Not fat enough now....

My insurance just denied me during the "peer-to-peer" review with my surgeon because, get this, now I'm not fat enough. 

In January of this year, I called to determine whether it was a covered benefit, and they said that my procedure (sleeve gastrectomy) was.  They cover this procedure if your BMI is over 40, OR if it's 35-40 with two comorbidities.  My BMI was 42 when I entered the bariatric program I eventually chose.  However, the 10% pre-operative weight loss put me at a 38.2 with no comorbidities.  

So I was declined.  Twice.  Now, I have to go through an internal appeal and an external (state insurance board) appeal process.  This is SO unfair!!!  I've become SO committed to this as a lifestyle choice that when my surgeon nudge-nudge, wink-wink hinted that he wouldn't hold me back from surgery if I regained the weight to get over a 40 BMI, the idea (if not the compassionate, sympathetic way it was presented) was distasteful to and angered me.

Anyone have any words of wisdom about fighting insurance companies?

They are not permitted to do this. Your starting BMI is what matters. This one should be an easy peasy appeal.