MEdical Waiver Denied without Medical Documentation Request

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FollowingMyDreams

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Oct 5, 2023
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I underwent ACL reconstructive surgery on August 16th, and on September 16th, I had my DODMERB medical exam. During the examination, the doctor informed me that I would be disqualified but assured me that they would initiate the waiver process on my behalf. Recently, I received an email notifying me of my disqualification, but it also mentioned that I had been automatically considered for a medical waiver. However, this morning, I received another email stating that my medical disclaimer had been denied. Unfortunately, the email did not guide me in submitting my medical records.

My surgeon said I am recovering very well and am 6 to 8 weeks ahead of the typical recovery schedule for ACL patients. In response to the denial, I submitted an appeal online this morning. However, I'm uncertain about which documents to send with the request, as the online portal did not specify any requirements. Instead, it only provided an email address for submitting information. Does anyone have information on the documents that must be included with my appeal?

Thanks in advance for all of your help!
 
Some DQ’s are an automatic, unwaiverable type. Some are waiverable after a certain amount of time has passed. Some are waiverable to a certain number in total. Some are simply not waiverable, ever.

Your private surgeon and doctors are not the one to decide this. DODMERB has the day as to whether you meet, or don’t meet, against medical standards. He/she may feel you are for for duty, are healing ahead of the curve, but their opinion really has no bearing on military standards.

DODMERB decides if you meet, or don’t meet medical standards. The individual waiver authority decides whether or not to issue a waiver. The waiver consideration did occur, at the authority level. And they denied a waiver.

I’m not DODMERB, but that’s the process used. I think sometimes, readers rely on their own private medical staffs opinions about their fitness for duty. But they aren’t using military ascension standards to opine. That’s what DODMERB/waiver authority does.

BTW, if yours was a ‘time passed’ typed DQ/waiver denial, you can apply again next cycle. Your DODMERB exam is valid for two years.
 
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FollowingMyDreams said:
I underwent ACL reconstructive surgery on August 16th, and on September 16th, I had my DODMERB medical exam. During the examination, the doctor informed me that I would be disqualified but assured me that they would initiate the waiver process on my behalf. Recently, I received an email notifying me of my disqualification, but it also mentioned that I had been automatically considered for a medical waiver. However, this morning, I received another email stating that my medical disclaimer had been denied. Unfortunately, the email did not guide me in submitting my medical records.

My surgeon said I am recovering very well and am 6 to 8 weeks ahead of the typical recovery schedule for ACL patients. In response to the denial, I submitted an appeal online this morning. However, I'm uncertain about which documents to send with the request, as the online portal did not specify any requirements. Instead, it only provided an email address for submitting information. Does anyone have information on the documents that must be included with my appeal?

Thanks in advance for all of your help!
Click to expand...
ACL tears and surgery are particularly challenging DQs to overcome, as there is a one-year “time-out.” With a surgery on August 16th, if you are applying to a SA, that one-year clock runs over a late June 2024 reporting date. The military is very conservative; they want a generous healing window before the knee/ACL is put through heavy stress in indoctrination.

See military medical accession standard, p. 37:

Successful appeals usually include new information that shows grounds for a waiver. I am only a layperson here, but I think it’s the one-year thing that is your main DQ factor. Did you ask the doctor to create a letter documenting his or her professional opinion on your knee’s healing and prognosis?

If the news is the worst, it is not the end if the world. SA classes contain many re-applicants each year, many for reasons like this. You will pivot to one of your alternate plans you have developed. If that is ROTC, that starts later than the SA, so you should be good to go. This time next year you might be reapplying, and perhaps have obtained an additional nom from your ROTC unit commander, along with competing for Senator and Representative noms, along with VP and any service-connected. Your DoDMERB exam is good for two years, and you would just have to update certain statuses. Your essays would show increased maturity and talk about how you pressed on through this challenge. You of course would be excelling academically and as a ROTC cadet or midshipman.

Let us know how it goes.

Paging @GoCubbies for more professional insights.
 
