asleep beyond normal, complaint and NO RIGHT HEART failure on exam" statement.

The OKC docs tend to not want to do the paperwork to refer you to the chief counsel for punitive action, provided that you are plainly certificable at the time you present the package.

Other airmen have "sent in their certificates for cancellation" without comment, and reapplied with the proper statements and with all the above data, and are issued the SI.
 
The short answer is yes

I currently maintain a Class II medical certificate.

I was diagnosed with sleep apnea after many years holding a class II

I self grounded until I had statements from the diagnosing physician that corrective action taken (surgery in my case) was necessary and sufficient to address the condition to submit to the AME

The whole process took about 4 months in my situation.
 
Just to clarify.

When I was working on my pilots license and obtained my first medical, I had absolutely no idea my apnea was a problem.

I was diagnosed with apnea a long time ago, the CPAP worked and had become a part of my life to the point, I sometimes forgot about it when asked if I had any medical conditions.

Not using it has never been an option, it really gave me huge quality of life relief when I started using it.

When I started out I did not lied or mislead anyone. I don't remember the conversation at the first medical exam. If it had come up or I had been asked, I would have certainly disclosed. I don't mess around like that.

I also probably would have just considered myself not qualified and walked away from flying lessons.

After I got the ticket, I was really pumped and wanted to keep going. When it came time to renew the medical, I started reading more and asking questions. At that point in one phone conversation with an AMEs nurse, I abruptly discovered I'd be deferred.

I went through all of my training not realizing I was medically ineligible to fly.

First renewal, I was in shock, and made a bad choice. I shopped around a bit and did not disclose. I asked a retired pilot buddy and he told me that lying was the standard.

I'd really like to do a lot more flying, buy an airplane, more ratings, but I can't see it without getting this straightened out. I see it as an insurance problem. I'm very athletic though over weight. I work out a lot.

I'm not young. I do feel like I need to unravel this now or stop, because I probably can't end well otherwise. I am physically fit, that's what makes it so confusing. Thanks for the advice.
 
Unregistered said:
When I was working on my pilots license and obtained my first medical, I had absolutely no idea my apnea was a problem.
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It's not the applicant's responsibility to know that it is a problem. However...

I was diagnosed with apnea a long time ago, the CPAP worked and had become a part of my life to the point, I sometimes forgot about it when asked if I had any medical conditions.
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...it is the applicant's responsibility to remember all medical diagnoses and disclose them. Since the form asks you to check yes/no to answer the qustion "other illness, disability, or surgery," you were responsible to check "yes" and explain in the block below. Forgetting is not an excuse the FAA accepts when it comes to your medical history and medical certification issues.

When I started out I did not lied or mislead anyone.
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Intent doesn't matter. You either did not check the "yes" box for 18x or if you did, you failed to disclose an illness with which you had been diagnosed. From the FAA's perspective, you gave a false answer, and after that, the only question is how much they punish you, not whether you broke the rules.


First renewal, I was in shock, and made a bad choice. I shopped around a bit and did not disclose. I asked a retired pilot buddy and he told me that lying was the standard.
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Unfortunately, the FAA does not accept "bad advice" as an excuse for violation of these rules.

I'd really like to do a lot more flying, buy an airplane, more ratings, but I can't see it without getting this straightened out. I see it as an insurance problem.
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It's a lot more than that -- it's a serious avaition legal problem with the FAA. Because this is now a legal, not medical problem, what you need to do immediately is contact an aviation attorney and obtain legal counsel on how to deal with it. Do not speak to anyone other than your attorney about it, as your attorney is bound by attorney/client privilege, but anybody else can be compelled to give evidence against you.

Your attorney may, by offering voluntary disclosure and some form of penance (you ain't gonna skate on this) be able to negotiate on behalf of an anonymous client a more palatable deal than revocation of all your FAA certificates, and at least in theory (based on what you said here about knowingly lying on subsequent applications), jail time or fines.

IOW...

You have the right to remain silent; exercise it, and whatever you do, don't compound the offense by doing anything more in the way of lying or deception. You have the right to counsel; exercise it, even if it's gonna cost ya, chief.
 
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Unreg, you need to email me....it works from this site.

In the end you ARE correct is IS about insurance....but I have corrected many many files with new, fully certifiable file information and not a one has been referred for enforcement. Trouble is, with the attorney, the General Counsel immediately becomes involved.....

...so where is that pilot buddy now, that you're in the hotseat? sigh.
 
Well,

I got my Special Issuance and a 3rd class. SI letter has a warning paragraph, but I'll take it.

I stopped flying as PIC and kept skills up by flying as a student working on another rating.
Local apnea doctors kept telling me not to bother doing anything special for the medical, there are apparently a lot of local pilots flying professionally with apnea.

So, I just used the local AME told him the whole story and waited.

In as much as I never tried to conceal anything when I started flying, I believe the mix-up occurred because my original diagnosis was 7 years prior to taking flying lessons and the medical application doesn't ask about apnea. You just have to go in for your first medical knowing you have a neurological disease that causes them to worry about your heart, that's not mentioned on the form!

