Waiver Denied

[fmcmissile]

I just learned yesterday that my waiver for USNA was denied, but I have not yet begun to fight (thank you John Paul Jones). I can and will appeal their decision, so I wanted to ask if anybody has any advice or experience with the appeal process they would be willing to share. Or are there certain people here or that I can contact that are knowledgeable about how to fight this? Also, does anybody know what the success rate of appeals is? Finally, who evaluates appeals? I would guess is it the AMO at the SA, but I am not sure. Overall I would like to know how can I best set myself up to win?

I was disqualified for a history of Attention Deficit Disorder with or without hyperactivity because I was misdiagnosed in 5th grade.

I just wanted to share a little about me to add some context to the situation:
I have a 4.65 weighted GPA and am an IB Diploma candidate. I am a tri sport athlete: varsity wrestler and captain, and track/field and cross-country runner. I have a 33 composite ACT and a perfect reading section. I have nominations from my representative, and both senators, with one senator giving me his principal nom. I was awarded an NROTC-MO scholarship, went to Summer Seminar, and my grandpa is a retired Marine infantry colonel and USNA grad too. USNA has been my goal for the past 3 years and I am crushed.

 

[Capt MJ]

For a chance at a successful appeal, I believe you have to bring new supporting information.

Did you provide supporting evidence from a healthcare provider you were originally misdiagnosed? (Rhetorical) Anything new from other professional sources that supports you are able to function at a high level without medication, accommodations, etc.

No way to know data on waivers given for this code. It is a case by case review, with an eye to policy and precedent.

I think the waiver authority reviews it all again plus any new info you submitted

 

[jbm2m]

According to DoDMERB officer accession standards a diagnosis of ADHD i 5th grade shouldn’t, in and of itself, be disqualifying. Have you had a 504 Plan or IEP in high school? Have you taken medication for it after the age of 13?

 

[ProudMom7]

According to DoDMERB officer accession standards a diagnosis of ADHD i 5th grade shouldn’t, in and of itself, be disqualifying. Have you had a 504 Plan or IEP in high school? Have you taken medication for it after the age of 13?

I agree. Even with that in your record, I wouldn't expect that to be a DQ that is unwaiverable unless you have other information in your records that support it. @jbm2m asks the right questions. If you've not had a 504 or IEP and never had medication and if you have a doctor supporting your claim it was a misdiagnosis, then I am surprised at this result. If you didn't have a doctor refute the diagnosis, that would be the first thing I would suggest.
Also, each Service Academy has their own waiver process so even if your appeal is not successful at USNA, you might have a different waiver result if you applied to more than one SA.

 

[jbm2m]

I would recommend having 2-3 additional/separate opinions/assessments noting no evidence of ADHD. If you have been on meds or had educational accommodations, depending on timing, it will be more difficult. For what it’s worth, going through something similar with DD for misdiagnosed GAD. At USAFA’s recommendation, we submitted two additional opinions noting no criteria for diagnosis - one of whom is retired USAF psych.

 

[fmcmissile]

Thank you all

 

[Capt MJ]

Another critical point is how and when did you know you were misdiagnosed? What steps were taken to correct that at the time and are they documented in your records? Did you use an IEP, 504, medications or accommodations, if you had them, and when and why were they stopped, and is that documented in medical and school records? (Rhetorical)

Your strategy should be to present significant corroborating new supporting documentation from appropriate sources.

 

[Capt MJ]

And if you decide to go looking for a medical provider with a military background, look at their educational profile.
- attended USUHS medical school (but it can be any civilian medical school)
- did a residency, fellowship or had jobs at places like Walter Reed National Military Medical Center, or hospitals or medical centers with “military” or “naval,” “Army,” “Air Force” in the name. Some of these have closed in recent years, but the veterans here on the forum can confirm they were military.

 

[mharrisnewman]

For a chance at a successful appeal, I believe you have to bring new supporting information.

Did you provide supporting evidence from a healthcare provider you were originally misdiagnosed? (Rhetorical) Anything new from other professional sources that supports you are able to function at a high level without medication, accommodations, etc.

No way to know data on waivers given for this code. It is a case by case review, with an eye to policy and precedent.

I think the waiver authority reviews it all again plus any new info you submitted

I am in a similar situation. DQ for childhood ADHD. No meds for 2 years. No IEP or 504. ACT 36 Reading; 33 Math; 32 Science; GPA 4.3. Athlete and team captain. I am waiting to hear if I’m going to get a waiver. No AMI has been requested. I would like to make an appointment with a psychologist for a neuropsych assessment because I think it will show that I do not have ADHD. I think the ADHD was misdiagnosed as a child. Does anyone have any recommendations of somebody I could go to for testing? I live in the Chicago area. Do you think this would be helpful? I thought if a neuropsych battery shows I don’t have any problem with focus, attention, or concentration, and I submit it to DoDMERB, it might help with the waiver authorities at the AcademiesI also got an NROTC scholarship, but I won’t be able to use that, either, unless I get a waiver. I’m trying to figure out if there’s anything else I can do that’s proactive that might help in the determination of a waiver.

 

[jbm2m]

I am in a similar situation. DQ for childhood ADHD. No meds for 2 years. No IEP or 504. ACT 36 Reading; 33 Math; 32 Science; GPA 4.3. Athlete and team captain. I am waiting to hear if I’m going to get a waiver. No AMI has been requested. I would like to make an appointment with a psychologist for a neuropsych assessment because I think it will show that I do not have ADHD. I think the ADHD was misdiagnosed as a child. Does anyone have any recommendations of somebody I could go to for testing? I live in the Chicago area. Do you think this would be helpful? I thought if a neuropsych battery shows I don’t have any problem with focus, attention, or concentration, and I submit it to DoDMERB, it might help with the waiver authorities at the AcademiesI also got an NROTC scholarship, but I won’t be able to use that, either, unless I get a waiver. I’m trying to figure out if there’s anything else I can do that’s proactive that might help in the determination of a waiver.

Take this with a grain of salt (free advice on the internet, etc), but you should meet the medical accessions standards (https://www.esd.whs.mil/Portals/54/.../613003_vol1.PDF?ver=7fhqacc0jGX_R9_1iexudA== a - page 50). I think I’ve read that DoDMERB is extra cautious with these, still DQ-ing and allowing waiver authorities to make their own decisions.