Process to appeal for reconsideration

[jah_2442]

Hello.

My son received a qualified offer to NAPS back in April
contingent upon the DoDMERB review. The next week after signing our letter of intent, we received a letter from DoDMERB stating that my son was deemed medically unqualified and that a waiver process was in effect and that we would recieve final notification from the Academy.
Two weeks ago we received the letter from USNA Medical officer that he was not going to be granted a waiver due to his medical history.

There are 3 items:
Fracture of Vertebrae,Migraines, and a Sleepwalking incident.

The fracture was at the age of 10. Since then he has been very active with no problems.
he is a 3 year starter in football and in lacrosse.
No physical ailments re: his back at all.
The migaines has not occurred since his freshman year. last occurrence in 2004.
A sleepwalking incident maybe occurred early in childhood as witnessed by his mother.
He also reported on his questionnaire that he had another episode 2 years ago, however I am certain that was not an actual occurrence and that was a mistake on his part on the questionnaire.
No medical records reflect any sleepwalking events
at all.

We are in need of some assistance as we wish to have the waiver authorities reconsider.
This has been a dream for my son, and at this point I feel I need to somehow exhaust all my efforts to try and get them to reconsider.
Our b&g has been of no assistance and we feel we
need to remain proactive before induction day.

How do we go about getting the waiver authorities
to reconsider?

Can anyone offer some advice at this time?

 

[kgrmom]

Hi jah-

We just sent off my D's appeal letter last week so I know exactly how you feel. We also got a an updated letter from her Dr. I ran a search of this section for "waiver appeals" and got all of RetNavy's advice on appeals and we read it over. This piece is the essence of it:

--In the letter to the waiver authorities state that you do not feel their decision was the correct one and that you would like a re-review of her case. Reaffirm what activities she participates in, and that she is having no difficulties.--

I imagine he will chime in with info- he's awesome like that. We are praying that they reach a difference decision with this review. Website already says it is pending review again so we will see. She has no problems now that she is on meds but that is why the USNA is having issues I guess- the fact that she takes meds.

Good Luck- from what I read it is worth a try

 

[jah_2442]

kgrmom
Thank you so much for the insight.

Did you send your appeal letter to the Medical Officer at the academy?
Is that who is considered as the "waiver authorities"?

not sure whom to send the appeal.

 

[RetNavyHM]

All requests for a re-review should be sent to DoDMERB. They will then be able to forward all the files back to the waiver authorities and also let them know that they need to review the file again.

If you have any new information, new physicians evaluations, letters from coaches, etc, forward all that in. Te most important item would be a letter from your son requesting the re-review. In that letter I would have him break down each disqualification individually. I would have him explain, in his words what happened for each of the disqualifications from the time of injury or onset of illness, all the way through resolution. Have him explain what treatments he received, and what activities it limited him in. I would then have him state what activities he currently participates in and how the disqualifications affect those activities, if at all. Activities should include, all sports, to include recreational sports or activities (mountain biking, rock climbing, etc), work and/or volunteer activities.

Based on the disqualifications and your comments I think the item that caused the waiver denial is the sleepwalking. The vertebra fracture is a concern, and I am assuming that he did not have any surgical intervention. If there was a surgical intervention then that would be a different matter and be muc more of a concern for the waiver authorities.

I hope this information helps, and if you have any more questions please feel free to ask away.

 

[kgrmom]

Oh the discouraging things we learn. Called today to "check up" on my D's medical appeal because I remembered RetNavy's comment that it usually doesn't take longer than 3 weeks. We have "checked in" with admissions during that time to make sure she remained on the wait list.

Come to find out that even though the Dodmerb site re-listed her as pending waiver review this information never made it completely through to the USNA's system. On their computer system she was still listed as medical waiver denied therefore they were not even considering her case when I spoke with them today. Since she was listed as medical waiver denied- admissions told me she was technically not on the wait list either. They will now "re-instate" her status. As they are now reviewing it.

What else could we have done? We followed all the directions- sent everything where we were supposed to- even followed up with the regional director and everything and still this happened. Did we mess up?

On top of all that- her CGO's comment was that they don't foresee very many from the waitlist coming over to the admit list. What I'd love to know is whether that was the case 3 weeks ago.

 

[RetNavyHM]

kgrmom, you did everything correctly. It appears there was a disconnect somewhere at DoDMERB. I've sent you a PM.