Learning disability

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afhopeful

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My son is a high school junior.

In third grade he was evaluated by the school district and given the learning disability of written expression. He had an IEP through 5th grade.

In 6th grade he began attending a private college prep school. They do not have IEPs, but he was given an accommodation of extra time on exams which he used through the end of freshman year. At the beginning of sophomore year (early Sept 2015) we submitted a written request to discontinue all accommodations. He has not taken any standardized tests (PSAT, SAT or ACT) with accommodations.

His GPA is 3.9 unweighted with AP and honors classes. His PSAT scores were 680 Lang and 650 Math. Has not yet received SAT or ACT scores yet. His grades have stayed the same without accommodations.

How do we address this on his medical form? What kind of supporting documentation would they possibility ask for? We don't have a re-evaluation showing that he does not have the learning disability, only his school performance.
 
Was he ever medically evaluated and diagnosed for the learning disability?
What was the response from the school regarding discontinuance of accommodations?

I would contact DoDMERB for more clarity. It might be less consequential if there has been no learning issues since third grade and there has been no medical diagnosis. Perhaps MAJ/Dr. Mabry will see this post.
 
Here is what is in the medical standard:
b. History of learning disorders (315), including but not limited to dyslexia (315.02), UNLESS applicants demonstrated passing academic and employment performance without utilization of academic and or work accommodations at any time since age 14.

Here are the questions on the medical form that may trigger evaluating your DS based on the above standard. Have you ever had or do you have:
23. Any mental conditions or illness.
71. Learning disabilities or speech problems.
(and the 2 catch all questions)
77. Consulted or been treated by clinics, hospitals, physicians, healers or other practitioners for other than minor illnesses?
78. Hand any injury or illness other than those already noted?

I do not see any where where they specifically ask if there was ever an IEP or academic accommodations.

Was the "learning disability of written expression" a diagnosis? Is there a medical condition? At a minimum I believe DS will respond "yes" to learning disabilities. You have a diagnosis from 3rd grade, but nothing that states that the condition has been resolved. It would be nice if you had some documentation from some authority to reference in the response to state that the disability no longer exists (if that is the case). Additional documentation that you may need for a remedial will be you DS IEP, documentation of the accommodation after 6th grade and his transcripts. You may want some specific documentation that states no IEP or accommodations since 9th grade.

Based on DS academic performance I would hope a waiver would be possible. IMHO it should be. Unfortunately it is not my opinion that counts.
 
The learning disability was not medically evaluated or diagnosed by a physician. He was having problems with reading/spelling and in order to get resource help in school, he needed to be evaluated by the school district. I'm guessing the testing was done by a school psychologist. He qualified and received direct help in 3-5 grade. Then he switched schools. The new school did not offer resource help, but he was given extra time for exams. He was 14 (end of freshman year) when he last took an exam where he could have extra time. He is a junior now.

The school had no problem with discontinuing his accommodation. He had excellent grades, and he said he always finished his exam in the regular time allotted and did not need the extra time.
 
Quick question.

The medical standard says "History of learning disorders .... Unless applicants demonstrated passing academic and employment performance without utilization of academic and or work accommodations at any time since the age 14."

Help me understand "since the age 14." I would have been a horrible lawyer.

If he used accommodations when he was 14, but not after, and had passing performance, he would be in compliance with the standard. Or did he need to last use accommodations when he was 13.
 
You are correct.
"since the age of 14" would mean, anytime after 12:01 (midnight) of his 14th birthday. So accommodations at age 13 and a half would NOT be included.

Definition of since:
in the intervening period between (the time mentioned) and the time under consideration, typically the present
 
Having an attorney in the family... The question is have you ever ... So the answer is "yes" Then the explanation is he had accommodations until XX/XX or until he was age X. Then DoDMERB will apply the standard. And @AROTC-dad is correct with the definition of age.

But remember DoDMERB is going to apply the standard for medically qualified (meets the standard) or disqualified (does not meet the standard). Then the Service Academy (SA) or ROTC would review the file for a possible waiver.

Go to the DoDMERB website https://dodmerb.tricare.osd.mil/Default.aspx there are some helpful links. Questions on the Process, FAQ's, Internal Workflow Diagram, Workflow Diagrams of Medical Waiver Consideration. Read through those 4 links to get a better understanding of the process. After you have done your homework, contact Larry Mullen, he is the Deputy Director of DoDMERB. He used to be a frequent contributor here, but he now only answers questions through DoDMERB. His contact information is on one of the links I referenced above. You may be able to find out if the grade school's determination would be considered a diagnosis and reportable. Also find if extra test time is "accomodation". Becoming educated will help navigate through the medical process.

Take a look at this thread https://www.serviceacademyforums.com/index.php?threads/eczema-dq.52863/ It relates to esczema, not on point, but a tricky diagnosis to get waived. One strategy is to get an ex-military physician to render an opinion. Others used their pediatrician to write an opinion.
 
If your son received academic accommodations, he would most likely be DQed for D231.90: Academic Skills Disorder. If he was evaluated by the school district, you should get all the paperwork regarding it (IEP, Psychologist evaluation, testing conducted and what deficiencies were noted). It is possible to get a waiver. He would have to be on no medication and academically successful without any academic accommodations for at least a year.
 
Most IEPs are placed with supporting evidence from a diagnosis. Parents can't request special accommodations on a whim. Even if the medical documentation managed to disappear, the existence of an IEP (at any age) would be evidence of a disorder. I assume @MohawkArmyROTC is a ROO, but he/she is correct.
 
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