Disqualified - Waiver?

S

SAHopeful2015

Member
Joined
Nov 8, 2017
Messages
51
My DS was medically disqualified for a past shoulder issue. We figured he would be due to a torn labrum repair 2 years ago -- he has been medically cleared for all activity and has been playing tackle varsity football this past year without missing any action because of the shoulder. My question is this - his AF portal just says "Medically disqualified". Does this mean it has already been determined no waiver will be requested? His USMA portal says "Medically disqualified, stand by for further action by the regional commander if a medical waiver will be requested". Any insight is helpful. Thank you!
 
DODMERB is the final authority on these things. If DODMERB is showing Pending Waiver, then that might be the case. Did USAFA ever show a "Waiver Requested" Notice on their portal? Because USAFA is who will request the waiver.
 
Kicker2021 said:
DODMERB is the final authority on these things. If DODMERB is showing Pending Waiver, then that might be the case. Did USAFA ever show a "Waiver Requested" Notice on their portal? Because USAFA is who will request the waiver.
Click to expand...

No - USAFA's portal went from "pending DODMERB medical review "to "disqualified". DODMERB's portal went from "under review", to "remedial requested" to "pending waiver review by USAFA".
 
I guess I don't understand how the DoDMERB website status would change from "remedial requested" to "pending waiver review by USAFA", if he didn't GET a remedial (and answer it and send it back).
If he had a remedial posted (there should have been a live link to a form) and he answered it (by printing, filling out, and returning a questionnaire or having his doctor fill out a questionnaire)
and sent it in, then that's why the status is "pending waiver review by USAFA". If that was in fact the case, and his portal status then changed to "Medically Disqualified", then that probably means that they reviewed the waiver and decided not to grant it.

Now, if your DS has NOT filed a remedial, then that COULD mean that the DoDMERB status changed to "Remedial Requested" and the possible solution (file a remedial and/or request a waiver) was posted and the time frame for responding to it (10 days) expired. USUALLY, when the DoDMERB status changes, it triggers an automatic EMail with words to the effect "your status has changed, please login to the DoDMERB website for further information".
You cannot however, count on that email !

If he missed that change though, the link to the form describing the additional information (which they were requesting with the remedial) should still be in his DoDMERB portal.
 
THParent said:
I guess I don't understand how the DoDMERB website status would change from "remedial requested" to "pending waiver review by USAFA", if he didn't GET a remedial (and answer it and send it back).
If he had a remedial posted (there should have been a live link to a form) and he answered it (by printing, filling out, and returning a questionnaire or having his doctor fill out a questionnaire)
and sent it in, then that's why the status is "pending waiver review by USAFA". If that was in fact the case, and his portal status then changed to "Medically Disqualified", then that probably means that they reviewed the waiver and decided not to grant it.

Now, if your DS has NOT filed a remedial, then that COULD mean that the DoDMERB status changed to "Remedial Requested" and the possible solution (file a remedial and/or request a waiver) was posted and the time frame for responding to it (10 days) expired. USUALLY, when the DoDMERB status changes, it triggers an automatic EMail with words to the effect "your status has changed, please login to the DoDMERB website for further information".
You cannot however, count on that email !

If he missed that change though, the link to the form describing the additional information (which they were requesting with the remedial) should still be in his DoDMERB portal.
Click to expand...

Sorry - I may have missed a status in there some where. He did complete the remedial paperwork requested. Here is the complete status showing on his portal:

02-OCT-17 Date applicant entered into DoDMERB system
18-OCT-17 Actual date of exam
18-OCT-17 Application Added
02-NOV-17 Date exam received at DoDMERB
02-NOV-17 Medical data entry
07-NOV-17 Date letter uploaded - Remedial R220.00, R251.12
07-NOV-17 Date exam reviewed
12-NOV-17 Date exam reviewed
14-NOV-17 Date letter uploaded - Remedial R220.00
15-NOV-17 Date exam reviewed
30-NOV-17 Date letter uploaded - Disqualification D225.00
30-NOV-17 Date letter uploaded - Disqualification D225.00
30-NOV-17 Date exam reviewed

Agency: US Air Force Academy
Cycle Year:2017
Current Medical Status: Pending Waiver Submission/Review
Code Description
R250.40 Pending waiver review by USAFA
D225.00 History of any dislocation, subluxation, or instability of the shoulder

Agency: US Military Academy
Cycle Year:2017
Current Medical Status: Pending Waiver Submission/Review
Code Description
R250.00 Pending waiver review by USMA
D225.00 History of any dislocation, subluxation, or instability of the shoulder
 
By definition, labral tears cause shoulder instability, which is a DQ; therefore they require a waiver.
These are usually granted (except for the Marine Corps, SEALs, and anything with "SOC" in the acronym) if he has a "positive orthopedic consultation".

His only hope (appearing to me, anyway) is to appeal the disqualification, as both SAs appear to have medically DQ'd him.
If it was "repaired", I take that to mean he had surgery. From what I've read, surgery to repair a labrum tear is not disqualifying.
What is disqualifying regarding shoulders is "not having full range of movement, history of recurrent dislocations, and "residual weakness or symptoms such as to prevent satisfactory performance of duty including chronic joint pain". If your DS has solid documentation of the surgery and rehab/pt process, it may be all he needs to get it appealed.

This has come up before HERE (in 2013), but from reading the thread, I don't know if it was resolved. HERE is another one.
and HERE is another one. I just put "labral tear" into the search bar and got a lot of hits.
 
