When are medical records requested

Discussion in 'DoDMERB' started by TheRivers, Jan 7, 2010.

  1. TheRivers

    TheRivers New Member

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    I read RetNavyHM’s sticky post “meet the new moderator” and this helped me quite a bit to understand the DODMERB/waiver process. My question deals with the transition from DODMERB DQ review to waiver reviews and when medical records are requested along with a statement from the applicant about a DQ.

    For example, let’s say an applicant had laparoscopic surgery 4 months ago. Based on the Section E1.11.11.2 of the Medical Standards for Appointment, Enlistment, or Induction in the Armed Forces, “History of open or laparoscopic abdominal surgery during the preceding 6 months is disqualifying.” In such a case, I assume DODMERB would reach a pretty quick decision that this applicant has a DQ because the surgery was only 4 months ago. That seems pretty black and white, which is how I understand DODMERB works.

    After the DQ , the applicant can apply for a waiver. At some point DODMERB or the waiver team will gather medical records on the applicant’s condition and perhaps review a letter of explanation from the applicant. Based on this information, the waiver team will decide whether the specific individual’s DQ was significant enough to impede their expected success in that branch of the military. They could, for example, review medical records for the laparoscopy procedure and determine it was not a major issue and was not an indicator of a future problem. In such a case, it would be likely they would grant a waiver. Or they might determine the individual is likely to have additional problems in which case they would not grant a waiver.

    Questions:
    1. Is my scenario above generally accurate, if not, where is it wrong?
    2. When in this process would the medical records and applicant statement be requested? By DODMERB prior to issuing the DQ, or by the waiver team?
     
  2. Just_A_Mom

    Just_A_Mom Member

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    1. I think so. This seemed to be how it worked when my daughter went through her dq.

    2. Once DoDMERB issues the DQ or Q they are done. Unless you appeal directly to them challenging the DQ - then it's your responsibility to provide further information.
    If you challenge the DQ and it stands then your challenge and all information will be sent to the waiver authoritie(s).
    Waiver authorities may request further information - i.e. medical records, medical tests etc.

    Of course - in the case you illustrate - one would be eligible to be Q'd in two more months, which is plenty of time for an appointment/scholarship.
     
  3. TheRivers

    TheRivers New Member

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    Just_A_Mom thanks for the input and clarifying that I have the process down.

    If an application gets a DQ, does the applicant have a choice to challenge the DQ with DODMERB or to go directly to the waiver process? A DQ challenge would be taking a position that the applicant does not satisfy the criteria for a DQ. A waiver request says that the DQ is accurate, but the condition will not affect the success of the applicant in the military and the applicant provides medical records to back this up.

    In a nutshell, is a DQ challenge to DODMERB is necessary, or if the applicant agrees with the DQ, can they proceed directly to the wavier process to demonstrate it is not longer an issue.
     
  4. Just_A_Mom

    Just_A_Mom Member

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    Right - you certainly don't have to rebut the DQ. You can wait until the commissioning body seeks a waiver and any additional information.

    My thinking - it is okay to be proactive and send a letter to DoDMERB rebutting the DQ and outlining the reasons.

    In my daughter's case - she had an asthma DQ. She wrote a letter to DoDMERB challenging their DQ and explaining her case, what happened when she was diagnosed and how it did (or didn't) affect her. Her letter was sent to the Academy and used as part of her package in granting her waiver.
    So - while the DQ may not be overturned - the challenge may be proactive and possibly speed things up.

    Remember - DoDMERB is black and white. In the case you illustrate - 6 months from a laparoscopy is a DQ. Clearly this is arbitrary based on the general population - not an individual case. While one person may be fit 3 months later, another person may take 5 months to be fit for service. Rebutting makes your case personal.
    The more information that either Dodmerb or the waiver authorities the better able they are to make a fully informed decision on your case.
     
  5. TheRivers

    TheRivers New Member

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    Just A Mom, thanks so much. You hit on the issue I've been struggling with: when to launch our explanation to be most effective and to get rapid resolution (one way or the other). I'm assuming we'll get an initial DQ on an item (not the example I used, btw), so at that time we'll be prepared with an explanation letter to DODMERB and I think medical records will back up our position on the DQ item (which will probably become the basis of the waiver request).
     
  6. Just_A_Mom

    Just_A_Mom Member

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    when you get the DQ, contact Larry Mullen at Dodmerb. He can provide valuable assistance and guidance.
    You might want to start requesting medical records now. When my daughter's were requested - some took weeks and weeks.

    btw- I am sending you a pm.
     
  7. MullenLE

    MullenLE Member

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