Appeals

Booker

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As some of you may have been aware I was rejected on medical grounds but after thinking it over I am looking to appeal, maybe not directly, but maybe once I have finished my degree and that is only if my 'disease' is/has improved/ing.

First off what is the process to appeal, I have read what is outlined on the site but wondered if anyone here has gone through it ( think someone did regarding hayfever ), be it successfully or unsuccessfully.

Also what would the repercussions be should I appeal now, and lose, yet my 'disease' improves whilst I am at university and then I go to re-apply, would I be allowed ?

Thanks in advance.

Booker
 

Ninja_Stoker

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There is no automatic right of appeal against a medical decision however you need to be aware of what you are appealing against.

The Medical Examiner is constrained by the legally enforced medical standards for entry. You cannot appeal against the set standards which the Doctor must abide by, no matter what.

In general terms you must be 100% clear of any medicinal or therapeutic treatment & the condition, if left completely untreated must not effect your ability to do the job nor endanger others. Often you must be clear of a condition for a set period of time to ensure there is little or no chance of recurrence. For Royal Marines the medical standards are very high as the required fitness and mobility standards are correspondingly higher due to the rigorous nature of training. It is not unheard of for people to be refused entry into the Royal Marines with some medical conditions which are not viewed as a bar to entry for other branches and trades of the other services.

For some conditions, once positively diagnosed, there is categorically no leeway and the condition is an immediate bar to entry. In these cases you can only appeal against the diagnosis by providing proof that you do not have the condition anymore or when a medical professional is prepared to admit you were misdiagnosed. The outcome is then referred to the service consultant specialist in this field for a definitive answer.

For other conditions, once positively diagnosed, there is a degree of leeway and the severity of a condition is the governing factor with regard medical suitability for entry. In these cases you can only appeal against the diagnosis of the effect of the condition by providing proof that you are not significantly affected by the condition and a medical professional is prepared to verify your claim. The outcome is then referred to the service consultant specialist in this field for a definitive answer or further tests to prove your ability to serve.

There's not a lot of point appealing when you don't intend joining in the immediate future because the rules may change, the condition may re-occur, get worse, completely vanish or no longer be a bar to entry because you've had no further episodes/complications.
 

Booker

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For other conditions, once positively diagnosed, there is a degree of leeway and the severity of a condition is the governing factor with regard medical suitability for entry. In these cases you can only appeal against the diagnosis of the effect of the condition by providing proof that you are not significantly affected by the condition and a medical professional is prepared to verify your claim. The outcome is then referred to the service consultant specialist in this field for a definitive answer or further tests to prove your ability to serve.

There's not a lot of point appealing when you don't intend joining in the immediate future because the rules may change, the condition may re-occur, get worse, completely vanish or no longer be a bar to entry because you've had no further episodes/complications.

This is the bracket that I feel that I fit into, as I have had an initial consultation with my GP, who is prepared to say that it has not and should not effect me in the future, no matter what would happen to me. I also am looking to now book a meeting with my heamotologist's to clarify this and to double check that in the honest medical opinion that they also feel that it will not effect me ( She has stated it verbally, I just need clarity in writing to submit ).

Also regarding the bit about appealing now I intend to appeal after my three years at university, it was worded incorrectly by me. What I ment to say was would it be worth telling my Recruiting Officer that I intened to appeal, albeit in three years to get on with my degree, seek out all relevant medical advice and also see if the 'disease' worsens or get better, or just leave it and 're-apply' in three years ?
 

Ninja_Stoker

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This is the bracket that I feel that I fit into, as I have had an initial consultation with my GP, who is prepared to say that it has not and should not effect me in the future, no matter what would happen to me. I also am looking to now book a meeting with my heamotologist's to clarify this and to double check that in the honest medical opinion that they also feel that it will not effect me ( She has stated it verbally, I just need clarity in writing to submit ).

Also regarding the bit about appealing now I intend to appeal after my three years at university, it was worded incorrectly by me. What I ment to say was would it be worth telling my Recruiting Officer that I intened to appeal, albeit in three years to get on with my degree, seek out all relevant medical advice and also see if the 'disease' worsens or get better, or just leave it and 're-apply' in three years ?

Not wishing to build your hopes nor dash them, the thing to remember is that civilian medical professionals, whilst no doubt expert in their field, are not always best placed to give definitive indications as to whether an individual is fit for military service as the standards for military service are rather unique. They can certainly express a medical opinion, but not state for example that in their opinion someone should be passed fit for military service. They can certainly suggest they cannot envisage it being a problem that cannot be treated satisfactorily in its worst manifestation by a first aid trained paramedic without specialist medication, technical knowledge, specific drugs or equipment.

With regard telling your recruiter, it's probably best to simply make a fresh application when you are ready. In three years time your recruiter may have moved on or you maybe living elsewhere and wish to apply through a different AFCO. In the meantime, you can start collecting evidence which may support your appeal and strengthen your case.

Good luck.
 
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