I was denied Too :(

What about Gerd? Have you ever been diagnosed with it? It is a comobility that can qualify someone with a 35-39 BMI
Just so they don't look at you funny at the doctor's office, I think the word you want is "comorbidity."
 
Definitely check the Evidence of Coverage first to determine exactly which comorbidities will qualify someone with a bmi below 40. In most cases, only the comorbidities considered "serious" will qualify, things like diabetes, sleep apnea, etc. GERD may not help you qualify, as it is often not considered so serious.
Please check the pm Diana has sent you - she is the best source around for insurance issues, even though the rest of us are trying our best to help. And find out about your blood test results to answer the diabetes question definitively. There are hundreds of thousands of people in the USA who do have diabetes and don't know they have it, and I can't picture it not being considered a serious comorbidity.
 

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