aetna 2nd denial help anyone

I have hired an attorney because the policy aetna denied me on the first time said i was not a 40 bmi (i was 39.6 bmi) and the second time i was denied they used a diffrent updated policy stating reason for denial i did not have a nutrionist for six months even though i had met all the other requirments has anyone been approved without the nutrionist please let me know thanks paul