Waiver Denied For Peanuts

laradeluna

5-Year Member
Joined
May 5, 2011
Messages
10
Just found out about my waiver being denied over an allergy to peanuts, although I sent paperwork from an allergist certifying that I have grown out of the childhood allergy.

Now I'm wondering if there's a next step I can take?

Is there an appeal process that anyone knows about?


-Lara
 
Everyone always says contact Larry Mullens at Dobmer ... look on the site for his address ... On another forum, I just read a question about epi-pens from the parent of someone preparing for I-Day at USNA ... which surpised me, because I didn't realize allergies that severe were allowed. SOOO it seems they are, at least in some cases ... good luck.
 
Everyone always says contact Larry Mullens at Dobmer ... look on the site for his address ... On another forum, I just read a question about epi-pens from the parent of someone preparing for I-Day at USNA ... which surpised me, because I didn't realize allergies that severe were allowed. SOOO it seems they are, at least in some cases ... good luck.

Unfortunately, Mr. Mullen is no longer directly handling email from SAF. He signed off on May 31, 2011. However, in one of his last posts he left the proper channel for contacting his office for dealing with these matters.

Folks wanting accurate and official replies may:

call 1-800-841-2706 from 7AM-4 PM, Mountain Time, Mon - Fri
---OR ---
you may email "helpdesk@dodmerb.tma.osd.mil" and receive responses during the same hours.

The DoDMERB staff is dedicated to making the DoDMERB process as seamless, frictionless, and hassle free as possible.

To the OP:

I noticed you mentioned your peanut allergy in another thread back in May IIRC. There was mention in that thread of taking an oral food challenge (at your own risk, so please consult appropriate medical personnel for a consultation) and presenting the results to DoDMERB. Did you decide against the food challenge?

Mr. Mullen was pretty clear that food allergies such as peanuts are not waiverable, so it seems that your only way out is to certify (beyond a doctor's opinion - i.e. a confirming medical test such as a food challenge) that the allergy no longer exists.

While you may feel that you can consume peanuts, you are asking a lot of people to potentially have to rescue you should you be wrong and that is why the firm position. In that thinking, any appeals process would not change that situation. It is only in successfully challenging the condition itself through a scientific test can the doubt of misdiagnosis by your doctor be removed.

Best of luck.
 
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Mr. Mullen was pretty clear that food allergies such as peanuts are not waiverable, so it seems that your only way out is to certify (beyond a doctor's opinion - i.e. a confirming medical test such as a food challenge) that the allergy no longer exists.

While you may feel that you can consume peanuts, you are asking a lot of people to potentially have to rescue you should you be wrong and that is why the firm position. In that thinking, any appeals process would not change that situation.

That was my thinking when I read about the epi-pen being discussed above as an I-Day packing list item. :eek:

I've always heard that an allergy serious enough to require immediate epinephrine injection(s) was an un-waiverable DQ, for the reasons you stated above. That, and the good chance that a mid/cadet/soldier/airmen/etc may be deployed to an area where the epipen is lost and not replaceable, or that medical treatment facilities may be days away. For the safety of the mid/cadet, the military could not take that chance.

I sincerely hope that the appointee packing the epipen fully disclosed the conditions that require it, and the DODMERB is fully aware of it. It would be a shame if they were sent home on I-Day for a medical reason that kept another fully qualified candidate home.
 
Thank you everyone for your replies.

I understand why the rules are as they are regarding each of the branches of military and with DoDMERB, it's just natural to object for me when I don't feel that I am allergic. Although I got it certified from a doctor that I am not allergic, I have no lab work to show for it.

Dr. Katz stated:

"If you can eat peanuts then you are not allergic. Even if tests show that you are reacting in some way or another, that means nothing if you can eat the peanuts without any difficulty."

Which makes sense to me...I suppose the letter from Dr. Katz was not enough to get me a waiver.

On another note, does anyone know if it would be in my benefit to reapply for scholarships/service academies? if I have been disqualified and denied once would there be a point in repeating the entire process, even with another branch or scholarship?
 
IF you really want to serve and go this route ... get the tests, official tests. If your doctor won't do them ... well, I'd get a second opinion. If the tests show something is going on ... hmm ... what does that mean? I'd find out, even if you don't reapply ... goodluck
 
Thank you everyone for your replies.

I understand why the rules are as they are regarding each of the branches of military and with DoDMERB, it's just natural to object for me when I don't feel that I am allergic. Although I got it certified from a doctor that I am not allergic, I have no lab work to show for it.

Dr. Katz stated:

"If you can eat peanuts then you are not allergic. Even if tests show that you are reacting in some way or another, that means nothing if you can eat the peanuts without any difficulty."

Which makes sense to me...I suppose the letter from Dr. Katz was not enough to get me a waiver.

On another note, does anyone know if it would be in my benefit to reapply for scholarships/service academies? if I have been disqualified and denied once would there be a point in repeating the entire process, even with another branch or scholarship?