FollowingMyDreams said:
I underwent ACL reconstructive surgery on August 16th, and on September 16th, I had my DODMERB medical exam. During the examination, the doctor informed me that I would be disqualified but assured me that they would initiate the waiver process on my behalf. Recently, I received an email notifying me of my disqualification, but it also mentioned that I had been automatically considered for a medical waiver. However, this morning, I received another email stating that my medical disclaimer had been denied. Unfortunately, the email did not guide me in submitting my medical records.

My surgeon said I am recovering very well and am 6 to 8 weeks ahead of the typical recovery schedule for ACL patients. In response to the denial, I submitted an appeal online this morning. However, I'm uncertain about which documents to send with the request, as the online portal did not specify any requirements. Instead, it only provided an email address for submitting information. Does anyone have information on the documents that must be included with my appeal?

Thanks in advance for all of your help!
Click to expand...
*Note and post above crossed in the ether but I'll keep instead of deleting it in case it helps*

I would recommend for your appeal that your medical records be sent in directly from your surgeon as well as Physical Therapy records, and a detailed note from both that note your recovery progress, range of motion, stability, and progress toward a full recovery.

Can I also recommend you read @Capt MJ's post and link shared in this thread? Standard's in that may be helpful in understanding the timeframes for certain DQ conditions.
 
... so I've read your post and I don't understand.
* "... they would initiate the waiver on my behalf."
Who are they? It's not the examining doctor.
** " I received an email about my disqualification...my medical disclaimer had been denied."
Who sent the email (agency)? Was it DODMERB?
*** "I submitted an appeal online."
Online? I suggest to submit a formal letter (memorandum) with all the supporting documentations.
------------------------------------
Dear Sir or Madam:
I'm submitting an appeal regarding your decision to medically disqualify me (TAB A).

I request to reverse your decision because I'm medically qualified per my primary care physician. Attached are medical documentations (TABS B-F) supporting my claim.

Thank you.

Sincerely,

GI Joe
Service Academy Applicant


Attachments:
Tab A. Disqualification message.
Tabs B-F. Supporting Medical Documentations.
 
justdoit19 said:
Some DQ’s are an automatic, unwaiverable type. Some are waiverable after a certain amount of time has passed. Some are waiverable to a certain number in total. Some are simply not waiverable, ever.

Your private surgeon and doctors are not the one to decide this. DODMERB has the day as to whether you meet, or don’t meet, against medical standards. He/she may feel you are for for duty, are healing ahead of the curve, but their opinion really has no bearing on military standards.

DODMERB decides if you meet, or don’t meet medical standards. The individual waiver authority decides whether or not to issue a waiver. The waiver consideration did occur, at the authority level. And they denied a waiver.

I’m not DODMERB, but that’s the process used. I think sometimes, readers rely on their own private medical staffs opinions about their fitness for duty. But they aren’t using military ascension standards to opine. That’s what DODMERB/waiver authority does.

BTW, if yours was a ‘time passed’ typed DQ/waiver denial, you can apply again next cycle. Your DODMERB exam is valid for two years.
Click to expand...
Thank you for your response. In my case, I am confused because they did not ask for any medical documentation. It was just a straight denial. The denial letter that was sent did include a link to request an appeal of the denial, but it did not include any information on what documentation needs to be sent and from whom. It just said all documentation needs to be sent to xxxxx. I want to ensure that I gather the correct documentation and send over whatever is needed asap.
 
Herman_Snerd said:
*Note and post above crossed in the ether but I'll keep instead of deleting it in case it helps*

I would recommend for your appeal that your medical records be sent in directly from your surgeon as well as Physical Therapy records, and a detailed note from both that note your recovery progress, range of motion, stability, and progress toward a full recovery.

Can I also recommend you read @Capt MJ's post and link shared in this thread? Standard's in that may be helpful in understanding the timeframes for certain DQ conditions.
Click to expand...
Thank you so much for your response. I will let my surgeon know and provide the email address so that he can submit his documentation.
 