I still swim about 3 miles a week, bike ride, try to squeeze in light weight lifting and calisthenics on the off days, when the schedule permits. And I still forget I'm really sick.

When I'm in the pulmonary doctors office, I'm acutely aware I'm the only one in there with a neck! So it goes, I feel sorry for those folks, but life seems to be good as long as I keep working my butt off (and luck holds out).
 
Unregistered said:
Well,

In as much as I never tried to conceal anything when I started flying, I believe the mix-up occurred because my original diagnosis was 7 years prior to taking flying lessons and the medical application doesn't ask about apnea.
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It's covered under item 18x, "Other Illness, disability, or surgery."

That seems to be the FAA's catch-all for everything else.
 
Speaking as one with OSA and SI for same, I can understand how someone might not make the association between box 18x and OSA. It just does not register as an "illness, disability or surgery" in one's mind. It's just a flippin' annoyance...
 
gkainz said:
Speaking as one with OSA and SI for same, I can understand how someone might not make the association between box 18x and OSA. It just does not register as an "illness, disability or surgery" in one's mind. It's just a flippin' annoyance...
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I also have mild OSA, and can understand it too. We do not think of it as an illness or disability, but rather a condition.
 
gkainz said:
Speaking as one with OSA and SI for same, I can understand how someone might not make the association between box 18x and OSA. It just does not register as an "illness, disability or surgery" in one's mind. It's just a flippin' annoyance...
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That would go over really well at the NTSB appeal.... sigh.
 
Yeah, hopefully I never have to find THAT out. :D

I have been educated that it IS a qualifying disease or disability but it just doesn't "seem" that way. Hence, I'm not surprised that someone may not make the association between box 18 and OSA without said education.
 
gkainz said:
Yeah, hopefully I never have to find THAT out. :D

I have been educated that it IS a qualifying disease or disability but it just doesn't "seem" that way. Hence, I'm not surprised that someone may not make the association between box 18 and OSA without said education.
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Yeah. I have corrected many files and made guys "legal" because of this. The form needs to actually name "Sleep Apnea", IMO.

But think about it. The CPAP machine is an Rx. The sleep study is done in a medical facility. It's paid for by health insurance..It quacks like....it's probably.....an illness! :nonod:
 
Switch "snores" in for quacks, and you got it....
 
Could you still get a first or second class medical certificate without using of a CPAP? I recently got out of the military and was given a mouth guard for little to mild sleep apnea since they said I didn't need the CPAP, and to be honest I haven't used the mouth guard in about 6 months and don't plan on using it since being out and everything has been fine health wise.
 
If you disclose what you just said you’ll need to complete a sleep study. The results of that will determine what will be required.
 
Nicholas S said:
Could you still get a first or second class medical certificate without using of a CPAP? I recently got out of the military and was given a mouth guard for little to mild sleep apnea since they said I didn't need the CPAP, and to be honest I haven't used the mouth guard in about 6 months and don't plan on using it since being out and everything has been fine health wise.
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Following! Im in the same boat as you!!
 
That would be discretionary to FAA. I would obtain a type 2home study and do it with the jaw advacment device in place. It the RDI and the AHI all line up <<5, the Sleep doc's letter saying you are well controlled, get good quality sleep, have no complaint of daytime sleepiness and no signs of Rt heart failure, will carry some water.
 
@bbchien JOOC, what is the criteria for certifying an airman with OSA? Events per hour and all. Is it the same across all classes?
 
Greg, the AHI on the CPAP has to be less than 5.
The compliance wtih treatment has to be > 75% of nights showing> 6 hour's usage. the jaw advancement device is not a "dodge" to compliance as there are two that report usage- the Somnodent and the Braebon.

The Board certified pulmonary/Neuro has to be quite confident that you are not having any symtpoms, that you appear well rested, and that on exam there are no signs of Rt Heart Failure.
 
Hey ya'll,
Found this during my quest to get "reinstated." I went for my Class 1 to continue my rotary rating. I disclosed all the obligatory post-military things; OSA being one of them. FAA gave me a request for more info and all of which was satisfactory; however, the exception was my OSA. I was issued a CPAP, but it fell offline due to potential of cancer causing elements internal to the device. So I did not use it for 2 years as I waited for my replacement as advised by the FDA and manufacturer. I just got my replacement last week (!!!) but I have been in an "undetermined eligibility for airman med cert."

I have asked and received 2 extensions while waiting for my CPAP but that was nearly a year ago. I am currently going for Sport Pilot, but would like some clarification on what state I am in...Did I ever? hold a med card, can I qual for Basic at this point or even my drivers license. My AME is of no help and sent a text saying, "Good luck," when I poised this question.

Lastly, with the timeframe set forth by the FAA, they want an like 6 months of data with all the previously stated metrics.

Should I just reapply?

Any info would be much appreciated.

CHeers,

-TbirdFrost
 
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