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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18809
Experience:  Lawyer and current JAG officer.
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I am contacting you in regards to having a medical waiver

Customer Question

I am contacting you in regards ***** ***** a medical waiver rejected. I understand that there is no formal appeal process but was hoping that you would be able to help.I graduated from the Missouri options program in 2011, While in school I took Vyvanse for ADHD and Xanax for stress. I did not take these medications on a regular basis due to not truly needing them and their negative side effects. I have attempted to enlist on and off since 2011. I have attempted to enlist in multiple branches, But for a reason unknown to me my waiver keeps getting denied. I've been medically cleared by every doctor I have talked to and I've provided all of my medical records.I am to the point that I truly believe my waiver is getting rejected for some personal reason rather than a legitimate medical reason. In 2015, I put myself through a 10 month 600+ hour police academy and have been employed as a full-time Deputy since. It is my dream to follow in the footsteps of my parents and serve my country so I refuse to accept this until I have exhausted every option.
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else the Military Lawyer should be aware of?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, there is no appeal process. You already know that, but you may not understand that gravity of what that means. There is no right to a military waiver. The waiver request itself is the appeal. To need a waiver, you already must be disqualified from service.

There is simply not a forum to raise a waiver denial on appeal. Waivers are being denied right now because the military doesn't need to use them to meet the staffing needs. This is because many are still trying to join due to the under employment in the civilian sector AND the military itself is shrinking due to enormous budget cuts. That means we have more people applying for jobs than we have jobs and waivers simply aren't needed to meet those goals.

Your only recourse is to allege some sort of discriminatory motivation beyond the medical issue (like your race, religion, gender, etc.) and then convince a civilian attorney to file a lawsuit on that basis. That is literally the only means of attempting to challenge the denial of a waiver.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 9 months ago.
is it possible to request an investigation if I feel my waiver was not properly reviewed?
Expert:  Allen M., Esq. replied 9 months ago.

You can make a complaint to the Federal EEO, but there is generally not an investigatory process.

There isn't any "proper" review process for a waiver, so you may not be looking at this correctly. It can be rejected out of hand without any legitimate reason for rejecting it. They can do so because they just don't feel like it. Again, a waiver is not a right.

The only way to have a claim is if you can prove they used an improper criteria, like your race or religion. You can make that allegation, but you need some evidence to support that.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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