One thing to remember: DODMERB determines the status of any injury; is it DQ or not. Then its up to the SA to request a waiver. If DODMERB determines that the injury/history is waiverable, they will say "waiverable" and then it's up to the SA to act upon that. I have seen MOST waivers accepted; however one of my finest candidates EVER had a waiver "Granted by DODMERB" for a concussion (many years earlier, fully resolved, no residual effects) however the SA denied her entry saying they didn't think she recovered fast enough!! In the end, it's up to the SA.

Fingers crossed!!

Steve
USAFA ALO
USAFA '83
 
You see, I had NO IDEA that the SAs could request a waiver on the part of a candidate. My DS had to answer a couple of remedials, but there was never a waiver involved.
That is good information to have. This is why that poster above is a Super Moderator!
 
I think if your DS called Admissions, they may be able to give him a time frame as to when the review will be conducted. I recall from somewhere it's around 45 days but please don't hold me to it. Admissions would know . When did he submit the remedial paperwork? Is it the Nov 7 & 14th above?
 
SAHopeful2015 said:
THParent said:
I guess I don't understand how the DoDMERB website status would change from "remedial requested" to "pending waiver review by USAFA", if he didn't GET a remedial (and answer it and send it back).
If he had a remedial posted (there should have been a live link to a form) and he answered it (by printing, filling out, and returning a questionnaire or having his doctor fill out a questionnaire)
and sent it in, then that's why the status is "pending waiver review by USAFA". If that was in fact the case, and his portal status then changed to "Medically Disqualified", then that probably means that they reviewed the waiver and decided not to grant it.

Now, if your DS has NOT filed a remedial, then that COULD mean that the DoDMERB status changed to "Remedial Requested" and the possible solution (file a remedial and/or request a waiver) was posted and the time frame for responding to it (10 days) expired. USUALLY, when the DoDMERB status changes, it triggers an automatic EMail with words to the effect "your status has changed, please login to the DoDMERB website for further information".
You cannot however, count on that email !

If he missed that change though, the link to the form describing the additional information (which they were requesting with the remedial) should still be in his DoDMERB portal.
Click to expand...

Sorry - I may have missed a status in there some where. He did complete the remedial paperwork requested. Here is the complete status showing on his portal:

02-OCT-17 Date applicant entered into DoDMERB system
18-OCT-17 Actual date of exam
18-OCT-17 Application Added
02-NOV-17 Date exam received at DoDMERB
02-NOV-17 Medical data entry
07-NOV-17 Date letter uploaded - Remedial R220.00, R251.12
07-NOV-17 Date exam reviewed
12-NOV-17 Date exam reviewed
14-NOV-17 Date letter uploaded - Remedial R220.00
15-NOV-17 Date exam reviewed
30-NOV-17 Date letter uploaded - Disqualification D225.00
30-NOV-17 Date letter uploaded - Disqualification D225.00
30-NOV-17 Date exam reviewed

Agency: US Air Force Academy
Cycle Year:2017
Current Medical Status: Pending Waiver Submission/Review
Code Description
R250.40 Pending waiver review by USAFA
D225.00 History of any dislocation, subluxation, or instability of the shoulder

Agency: US Military Academy
Cycle Year:2017
Current Medical Status: Pending Waiver Submission/Review
Code Description
R250.00 Pending waiver review by USMA
D225.00 History of any dislocation, subluxation, or instability of the shoulder
Click to expand...
I wonder if your DS missed filling out one of the remedial requests. From what you posted above, it looks like on November 7th there were 2 remedial listed as uploaded and then on November 14th one of the original 2 was listed as uploaded again. Just a thought.
07-NOV-17 Date letter uploaded - Remedial R220.00, R251.12
14-NOV-17 Date letter uploaded - Remedial R220.00
 
DoDMERB Remedial Code List
DoDMERB Disqualification Code List

R251.21 (I think) is an allergic reaction (it's a fill-in the block). Resolving it is as simple as filling out a questionnaire. it reads: "DOES NOT REQUIRE A PHYSICIAN'S APPOINTMENT: Please provide additional information (signed and dated) REGARDING <fill in the block here> . As appropriate, include frequency, age at last occurrence, severity, circumstances, and any other pertinent information. If a physician or other health practitioner has treated you, please provide copies of all medical/treatment records if you have not already done so. "

It appears thatR251.21 was resolved, as it doesn't show up again in the list.

R220.00 is asking you to provide all copies of medical and surgical records. It reads: "NOT REQUIRE A PHYSICIAN'S APPOINTMENT: Please provide copies (NOT ORIGINALS) of ALL medical and/or hospitalization records (DO NOT SEND PHYSICAL THERAPY OR CHIROPRACTIC RECORDS) REGARDING <This is a fill-in the block thing as well, probably "repair of shoulder labral tear">, to include ALL applicable inpatient and outpatient records including, but not limited to, VA disability/examination records, DD Form 214, operative reports, pathology reports, follow-up visits, x-ray reports, etc. Additionally, please provide DoDMERB information (sign & date) regarding the extent of your participation in athletics/recreational activities during the past year. List and explain in detail if there were any restrictions imposed by the above condition or if any external supports or braces were required."

R220.00 shows up again on November 14th (but does not show another letter uploaded) and says it was reviewed on November 15th, so it appears that the first response was not deemed suitable to positively resolve the remedial with DoDMERB. My question is did they give your DS a chance to respond to the second iteration of the R220.00?

Finally, the D225.0 code returns "History of any dislocation, subluxation, or instability of the shoulder" as the reason for disqualification.
Again, if your DS can have a positive consult with an Orthopod who can go on record that there was no dislocation, subluxation or instability of the shoulder, then the way it appears to me is that this DQ can be appealed successfully.






 
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