Do I really have to lose some weight before the lap?

I am 5'10 and weigh about 340, so needless to say my bmi is pretty high. My problem is, I want the lap procedure done, but my doctor said I need to lose 40 pounds. I don't look as if I weigh as much as I do, and my stomach isn't really that big. I have muscular legs and arms, but my doctor doesn't seem to be taking this into consideration. He told me he judges by the bmi alone. He didn't even look at my belly! Any suggestions on how to get around this, or how I can lose 40 pounds by Sept. 6th? Thanks!

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