Navy Waiver Denial

[kdentg]

Hey guys,

I was disqualified at the MEPS physical for having an ORIF plate on my left clavicle and too much curvature on the lumbar portion of my spine. So the Navy sent it in to the medical review board to get a waiver for both conditions but rejected my waiver request thereby permanently disqualifying me from the Navy Dental Corps.

First off, I heard that the Air Force and Army have different standards on going about getting waivers. I know the Army is more lenient. But is the Air Force more or less strict than the Navy in terms of waivers?

Secondly, in the Navy manual it says that "an internal fixture in the body is NOT grounds for disqualification as long as I have reacquired full range of motion, strength, has no pain, and is not subject to easy trauma (like from carrying a backpack)". This is the exact case for me. I have had no complications since the surgery from over a year ago. They just think it's susceptible to easy trauma and won't give me the waiver.

However, a month ago I went on an 8-day hunting trip carrying an 80lb backpack the whole time covering over 30 miles and hiking up to 11,000 feet in elevation and had no problems with my shoulder. I also lift weights 5 days a week and have no problems or lack of strength in that shoulder. So I believe this disqualification is unjust and I am well-fit to serve (even though as a dentist I will never carry a backpack or go through bootcamp). I know I could do any physical activity that is asked of me.

I am thinking about getting a lawyer to possibly fight this. Do you think that will work? Can they just give me a 100lb backpack and I can carry it for 5 miles and prove them wrong? Is there any other advice for going about this or should I just apply to another branch and see if I can pass my physical with them?

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[Saddleshoes]

I am thinking about getting a lawyer to possibly fight this. Do you think that will work?

I have a small bit of experience with these matters on the Air Force side of the house.

A lawyer will be as helpful as pissing in the wind.
("You cannot bring suit against the king." Is the British common law phrase for what you are suggesting.)

 

[dentaldore]

I have a small bit of experience with these matters on the Air Force side of the house.

A lawyer will be as helpful as pissing in the wind.
("You cannot bring suit against the king." Is the British common law phrase for what you are suggesting.)

but seriously, for the AF, is it difficult to obtain a waiver, even after your doctors clear you?

 

[krmower]

Hey guys,

I was disqualified at the MEPS physical for having an ORIF plate on my left clavicle and too much curvature on the lumbar portion of my spine. So the Navy sent it in to the medical review board to get a waiver for both conditions but rejected my waiver request thereby permanently disqualifying me from the Navy Dental Corps.

First off, I heard that the Air Force and Army have different standards on going about getting waivers. I know the Army is more lenient. But is the Air Force more or less strict than the Navy in terms of waivers?

Secondly, in the Navy manual it says that "an internal fixture in the body is NOT grounds for disqualification as long as I have reacquired full range of motion, strength, has no pain, and is not subject to easy trauma (like from carrying a backpack)". This is the exact case for me. I have had no complications since the surgery from over a year ago. They just think it's susceptible to easy trauma and won't give me the waiver.

However, a month ago I went on an 8-day hunting trip carrying an 80lb backpack the whole time covering over 30 miles and hiking up to 11,000 feet in elevation and had no problems with my shoulder. I also lift weights 5 days a week and have no problems or lack of strength in that shoulder. So I believe this disqualification is unjust and I am well-fit to serve (even though as a dentist I will never carry a backpack or go through bootcamp). I know I could do any physical activity that is asked of me.

I am thinking about getting a lawyer to possibly fight this. Do you think that will work? Can they just give me a 100lb backpack and I can carry it for 5 miles and prove them wrong? Is there any other advice for going about this or should I just apply to another branch and see if I can pass my physical with them?

Whatever you are going to do - do it quickly. The Army's first acceptance board for scholarships begins in January. Each successive board that meets will have less and less scholarships to give out. If you spend a long time fighting this or deciding what to do - you may miss out on your window.

Not sure what the other services time lines are like.

 

[NAVY DDS 2010]

If Dr. Rivera is still there making the decisions, then don't hold your breath. Trying to get him to think logically is pretty much pointless. I've seen people get rejected for things because of his inflexibility and be accepted into the AF and Army programs. I don't understand his reasoning, but if he is still there trying to fight this is pointless.

Hey guys,

I was disqualified at the MEPS physical for having an ORIF plate on my left clavicle and too much curvature on the lumbar portion of my spine. So the Navy sent it in to the medical review board to get a waiver for both conditions but rejected my waiver request thereby permanently disqualifying me from the Navy Dental Corps.

First off, I heard that the Air Force and Army have different standards on going about getting waivers. I know the Army is more lenient. But is the Air Force more or less strict than the Navy in terms of waivers?

Secondly, in the Navy manual it says that "an internal fixture in the body is NOT grounds for disqualification as long as I have reacquired full range of motion, strength, has no pain, and is not subject to easy trauma (like from carrying a backpack)". This is the exact case for me. I have had no complications since the surgery from over a year ago. They just think it's susceptible to easy trauma and won't give me the waiver.

However, a month ago I went on an 8-day hunting trip carrying an 80lb backpack the whole time covering over 30 miles and hiking up to 11,000 feet in elevation and had no problems with my shoulder. I also lift weights 5 days a week and have no problems or lack of strength in that shoulder. So I believe this disqualification is unjust and I am well-fit to serve (even though as a dentist I will never carry a backpack or go through bootcamp). I know I could do any physical activity that is asked of me.

I am thinking about getting a lawyer to possibly fight this. Do you think that will work? Can they just give me a 100lb backpack and I can carry it for 5 miles and prove them wrong? Is there any other advice for going about this or should I just apply to another branch and see if I can pass my physical with them?