qwiksting

Waiver Of Regional Office Consideration For The Amc?

92 posts in this topic

This may be a dumb question, but i am gonna ask for some input. If I had a claim at BVA, and it was remanded to the AMC should I submit a Waiver of regional office consideration to the AMC? I submitted one to the BVA so do I need to submit another one? I sent new evidence to the AMC today (Thank you Hoppy!!!) but should I send another waiver? If I do send the waiver in, where do I send or fax it to? what happens to my claim? Does it go back to the BVA?

This is a link to my BVA claim:

http://www.va.gov/ve...es4/1224885.txt

Thank you for overlooking my ignorance.

Accordingly, this matter is hereby REMANDED to the RO, via the AMC, for the following action:

Edited by qwiksting

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Assuming the claim is at the AMC, and you wish to submit a waver, I'd send it to the AMC.

At this point, it looks like your file is at AMC.

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Thanks chuck, thats what I was wondering. so I send the waiver to them, then it automatically goes back to the BVA for there people to decide?

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Thanks chuck, thats what I was wondering. so I send the waiver to them, then it automatically goes back to the BVA for there people to decide?

Who knows?

Actually the AMC must take action as directed by the BVA. They should send or have already sent a letter to you, likely requesting information you may have already sent, and possibly scheduling yet another C&P. The confusion factor is whether AMC does things directly, or creates additional delay by going back to the VARO and asking it to do things that the AMC was directed to do by BVA.

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\allan

Posted 16 November 2010 - 11:32 AM

This waiver is a great time saver. Each time the BVA remands the claim back to the RO to consider the evidence, it may sit a yr or so before they get to it.

Once your at the BVA, keep your claim in their hands until it's finalized. The AMC is dead time and remands back to the RO are long delays.

carlie

Posted 15 November 2010 - 08:31 PM

This link has a PDF attachment for the Waiver of Regional Office Consideration

that is used when you submit additional information / evidence to the BVA.

If the BVA does not get this signed Waiver from the claimant, in most cases they will automatically

by regs. have to remand the additional information / evidence back to your RO for their consideration.

Truth Wins --- sometimes you just have to walk thru fire to get there !

When you have the CREDIBLE & PROBATIVE EVIDENCE - NEVER give up !

I am not an attorney or VSO, any advice I provide is strictly my humble opinion

therefore not to be held out for liable.

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Yes you can waive amc"s jurisdiction. I myself did this exact move ONLY after making sure all remanded development had been completed by amc. Amc will after receipt of signed waiver return files to the bva even if NO development has been completed therefore causing another remand from bva. BE SURE ALL DEVELOPMENT HAS BEEN COMPLETED. Again i recently did this in july of this year and within 3 days of receipt of my waiver my file was returned to bva and now is currently with the vlj for review. I called the amc's directors office at this number (202) 530-9455 direct line) and she will tell you if all development has been completed and if so fax your waiver directly to her office FAX 202 530-9384. Deanbrt is dead on point about the dead time while at the amc, only to get the same results you got from the previous regional office. These people just can"t read and comprehend evidence. JMHO.

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Also as an insurance policy once bva had the files back i sent the same exact copy of the waiver DIRECTLY to them (bva). Once this is received by bva it should show on ebenefits as correspondence received with the date sent to bva. Good Luck........

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qwik,

Did you read through the remand several times,

to get a good understanding of the BVA's specific instructions

to be followed regarding your remanded issue/s ?

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Yes to Carlie, i read it and read it over and over...to find out the reason it was remanded to begin with. My DBQ that my VA pcp filled out had the wrong date of diagnosis and no remarks in the remarks area. I took it back Friday and "insisted to see him" on the advice of Hoppy. He amended the DX of GERD date to reflect 12-28-05 (upper GI series)(my discharge was 3-23-05) and he remarked this: I have reviewed ALL CPRS treatment notes 11-10-2005 to present. I have been Mr. Smiths' primary treating physician since 12-28-2005 to present. I have provided consistent treatment for mr. smiths GERD symptoms from 12-28-2005 to present. There have been no tests or events that would determine that the symptoms described in 2005 are unrelated to the current symptoms of GERD.

What does CPRS mean?

my case is on the BVA website also....

search "stress induced GERD" I am the first one...St. Petersburgh Florida is VARO

Edited by qwiksting

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Your best chance is at BVA. That was always my belief...