It sounds like you should have went for a rebuttal instead of a waiver.

A waiver acknowledges that the condition exists, but the academy will admit you anyway, in spite of the condition.

A rebuttal is a denial that the condition exists (with medical proof), period, and the DQ is a mistake.

Perhaps the process is the same, I would check with DODMERB to get an official opinion before deciding either way.
 
The ONLY people that can definitively answer this are at DODMERB.

Mr. Mullen has setup their website with a support team that is supposed to be able to handle any/all questions (like he did here for several years) and get your answers to you quickly.

I'd go to their website and start your inquiry.

ONLY DODMERB will be able to tell you "THE" answer.

Steve
USAFA ALO
USAFA '83
 
That was my thinking when I read about the epi-pen being discussed above as an I-Day packing list item. :eek:

I've always heard that an allergy serious enough to require immediate epinephrine injection(s) was an un-waiverable DQ, for the reasons you stated above. That, and the good chance that a mid/cadet/soldier/airmen/etc may be deployed to an area where the epipen is lost and not replaceable, or that medical treatment facilities may be days away. For the safety of the mid/cadet, the military could not take that chance.

I sincerely hope that the appointee packing the epipen fully disclosed the conditions that require it, and the DODMERB is fully aware of it. It would be a shame if they were sent home on I-Day for a medical reason that kept another fully qualified candidate home.

Not the case at all. I know of several servicemembers--officers and enlisted--who carry epi autopens for insect allergies. One is an academy grad.
 
An insect allergy does not require the sufferer to change his/her daily habits (aside from avoiding the darn stinging pests). A food allergy requires the sufferer to either avoid many institutionally prepared meals (due to possible cross contamination with the offending substance, or worse, having that ingredient show up as part of the main dish!), or go hungry.... Going hungry when you are on a ship in the middle of the ocean for weeks/months is not a viable option. Avoiding a stinging insect on a boat in the middle of the ocean might be a bit easier and requires no special accomodations from the kitchen/staff/sufferer. Thus, I think the food allergy might be far less waiverable than the stinging insect variety. Both can be fatal, though, so even if someone gets a waiver doesn't mean it's safe to serve on said ship on the ocean, or other remote location.

Just my .02.
 
Not the case at all. I know of several servicemembers--officers and enlisted--who carry epi autopens for insect allergies. One is an academy grad.

But do you know if he was issued the epi-pen prior to arriving at the Academy?

Developing an allergy like that in all but rare cases is not a med boardable condition, but it can potentially prevent someone from enlisting/commissioning/being given an appointment. I don't have definitive answers in front of me, but I would bet that any allergy requiring an epi-pen is going to be reviewed by DODMERB.

(Background as to why: one of the most prevalent reasons people can't fight in an AOR at any one time is due to DNBI (Disease/Non-Battle Injury). The military tries to keep that number as low as possible, if you have an allergy and react and need the epi guess who just became a DNBI number? Or worse, what if you don't have the epi-pen and you are remote from any medical capabilities....)
 
It sounds like you should have went for a rebuttal instead of a waiver.

A waiver acknowledges that the condition exists, but the academy will admit you anyway, in spite of the condition.

A rebuttal is a denial that the condition exists (with medical proof), period, and the DQ is a mistake.

Perhaps the process is the same, I would check with DODMERB to get an official opinion before deciding either way.
It is the same process. :/ You send in the rebuttal paper work (allergy tests or whatever), then you wait for a waiver.
 
An insect allergy does not require the sufferer to change his/her daily habits (aside from avoiding the darn stinging pests). A food allergy requires the sufferer to either avoid many institutionally prepared meals (due to possible cross contamination with the offending substance, or worse, having that ingredient show up as part of the main dish!), or go hungry.... Going hungry when you are on a ship in the middle of the ocean for weeks/months is not a viable option. Avoiding a stinging insect on a boat in the middle of the ocean might be a bit easier and requires no special accomodations from the kitchen/staff/sufferer. Thus, I think the food allergy might be far less waiverable than the stinging insect variety. Both can be fatal, though, so even if someone gets a waiver doesn't mean it's safe to serve on said ship on the ocean, or other remote location.

Just my .02.
I can eat peanuts though and be just fine. I've never been to the doctor for my "allergy" before this whole process began, and I've never even considered getting an epi pen because it has never been a problem. I can eat peanuts and be just fine, so I just feel like I deserve another look? I don't know...I'm just waiting for the letter so I can see what the next step is for me.

Thank you all for your replies.
 
If this is so, contact DodMERB and someone to do the oral challenge immediately! As I'm sure you know, this stuff can take forever.
 
If this is so, contact DodMERB and someone to do the oral challenge immediately! As I'm sure you know, this stuff can take forever.

Yea I waited out over half a year for a waiver for ROTC and a waiver denial for WP. I did read somewhere that with the condition I have been diagnosed with, I have to be off the medicine for 2 years and so far I have only been off for 1 year so I am hoping for a change in waiver decision for WP!
 
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