USNA Spondylolisthesis Waiver Denial

B

Buckhorn3

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Mar 24, 2015
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My son is high school class of 2015. He received an official USNA "Conditional Offer of Appointment" a few weeks ago...subject to a medical review of his Grade 2 Spondylolisthesis condition. We provided overwhelming medical documentation that he is 100% fit to perform military service. The spondy was diagnosed in 8/2011. He played, started and excelled as an OL in high school (Texas 6A level) for the last 3 years without any pain or consequence of the condition....so, he has been "stable", pain-free and otherwise 100% healthy for 3+ years.

Regardless of the medical evidence and his whole med case file, his med waiver was denied because it is a Level 2 (out of 5 levels)...a Level 1 would likely have gotten a waiver approval. He is appealing the decision. His spondy "grade" is a low-level 2 (very close to a 1), but nonetheless a 2. We believe the USNA Dr. did not review his whole file, but merely DQ'd it because it is a 2..."by the book"! So, we are hopeful that an appeal might compel a 2nd look with a more comprehensive evaluation with compensating factors.

Is this wishful thinking or does he have a chance for a successful appeal?
 
Email Mr. Larry Mullen. He is the deputy director of DODMERB. Put your DS's full name, social security number, and your situation. He will look straight at your file and help you out personally. I think in your situation this is exactly what you need. I suggest just send the first two paragraphs in your post to him. His email is Lawrence.E.Mullen.civ@mail.mil
 
I can't answer about the likelihood of success, but it never hurts to try. I did want to point out that a DQ isn't always about the nominee but is often about the men and women who would be under his command. If somehow he were to "fail" in a combat situation (eg just unable to function due to pain) then he becomes a burden to those same men and women. Might be some words of wisdom to pass along to your DS at some point.

I hope it works out the way you desire.
 
L. Mullen USED to be quite active on this forum. If you search for posts that reference him, it now appears he has a higher level job and may not be the appropriate person for these types of questions. Probably better off to determine who replaced him in his former role.
 
future_navy said:
Email Mr. Larry Mullen. He is the deputy director of DODMERB. Put your DS's full name, social security number, and your situation. He will look straight at your file and help you out personally. I think in your situation this is exactly what you need. I suggest just send the first two paragraphs in your post to him. His email is Lawrence.E.Mullen.civ@mail.mil
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Thanks a TON!!!!!!
time2 said:
This string indicates what I mentioned previously.

http://www.serviceacademyforums.com/index.php?threads/dodmerb-deputy-director.33271/#post-323866
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HMMMM.....so, the DoDMERB web site must be VERY outdated....?!?!?
 
Mr. Mullen helped me out greatly when I had questions. I had asthma when I was a kid and he helped me greatly and I even sent him a spirometry to go along with my file. I got remedialed and eventually qualified, but it was for a burn I received, not asthma. Please keep in mind however, that DoDMERB is purely in the business of evaluating those applying to commissioning sources to determine if they meet medical accession standards. In other words, they simply qualify or disqualify candidates. The commissioning source(s) waive disqualifying medical conditions. So you definitely have the right to appeal, but just keep in mind that the final decision rests with the Senior Medical Officer at the Naval Academy. Mr. Mullen would probably be able to provide some valuable appeal advice though. kp2001 (Merchant Marine Academy Graduate and Navy Doc) would also be a good person to talk to. Good knowledge of Navy medical regs there. Best of luck and hopefully everything works out!
 
So you definitely have the right to appeal, but just keep in mind that the final decision rests with the Senior Medical Officer at the Naval Academy.
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The later part of this statement is incorrect. The Superintendent (and only the Superintendent) makes the final decision on whether to grant/deny waivers based on the medical officer's and/or the Bureau of Navy Medicine's (BUMED) recommendation(s). If the medical officer has doubt or the record is "questionable," then he/she contacts BUMED for their take. All of this information is then briefed to the Superintendent, who makes the final decision. You can ask for a second review, but it is generally based on new (not already submitted) information. Best bet is to call to the Admission's Medical Staff.

Best of luck!
 
future_navy said:
Email Mr. Larry Mullen. He is the deputy director of DODMERB. Put your DS's full name, social security number, and your situation. He will look straight at your file and help you out personally. I think in your situation this is exactly what you need. I suggest just send the first two paragraphs in your post to him. His email is Lawrence.E.Mullen.civ@mail.mil
Click to expand...
usnabgo08 said:
The later part of this statement is incorrect. The Superintendent (and only the Superintendent) makes the final decision on whether to grant/deny waivers based on the medical officer's and/or the Bureau of Navy Medicine's (BUMED) recommendation(s). If the medical officer has doubt or the record is "questionable," then he/she contacts BUMED for their take. All of this information is then briefed to the Superintendent, who makes the final decision. You can ask for a second review, but it is generally based on new (not already submitted) information. Best bet is to call to the Admission's Medical Staff.

Best of luck!
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Thank you! I did speak with the USNA med staff liason yesterday and was essentially told what you have stated here.....that we must provide NEW data to have the appeal considered. There are several other moving parts to this, which would be hard to put in this post. From the replies here, it sounds like DoDMERB might be able to help guide us with an appeal strategy/approach. Our main issue is I don't believe the Navy doctor (decision maker) reviewed his entire med file....but, that is speculation on my part. We are hoping that an appeal might trigger a more comprehensive review and consider compensating factors in our case. So, reaching out here for someone that might have some insight on that.
 
Usnavy2019 said:
Mr. Mullen helped me out greatly when I had questions. I had asthma when I was a kid and he helped me greatly and I even sent him a spirometry to go along with my file. I got remedialed and eventually qualified, but it was for a burn I received, not asthma. Please keep in mind however, that DoDMERB is purely in the business of evaluating those applying to commissioning sources to determine if they meet medical accession standards. In other words, they simply qualify or disqualify candidates. The commissioning source(s) waive disqualifying medical conditions. So you definitely have the right to appeal, but just keep in mind that the final decision rests with the Senior Medical Officer at the Naval Academy. Mr. Mullen would probably be able to provide some valuable appeal advice though. kp2001 (Merchant Marine Academy Graduate and Navy Doc) would also be a good person to talk to. Good knowledge of Navy medical regs there. Best of luck and hopefully everything works out!
Click to expand...

Thank you! I would like to connect with kp2001....as a new member, how do I PM him/her?
 
Just to be clear, the Superintendent makes these decision with advice/recommendations from the doctor.
 
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