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I called AMC today to check status, Was told my claim there was closed on 12/31/2012. Couldn't find out more than awaiting SSOC, whatever that means. Dont know if it was denied,granted re remanded or anything. I believe it is supposed to be returned to the bva after the decision made at amc. Someone correct me if I am wrong, but if I got screwed at AMC, will BVA catch it? I just dont have a good feeling.

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I think SSOC means a partial grant, at best, but others here are better judges than me....

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I called AMC today to check status, Was told my claim there was closed on 12/31/2012. Couldn't find out more than awaiting SSOC, whatever that means. Dont know if it was denied,granted re remanded or anything. I believe it is supposed to be returned to the bva after the decision made at amc. Someone correct me if I am wrong, but if I got screwed at AMC, will BVA catch it? I just dont have a good feeling.

Seems the original remand was for clarification of the 2009 medical opinion in which the the examiner failed to give a rationale behind his/her opinion. Your recently submiited DBQ states your gerd was diagnosed in service and has been continuous since military service.Two difference of opinions put's it in equipoise with the benefit of doubt going to the veteran. Sounds like a full grant to me when you were told by the amc that a ssoc was not in order on their end. What other end would they be referring to when the only decisions made at the at BVA level are grants, denials or remands (no ssoc"s). If indeed a ssoc is in order you should get a letter soon stating you have 30 days to respond before files are returned to bva for review. Notice i said "SHOULD" because my files were returned to bva without a ssoc.

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Thanks for the reply, however, I believe the lady told me on the phone from the amc, that they were awaiting an SSOC. That leads me to believe it was a partial grant or full denial. Bad night last nite. This thing has been going on since i filed in 6/2008.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

This exact thing happened to me. I would not worry about not receiving the ssoc, because if this return to bva is indeed a denial from the amc and the amc failed to issue you a ssoc that is a SERIOUS procedural error and cause for remand and another bite at the apple as far as rebutting their decision with new evidence. Bva will catch this immediately. If bva grants your appeal without the ssoc it would be most likely because it was "NOT PREJUDICIAL" to your case. We are in the exact same situation being both our files were returned to bva without a ssoc. IMHO i really believe it's a good thing. This is what i did to insure my revocation of my poa was actually a part of my file (1) Call the bva status line at 1 800 923-8387 and ask what TEAM your appeal is assigned to and ask for that teams fax number, then fax your revocation of poa directly to that number. They will update this on ebenefits to reflect that indeed you have revoked dav as your poa and will be listed as poa- none. (2) Send/fax dav the same copy of that revocation, then call them to insist that IF indeed they actually have your files to return them "IMMEDIATELY" back to bva. I assure you it will take a few attempts to get dav off their a-- to accomplish this task. Once all this has been accomplished ebenefits will return you to status 4 "currently with vlj for appropriate action". You must remember that we are pro se appellants and vba/bva know's this and will do bs like this. I also responded to your last pm today.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

This exact thing happened to me. I would not worry about not receiving the ssoc, because if this return to bva is indeed a denial from the amc and the amc failed to issue you a ssoc that is a SERIOUS procedural error and cause for remand and another bite at the apple as far as rebutting their decision with new evidence. Bva will catch this immediately. If bva grants your appeal without the ssoc it would be most likely because it was "NOT PREJUDICIAL" to your case. We are in the exact same situation being both our files were returned to bva without a ssoc. IMHO i really believe it's a good thing. This is what i did to insure my revocation of my poa was actually a part of my file (1) Call the bva status line at 1 800 923-8387 and ask what TEAM your appeal is assigned to and ask for that teams fax number, then fax your revocation of poa directly to that number. They will update this on ebenefits to reflect that indeed you have revoked dav as your poa and will be listed as poa- none. (2) Send/fax dav the same copy of that revocation, then call them to insist that IF indeed they actually have your files to return them "IMMEDIATELY" back to bva. I assure you it will take a few attempts to get dav off their a-- to accomplish this task. Once all this has been accomplished ebenefits will return you to status 4 "currently with vlj for appropriate action". You must remember that we are pro se appellants and vba/bva know's this and will do bs like this. I also responded to your last pm today.