Capt MJ said:
ACL tears and surgery are particularly challenging DQs to overcome, as there is a one-year “time-out.” With a surgery on August 16th, if you are applying to a SA, that one-year clock runs over a late June 2024 reporting date. The military is very conservative; they want a generous healing window before the knee/ACL is put through heavy stress in indoctrination.

See military medical accession standard, p. 37:

Successful appeals usually include new information that shows grounds for a waiver. I am only a layperson here, but I think it’s the one-year thing that is your main DQ factor. Did you ask the doctor to create a letter documenting his or her professional opinion on your knee’s healing and prognosis?

If the news is the worst, it is not the end if the world. SA classes contain many re-applicants each year, many for reasons like this. You will pivot to one of your alternate plans you have developed. If that is ROTC, that starts later than the SA, so you should be good to go. This time next year you might be reapplying, and perhaps have obtained an additional nom from your ROTC unit commander, along with competing for Senator and Representative noms, along with VP and any service-connected. Your DoDMERB exam is good for two years, and you would just have to update certain statuses. Your essays would show increased maturity and talk about how you pressed on through this challenge. You of course would be excelling academically and as a ROTC cadet or midshipman.

Let us know how it goes.

Paging @GoCubbies for more professional insights.
Click to expand...
Thank you Capt MJ. I really appreciate your insight. I was confused as I thought documentation would be requested before the waiver was rejected. Nothing was requested from me or my doctor. I did submit a request to appeal (it was just a link with a drop-down box) but there was no information on what needed to be sent over for the appeal. It just said all documents need to be sent to XXX email address. I just want to make sure that I did not miss anything.
 
To your point, if it’s a denial due to passage of time, there isn’t any documentation needed to render a waiver decision.

If they need info, they request it most certainly.

You could reach out to the whichever waiver authority you are talking about (no need to post here), and inquire what the DQ was. And most importantly, TY for your willingness to apply and serve!!
 
severn said:
... so I've read your post and I don't understand.
* "... they would initiate the waiver on my behalf."
Who are they? It's not the examining doctor.
** " I received an email about my disqualification...my medical disclaimer had been denied."
Who sent the email (agency)? Was it DODMERB?
*** "I submitted an appeal online."
Online? I suggest to submit a formal letter (memorandum) with all the supporting documentations.
------------------------------------
Dear Sir or Madam:
I'm submitting an appeal regarding your decision to medically disqualify me (TAB A).

I request to reverse your decision because I'm medically qualified per my primary care physician. Attached are medical documentations (TABS B-F) supporting my claim.

Thank you.

Sincerely,

GI Joe
Service Academy Applicant


Attachments:
Tab A. Disqualification message.
Tabs B-F. Supporting Medical Documentations.
Click to expand...
Hello Severn,

DODMERB sent me a notification saying that I've been disqualified but they (USAFA) did request a waiver on my behalf. I've tracked this process both in the portal and through my emails. I received an email saying that I was disqualified and then I received another email saying that my waiver was under evaluation. I assumed that during the waiver process, I would receive clear instructions on what documents to submit. Unfortunately, that didn't happen. Instead, I received an email saying that my waiver was denied and that if I wished to appeal, I should visit the xxx website. When I did, I found a dropdown menu that allowed me to select "appeal my denial." I clicked on it and was prompted to send all my documents to the xxx email. However, it didn't specify which documents they required.
 
justdoit19 said:
To your point, if it’s a denial due to passage of time, there isn’t any documentation needed to render a waiver decision.

If they need info, they request it most certainly.

You could reach out to the whichever waiver authority you are talking about (no need to post here), and inquire what the DQ was. And most importantly, TY for your willingness to apply and serve!!
Click to expand...
Thank you.
 
FollowingMyDreams said:
Thank you.
Click to expand...
@Capt MJ had a good post. No one here is specifically a DODMERB person that can speak with absolute authority. But her post is excellent info. Especially speaking to the passage of time component with some waivers.

@GoCubbies will pipe in I’m sure.

Your DR can provide supplemental info for you, but they have no direct input in how you are viewed/decided medically. It’s the medical personnel at USAFA (in your case).
 
