Unfortunatly, most insurances require at least 5 years of morbid obesity. But that includes a BMI of 35 or more, IF you have an obesity related illness that is serious. These co-morbids include High Blood Pressure (a precursor to Heart Disease), Diabetes, Congestive Heart Disease, or Obstructive Sleep Apnea. These are the most serious illnesses, although there are a lot of other obesity co-morbids. It seems like inusrances either want 1 from that list, or 2 of the more minor comorbids. So if you have any co-morbids with a BMI of 35+, that counts as well. But I guess your doctor knows that and would have advised you if you did.
The 5 year history is really STALL tactics. However, thay don't want someone to have surgery if they haven't been Morb Obese for 5 yrs because they want you to try all other wl options. It is not fair, but that is the case. IF you can demonstrate that your life is in imminate danger if you don't lose the weight, you might have a chance.
I'm a Preop for the Gastric Sleeve, and someone on our forum had Kidney Failure. She couldn't get onto the transplant list until she lost a significant amount of weight, so the need was URGENT. They still denied her, wanting her to go through the 6 month medically monitored diet first. She hired a lawyer and eventually won, and was excused from that 6 mo requirement. If she had not already had the 5 yr history of M.O., she may have won on appeal as well-- given the need to drop the weight IMMEDIATELY! Other than that, you may have to self-pay, or wait until you have met the insurance company's requirements. Yes, your 3 yrs have counted for something, but probabaly not enough for them to change their policy or make an exception just for you. They're in the business of denying people, even when they meet all their criteria.
Sorry this is so negative, but I don't want you to get your hopes up. I'll be delighted if they approve you, but you may want to look into some other options. As a self-pay, you have to remember that the insurance also won't cover complications, fills, revisions, side effects, etc. if you get an "unauthorized" surgery. That's why I'm going for the Gastric Sleeve-- it's just "snip it and forget it." Rarely any complications/side effects, same wt loss as RNY and far more than the Lap Band. Safest procedure out there and happens to have people losing huge amounts of wt and keeping it off, becasue the part of the stomach that is kept is the thickest and least stretchy part of the stomach. RNY's pouch is made out of the stretchy part, and therefore many regain. There's Sleevers on the forum that have lost over 100 lbs in less than 6 months. Since the stomach won't stretch that much in time, your portions will always remain small, as will your waistline! Very few ever regain without trying REALLY hard to fail!
Good luck,
Kahlua