BMI 37 have to have 40 should I get it up there or do sleeve

With diabetes, I'd really fight for the DS.  Go talk to the surgeon again, ask about a longer common channel if she thinks a regular shorter common channel could make you lose too much, and be firm!  If she won't operate on you, think about traveling - I am pretty sure my surgeon here in Minneapolis would operate on you in a heartbeat, and there are others who would have no problem with it either.

bmi of 40 for morbid obesity
bmi of 35 with other comorbid conditions (2)  ex. diabetes, hypertension,depression etc

Come over to the DS forum. You can get a DS with a BMI of 35 with your co-morbids. You just need to find another surgoen.