Medical Waiver Denied

Discussion in 'Naval Academy - USNA' started by ashiorio, Oct 30, 2011.

  1. ashiorio

    ashiorio Member

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    I am an applicant to the Naval Academy's class of 2016 and today I went online to DoDMERB to find that I have been denied a waiver after being medically disqualified. Does this mean there is nothing else I can do to get in? How does this affect my chances for an NROTC scholarship? Should I not go to my interviews for nomination? Any information on my current situation would be greatly appreciated.
     
  2. usna1985

    usna1985 USNA Alumnus

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    I suggest you contact your Regional Director at USNA. He/she can tell you whether this is a final determination (in which case it doesn't make sense to continue your application) or whether it is subject to change.
     
  3. 1964BGO

    1964BGO Member

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    Until you get a definitive answer to your status I would counsel strongly against stopping your application processes to NROTC or USNA. You have put a lot of time and energy into your applications and you need to keep it alive unless or until you are told to hang it up. Best wishes to you.
     
  4. sweettooth

    sweettooth Parent

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    Of course not knowing anything about your specific case it's hard to say how to proceed. My advice is to continue the application process. You might consider having your pediatrician write a letter in support of your medical status, depending on what the medical issue is that might help.
     
  5. Luigi59

    Luigi59 Banned

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    Is that possible at USNA? What would have to happen for a waiver DQ to be reversed?

    Has it ever happened before? (waiver reversals, not rebuttals).

    If so, it would give hope to thousands of DQ'd candidates who were denied waivers.

    Then again, it may "re-clog" the system with cases that were already definitively decided and cleared out.

    Isn't the waiver denial a definitive answer? Is it even open to debate?

    Unlike a rebuttal (where the candidate disputes that the DQ condition exists), the waiver denial is a judgment call by the individual service branch, and I was under the impression that there was no higher appeal route.

    A great suggestion before the waiver is decided, but isn't it too late for something like this?

    Although it's disappointing for any candidate to hear "no" I seem to remember that once the SA waiver authority decides to deny the waiver (providing that the original DQ condition actually exists/existed), there is really nothing else to do except move on.
     
  6. Mongo

    Mongo Banned

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    What Luigi said.
     
  7. buff81

    buff81 Moderator

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    A denied waiver can be appealed. However, it is rare that it will be overturned but I know of one that was.
    My understanding is that you have to have new information that was not included in the original waiver request. Something like a new test or doctor's opinion/report that would prove that the reason for the DQ does not exist.
    USNA1985 gave good advise.
     
  8. slayne

    slayne New Member

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    My son, Class of 2014, was medically denied for 2 reasons. One reason was that he had shoulder surgery his sophmore year in high school. He had fully recovered from this and played football and baseball his junior and senior year in high school. The second reason he was denied is that he is lactose intolerant. He had actually gotten a letter from the academy saying that he would recieve an appointment if he were found to be medically qualified. Our Congressman's office called him to ask if he was going to accept the appointment and he explained to them the letter that he had received the day before. Our Congressman's office called the academy and within 2 hours called our son back and told him he would be medically qualified and then wanted to know if he would accept the nomination. He said YES, of course he would accept it. The appointment arrived in the mail on Christmas Eve. So, I would say keep working on getting admitted -you never know.
     
  9. Luigi59

    Luigi59 Banned

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    So he initially received a DoDMERB disqualification, then he was denied a waiver that was successfully appealed?

    Or was his case a simple waiver approval?

    The former is rare. The latter happens hundreds of times a year.
     
  10. buff81

    buff81 Moderator

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    The above brings up an interesting situation.

    It's hard to tell with the timeline and terminology used but at first glance, I thought that slayne's DS was really DQ'd by DoDMERB on two counts and also had a LOA. That the DQs were resolved before waivers were requested by the Academy. Therefore, with medical qualifications and a LOA and a nomination - his DS was offered an appointment.

    However, if waivers were requested for the 2 DQs and then denied by the waiver authorities, then it appears that the admissions committee did not take the recommendation of the waiver authorities and offered the appointment.

    The waiver authorities ONLY make a recommendation (waiver denied, waiver granted) to the admissions committee.
    The admissions committee can do what they want with that recommendation.
     
  11. Luigi59

    Luigi59 Banned

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    So a waiver denial by the academy is not the final determination, and any candidate who is denied a waiver by the USNA should continue to pursue the appointment by appealing the decision by submitting new information?

    Are you only limited to one appeal? Or if new information becomes available (new tests, new letters from doctors, etc) can that be submitted and appealed again?

    Good to hear, thanks. I'm sure that every candidate who was DQ'd by DODMERB and subsequently denied a waiver by USNA will be happy to hear that.
     