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I highly recommend that you apply to ROTC scholarships, too. In fact, if you win one, you may very well be cleared to use it. This scenario occurred with one of my students and a wrist injury.

I recommend to all of my students to put together a Plan A - B - C. "A" is the SAs, Plan "B" is one or several ROTC scholarships, and then "C" is the set of civilian universities that you apply to as part of the ROTC application process. I have had three students who won a scholarship or simply joined ROTC on campus (as part of Plan C) and then won an appointment (3 of 3) the following year. One of the students graduated last June, USAFA C/O '23. Some 25 - 30% of all cadets/mids at the service academies did not come directly out of high school as many attended a prep school, or a year or two of college, prior to becoming cadets/mids. In your case, this 'added year' will allow you to 'prove' that your knee is doing well and fully healed.
 
Academician said:
I highly recommend that you apply to ROTC scholarships, too. In fact, if you win one, you may very well be cleared to use it. This scenario occurred with one of my students and a wrist injury.

I recommend to all of my students to put together a Plan A - B - C. "A" is the SAs, Plan "B" is one or several ROTC scholarships, and then "C" is the set of civilian universities that you apply to as part of the ROTC application process. I have had three students who won a scholarship or simply joined ROTC on campus (as part of Plan C) and then won an appointment (3 of 3) the following year. One of the students graduated last June, USAFA C/O '23. Some 25 - 30% of all cadets/mids at the service academies did not come directly out of high school as many attended a prep school, or a year or two of college, prior to becoming cadets/mids. In your case, this 'added year' will allow you to 'prove' that your knee is doing well and fully healed.
Click to expand...
And it would also potentially give you another nominating source, should you decide to reapply.
 
Academician said:
I highly recommend that you apply to ROTC scholarships, too. In fact, if you win one, you may very well be cleared to use it. This scenario occurred with one of my students and a wrist injury.

I recommend to all of my students to put together a Plan A - B - C. "A" is the SAs, Plan "B" is one or several ROTC scholarships, and then "C" is the set of civilian universities that you apply to as part of the ROTC application process. I have had three students who won a scholarship or simply joined ROTC on campus (as part of Plan C) and then won an appointment (3 of 3) the following year. One of the students graduated last June, USAFA C/O '23. Some 25 - 30% of all cadets/mids at the service academies did not come directly out of high school as many attended a prep school, or a year or two of college, prior to becoming cadets/mids. In your case, this 'added year' will allow you to 'prove' that your knee is doing well and fully healed.
Click to expand...
Thank you. I will certainly apply for ROTC as well.
 
FollowingMyDreams said:
I underwent ACL reconstructive surgery on August 16th, and on September 16th, I had my DODMERB medical exam. During the examination, the doctor informed me that I would be disqualified but assured me that they would initiate the waiver process on my behalf. Recently, I received an email notifying me of my disqualification, but it also mentioned that I had been automatically considered for a medical waiver. However, this morning, I received another email stating that my medical disclaimer had been denied. Unfortunately, the email did not guide me in submitting my medical records.

My surgeon said I am recovering very well and am 6 to 8 weeks ahead of the typical recovery schedule for ACL patients. In response to the denial, I submitted an appeal online this morning. However, I'm uncertain about which documents to send with the request, as the online portal did not specify any requirements. Instead, it only provided an email address for submitting information. Does anyone have information on the documents that must be included with my appeal?

Thanks in advance for all of your help!
Click to expand...

Having ACL surgery on 16 Aug 2023 and getting your waiver denied recently is not a surprise. No way anyone gets a waiver 6-8 weeks post-op. That's just way to early. You never know what can happen between now and when you're fully up and running (literally) again. A waiver reviewer doesn't need additional medical information to deny a waiver for ACL surgery that happened less than 2 months ago.

It's not unreasonable for the SAs and ROTCs to expect their cadets/mids to come in not broken. Very few in this forum would buy a new/used car with a warning light on.

Ok. There's a lot to dig into here, but I think the message is the USAFA considered you for a waiver and denied it. Now they've given you an opportunity to appeal.

