Questions about the overall Waiver Process

Okay, a few days ago, I posted a thread detailing that I received a conditional LOA, which is all dependent on whether I receive a waiver from dodmerb or not. I should note that my condition was not too serious, (a bulging disc in my back over a year ago) and since then, I have gone through an entire baseball season, football season, (where I was beat up pretty bad every game) and have been training extensively for the past few months for both the academy and marine corps option rotc, having experienced absolutely no issues. I was initially DQ'ed back in September, despite all of this, and having sent in a note from a spine specialist saying that he wouldn't withhold me from any activities. A few days before I received my conditional LOA, dodmerb contacted me saying that they required additional medical information, to include medical records and a full release form from a private doctor. (which again, wouldn't be an issue.) sorry to rant a bit, but I feel that I need to fill in the entire situation.
Given this, I have a few questions. if for some reason I am denied a waiver again, does that mean I am done, or can the Academy still pursue medical clearance for me? (In other words, does the USNA have any authority to be able to override dodmerb.)
Also, I doubt anyone on here would know this, but if you do, do you have any idea if a DQ for a "herniated nucleus pulposus" is hard to overcome? To reiterate, I only had a bulging disc, it was never herniated, although I realize they may be classified the same way.
Any responses at all would be VERY appreciated because I've been fairly stressed out about this since I received the LOA. Thank you!

1.) You waiver will come from USNA, not DoDMERB

2.) It is likely USNA requesting this additional info via DoDMERB. If this is the case you remedial will say something along the lines of “waiver authority requests additional information.”

NE2023 said:

, does the USNA have any authority to be able to override dodmerb.)

Click to expand...

DoDMERB does not issues waivers. They are very black and white — DQ or Q.
USNA “overrides” (waives) DoDMERB accession standards at their own discretion.

Good luck. All you can do is provide the information requested.

So I can comment on the hoops we had to jump through for medical clearance. We had AMI's. We had to provide very detailed records from the physician and also provide signed and dated affidavits in regards to her disqualifying condition. We had 2 different rounds of AMIs. The second round asked for slightly more detailed information. The whole process took about 4 months (some waiting on forms released from our doctor and figuring in the holidays). In the end she was granted the waiver. The USNA is the body that granted the waiver as unrestricted. We know this because we received a letter and are still waiting on clearance from NROTC for the same disqualifying condition. Best of luck and hope this gives you a little extra info.

If you are in "Waiver" status, your file is at USNA and USNA will determine your fitness for training and duty. But, remember this, there are some "discretionary" appointments than can bypass medical out there, so even if you fail on the waiver it is not over till I-Day. As for "back issues", I don't even want to go there. I volunteer at the VA helping vets and EVERYONE hates backs! They will probably want a signed statement from your doctor that the disc is not going to be any kind of an issue and has gotten no worse in X time. Even then, it will go into your military medical file and if you have further issues or have to be med boarded out, they will use that to deny you any military or VA benefits. That's one of the reasons so many candidates are sent through the waiver process, it lets the military "pre-exist" that condition so they aren't responsible for it.

You are not in remedial, you say you are waiting for a "waiver". That means your medical file is at USNA and the medical and admissions folks there will decide whether or not to grant your waiver, DoDMERB has nothing to do with it. Also, even if you don't get the "waiver" there are a certain number of "Discretionary" appointments available if they really want you, they will just "pre-exist" your condition and have you sign a waiver of liability for that issue before you swear in. What that means is if you have future serious issues with the same thing, they will discharge you without military or VA disability benefits.

I volunteer at the VA helping vets with claims and benefits and I have more and more people come in that entered with the pre-existing conditions and a waiver of liability and nothing I could do helped them get benefits because of the pre-existing and waiver designations. If they pre-exist you, but don't ask you to sign a waiver, you will be fine, it just gets chalked up to "in service aggravation" and things are OK. Just don't sign the waiver is my advice, it may come back to haunt you.

Impulsive said:

But, remember this, there are some "discretionary" appointments than can bypass medical out there, so even if you fail on the waiver it is not over till I-Day.

Click to expand...

There is no magic "bypass" to Medical requirements, You either qualify, have a waiver or get rejected.

As has been explained, DODMERB's standards are pretty clear. You either meet them or you don't. The purpose of the DODMERB "remedial" process is to gather further information to determine whether you meet the standard. This information may also be used to support consideration for a waiver, if appropriate.

If you don't meet the DODMERB standard, the Supe may grant a waiver -- but either by rule, or by practice, these waivers are limited to specific conditions. Simply put, some conditions are not waiverable. In addition, the number of waivers for a specific condition is often limited as well. Finally, how a disqualifying condition is viewed may be different between the Services.

If you don't pass the Medical Requirements, or don't get a waiver, then you don't get an Appointment. There is no "bypass."

Skipper07 said:

1.) You waiver will come from USNA, not DoDMERB

2.) It is likely USNA requesting this additional info via DoDMERB. If this is the case you remedial will say something along the lines of “waiver authority requests additional information.”

NE2023 said:

, does the USNA have any authority to be able to override dodmerb.)

Click to expand...

DoDMERB does not issues waivers. They are very black and white — DQ or Q.
USNA “overrides” (waives) DoDMERB accession standards at their own discretion.

Good luck. All you can do is provide the information requested.

Click to expand...

Okay, thank you for clarifying! I had no idea that USNA ran the waiver process.

Impulsive said:

You are not in remedial, you say you are waiting for a "waiver". That means your medical file is at USNA and the medical and admissions folks there will decide whether or not to grant your waiver, DoDMERB has nothing to do with it. Also, even if you don't get the "waiver" there are a certain number of "Discretionary" appointments available if they really want you, they will just "pre-exist" your condition and have you sign a waiver of liability for that issue before you swear in. What that means is if you have future serious issues with the same thing, they will discharge you without military or VA disability benefits.

I volunteer at the VA helping vets with claims and benefits and I have more and more people come in that entered with the pre-existing conditions and a waiver of liability and nothing I could do helped them get benefits because of the pre-existing and waiver designations. If they pre-exist you, but don't ask you to sign a waiver, you will be fine, it just gets chalked up to "in service aggravation" and things are OK. Just don't sign the waiver is my advice, it may come back to haunt you.

Click to expand...

Thank you for the response! That makes me feel a little better knowing it's in the academies' hands. I appreciate it!