My son's medical waiver was denied, can we appeal?

Question

My son was diagnosed and denied at MEPS with kyphosis, a curvature of the upper spine. I took him to an ortho specialist who stated (in writing) that he in fact does not have an abnormal curvature. He is on the high end of normal (normal is 35-45 degrees). According to the medical regulations he would be disqualified if the curvature was greater than 55 degrees. I can not find anything that say he would be disqualified for a curvature greater than 35 degrees, which is what the USMC denied him for. Can I appeal this with the USMC directly since he meets the medical regulations as put out by the military?

Answer 1

yes you can. if they deny you, just ask them to "escalate it for appeal". there is usually 3 assessments. which means it can be escalated twice. but appeals rarely reach the 2nd and 3rd escalation. but you can try. but in any case, please be prepared just in case. good luck! prayers to your son.

Answer 2

I work in waiver (ohio) and we deny people regardless if they are eligible or not because there are no openings. Your son should be covered by MA-D (medicaid disability) until the waiver (MA-J) is open (aka a slot opens). A slot opens when someone dies or no longer wants waiver. In Ohio we have a waiting list of approximately 2 years.

You have right to appeal/request a hearing. If they find that your son is eligible and there are no openings they will state he is on the waiting list. If your son was denied for other reasons but is still eligible, then they will reopen the case. I would call your caseowrkers supervisor and have them explain toyou the reason why you were denied. If you can't get ahold of them call the director of the department.

Answer 3

I'm assuming that the doctors at MEPS denied him,that being said have you presented the report that your doctor provided?,if you haven't ,you should. If it is still denied have them show you why and the requirement.You should also write you local congressperson during this process.

Answer 4

Military standards are stricter than civilian ones.   if the Marines denied him, there is no appeal.  

if MEPS denied him,he can request that it be sent up for review.  But if the Marines say no, he's done.  

each Branch has the  authority to enact stricter requirements than the Army Regs( which have been adopted across the board by all five Branches as the MINIMUM standards)

Answer 5

yes...