Absent you're a close relative to the POTUS or a child of a 4-star GO/FO (I'm not joking here. Who you know matters. It's sad, but it really is that way.), consider sending up the following at the appropriate time. Trust me, now isn't the appropriate time. Maybe 6-8 months from now is the appropriate time.

- all the medical records associated with your ACL injury and the surgery. The USAFA will probably want the reports of the MRIs and the operative report of the actual surgery
- a note from your orthopedic surgeon stating you are released to full and unrestricted activities (this is the one that'll take a few months down the road to get). You're not there yet.
- a note from your coach stating you're on his/her team and you've earned yourself a varsity letter, valuable member of the team, ran a one mile in 5:19 (my DD's PR :D), etc... This proves that you've gone back to the field of competition, stressed your knee, and no issues
- maybe do an unofficial CFA and pass it. This is another proof for the USAFA use that you're back to normal. This one is just thinking outside the box for me. You feel like your knee is back to normal and can withstand the rigors of BCT at the USAFA, then prove it by doing the CFA again- and doing well. Let's see what happens.

After all that, your next step is to hope your waiver will be approved.

Good luck!
 
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FollowingMyDreams said:
Hello Severn,

DODMERB sent me a notification saying that I've been disqualified but they (USAFA) did request a waiver on my behalf. I've tracked this process both in the portal and through my emails. I received an email saying that I was disqualified and then I received another email saying that my waiver was under evaluation. I assumed that during the waiver process, I would receive clear instructions on what documents to submit. Unfortunately, that didn't happen. Instead, I received an email saying that my waiver was denied and that if I wished to appeal, I should visit the xxx website. When I did, I found a dropdown menu that allowed me to select "appeal my denial." I clicked on it and was prompted to send all my documents to the xxx email. However, it didn't specify which documents they required.
Click to expand...
... so I'm tracking your appeal.
Question on this---> "...was prompted to send all my documents to XXX email."
They didn't ask for "a" specific document (s), correct?
If yes, then send your complete appeal package in one PDF format with a file name (Sample only - Medical Appeal of Bradford, Steve). See my previous notes on a formal memorandum sample.
 
GoCubbies said:
Having ACL surgery on 16 Aug 2023 and getting your waiver denied recently is not a surprise. No way anyone gets a waiver 6-8 weeks post-op. That's just way to early. You never know what can happen between now and when you're fully up and running (literally) again. A waiver reviewer doesn't need additional medical information to deny a waiver for ACL surgery that happened less than 2 months ago.

It's not unreasonable for the SAs and ROTCs to expect their cadets/mids to come in not broken. Very few in this forum would buy a new/used car with a warning light on.

Ok. There's a lot to dig into here, but I think the message is the USAFA considered you for a waiver and denied it. Now they've given you an opportunity to appeal.

Absent you're a close relative to the POTUS or a child of a 4-star GO/FO (I'm not joking here. Who you know matters. It's sad, but it really is that way.), consider sending up the following at the appropriate time. Trust me, now isn't the appropriate time. Maybe 6-8 months from now is the appropriate time.

- all the medical records associated with your ACL injury and the surgery. The USAFA will probably want the reports of the MRIs and the operative report of the actual surgery
- a note from your orthopedic surgeon stating you are released to full and unrestricted activities (this is the one that'll take a few months down the road to get). You're not there yet.
- a note from your coach stating you're on his/her team and you've earned yourself a varsity letter, valuable member of the team, ran a one mile in 5:19 (my DD's PR :D), etc... This proves that you've gone back to the field of competition, stressed your knee, and no issues
- maybe do an unofficial CFA and pass it. This is another proof for the USAFA use that you're back to normal. This one is just thinking outside the box for me. You feel like your knee is back to normal and can withstand the rigors of BCT at the USAFA, then prove it by doing the CFA again- and doing well. Let's see what happens.

After all that, your next step is to hope your waiver will be approved.

Good luck!
Click to expand...
Thank you very much for your response. I will certainly follow the instructions provided above. Is there a specific deadline by which I need to submit this information, or can I wait until my doctor fully clears me? Based on my progress, he estimates that it will take 4-6 months.
 
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