  12. buff81

    buff81 Moderator

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    The key words are - new information that proves that the condition does not exist anymore. The submission of new info goes through DoDMERB.

    If there is new info that was not in the first appeal. You just can't submit the same info over and over and expect a different outcome.

    You bring up a good point in that my with experience waiver denials and subsequent appeals is with USMA.
     
  13. Luigi59

    Luigi59 Banned

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    But that's a different subject entirely, right?

    Now you are talking about a rebuttal, not a waiver appeal.

    A waiver acknowledges the disqualifying condition exists (or a history of the condition) and seeks the academy to grant an exception, in spite of the condition.

    A rebuttal is a direct denial that the condition exists or ever existed.

    I think this is where my confusion is coming from. Candidates who dispute the condition are entitled to rebut the DODMERB disqualification and have the DQ reversed. This is not uncommon.

    But I've never heard of a waiver denial being reversed.
     
  14. buff81

    buff81 Moderator

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    Luigi59 -
    I understand the confusion and I wish I could clarify but I don't know the intricate details involved in the process.
    Now that I think about it, I know of 2 denied waivers that were successfully appealed.
    I also seem to recall that there was a poster here that said they had appealed a denied waiver a couple of times and was finally successful and received an offer of appointment.
    Although it is very rare, it does happen.
     
  15. popeyesmom

    popeyesmom Member

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    My son - Class of 2013 - successfully appealed his medical disqualification. He had an LOA in hand in October but then received a "have a nice day, you are medically disqualified" letter. He wrote a letter to the head of medical at Navy and had a few others write letters on his behalf. He was persistent and did give up.. As part of the medical process dodmerb sent him to one of their approved specialists who recommended that the waiver be approved. It was still denied but with my son's letter, the specialist's phone call and letter and another letter being sent in support of son and lots of prayer, all was approved.
     
  16. AF6872

    AF6872 Member

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    Class of 2011 with LOA. Had DoDMERB denial based upon history provided by a "retired Physician volunteering his time at the school". Worked with DoDMERB and qualified independent Physician. Letter from Physician and review by DoDMERB board decided that condition never existed. Graduated USNA 2011. Never give up and try every avenue of rebuttal of a DQ. Cost some extra money but well worth it.
     
  17. Luigi59

    Luigi59 Banned

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    The OP is not dealing with a rebuttal, but is instead trying to reverse a waiver denial.

    DQ rebuttals are very common, usually due to a misunderstanding of the question or answer, or something unclear in the medical records. Having a DQ removed by rebutting the incorrect DQ is not that hard, in fact, I was told by DODMERB that it is pretty straightforward process to reverse an incorrect DQ.

    However, the "waiver reversal" is an extremely rare thing.

    To think that they (the academy) would again re-open and re-examine a case, unless there is something clearly and convincingly incorrect, is grasping at straws and is indeed unlikely.

    I wish the OP good luck, but they need to prepare for the most likely outcome - that the waiver denial will not be reversed.
     
  18. usna1985

    usna1985 USNA Alumnus

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    Waivers are within the purview of the SAs, not DODMERB. This is why I suggested that the OP contact his/her Regional Director. The RD is in contact with the folks at USNA who make the waiver decisions. He/she can let you know whether the decision is final and not subject to reversal or whether there is any chance that it could be reversed.

    As noted, I would be very direct with the RD wrt whether it makes sense for you to continue with the application/nom process. I can't imagine an RD telling you there is no hope when there is a possibility of a reversal, however slim that possibility might be.

    In all honesty, the situation probably depends on the reason for the DQ (which is no one's business but yours). There are undoubtedly some things that won't change medically and that USNA won't waive under any circumstances. If that's you, then it is over. But folks on this board aren't the ones who have any of that information, which is why you need to contact your RD.
     
  19. 2012mom?

    2012mom? Member

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    My Mid is an example of someone who was deemed medically DQ'd (for asthma) , was denied a waiver by USNA (was OK'd by NROTC), then was successful in appealing the USNA waiver denial.

    To the OP: If your candidate has failed a methacholine challenge test (MCT), it is (IMO) unlikely that you will prevail. It also matters a LOT how long it's been since any symptoms/treatment have been observed.

    However, if your candidate has not taken the MCT, it may be worth the cost of the test for you to have it done. It's the "gold standard" of asthma testing, but be aware that it can be hazardous for someone who DOES have asthma.

    Good luck!
     
  20. usna1985

    usna1985 USNA Alumnus

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    ^^^

    This assumes the OP has an issue with asthma. Did I miss something? His/her medical issue is really not something for these forums, unless he/she chooses to disclose it (which I would recommend against).
     

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