Someone help!!!

Orange Coast Memorial in Fountain Valley, CA told me about this site. I'm trying to get approved for the lap band right now. My insurance (blue cross hmo) already refused me 2 months ago for the surgery because my BMI is 38.8 . They only cover the lap band if you have a BMI of 40 & higher or 35 & up plus a life threatening illness such as sleep apnea or diabetes. I went through the appeal process a month ago only to be refused again! Now I'm in the process of filing for an independent medical review. It feels like they want me to get sick or gain weight before they will approve me. SOOOO frustrating!!! Geeze 38.8 is so close to 40 as it is and this isn't even the most I have ever weighed. I was just wondering has anyone else been through this process, and what was the outcome? Thanks!
-Lauren