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Notice the POA on this timeline:

Details about your BVA Appeal received on 01/29/2010

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: L - None

Current Progress: Decision & Claims File Dispatch

Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

02/18/2009

Appeal Pending

BVA

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/29/2010

Received by BVA

BVA

01/29/2010

Administrative Case Processing

BVA

02/03/2010

With VSO

BVA

04/26/2010

With VSO

BVA

08/20/2010

With VSO

BVA

06/01/2011

With VSO

BVA

04/26/2012

With VSO

BVA

04/27/2012

With VSO

BVA

04/27/2012

With VLJ

BVA

04/27/2012

With VLJ

BVA

06/18/2012

With VLJ

BVA

06/22/2012

With VLJ

BVA

06/29/2012

With VLJ

BVA

07/10/2012

With VLJ

BVA

07/11/2012

With VLJ

BVA

07/12/2012

With VLJ

BVA

07/18/2012

Pending Dispatch

BVA

07/18/2012

Decision & Claims File Dispatch

BVA

07/20/2012

Decision & Claims File Dispatch

BVA

12/31/2012

Supplemental Statement(s) of the Case (SSOC)

RO

01/03/2013

Decision & Claims File Dispatch

BVA

Show Fewer Items

What Have We Received at BVA

Date Received

Item Received

04/18/2012

Correspondence Received

04/19/2012

Correspondence Received

04/24/2012

Correspondence Received

04/27/2012

Correspondence Received

05/01/2012

Correspondence Received

05/03/2012

Correspondence Received

05/14/2012

Correspondence Received

05/22/2012

Correspondence Received

If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

Notice 12-31-12...Does this mean they sent me a SSOC on that day?

Edited by qwiksting

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And now look at the POA and dates

Details about your BVA Appeal received on 01/03/2013

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: D - DAV

Current Progress: With VSO

Current Progress Description: Your case has been received at BVA and is currently with your Veterans Service Organization (VSO) representative for purposes of preparing written argument in support of your appeal. If you have questions about your case contact your VSO. For an online directory vith VSO contact information click here.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/03/2013

Received by BVA

BVA

01/03/2013

Administrative Case Processing

BVA

01/04/2013

With VLJ

BVA

01/05/2013

With VSO

BVA

Show Fewer Items

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Notice the POA on this timeline:

Details about your BVA Appeal received on 01/29/2010

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: L - None

Current Progress: Decision & Claims File Dispatch

Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

02/18/2009

Appeal Pending

BVA

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/29/2010

Received by BVA

BVA

01/29/2010

Administrative Case Processing

BVA

02/03/2010

With VSO

BVA

04/26/2010

With VSO

BVA

08/20/2010

With VSO

BVA

06/01/2011

With VSO

BVA

04/26/2012

With VSO

BVA

04/27/2012

With VSO

BVA

04/27/2012

With VLJ

BVA

04/27/2012

With VLJ

BVA

06/18/2012

With VLJ

BVA

06/22/2012

With VLJ

BVA

06/29/2012

With VLJ

BVA

07/10/2012

With VLJ

BVA

07/11/2012

With VLJ

BVA

07/12/2012

With VLJ

BVA

07/18/2012

Pending Dispatch

BVA

07/18/2012

Decision & Claims File Dispatch

BVA

07/20/2012

Decision & Claims File Dispatch

BVA

12/31/2012

Supplemental Statement(s) of the Case (SSOC)

RO

01/03/2013

Decision & Claims File Dispatch

BVA

Show Fewer Items

What Have We Received at BVA

Date Received

Item Received

04/18/2012

Correspondence Received

04/19/2012

Correspondence Received

04/24/2012

Correspondence Received

04/27/2012

Correspondence Received

05/01/2012

Correspondence Received

05/03/2012

Correspondence Received

05/14/2012

Correspondence Received

05/22/2012

Correspondence Received

If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

Notice 12-31-12...Does this mean they sent me a SSOC on that day?

I will go out and say that you WILL NOT receive a ssoc . Your files are with bva. Veteran law judge"s issue awards, remands, and denials. They do not issue ssoc,s..... My timeline and appeals are a carbon copy of yours and my files have been with the vlj for almost 6 months now and still no ssoc from the amc before files were returned to bva . IF indeed i won my appeal there would be no reason for amc to issue a ssoc. This is why i'm not worried about a ssoc. JMHO......

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I sure need to review this whole post because I didn't file a Waiver of Consideration regarding my 2003 DMII AO claim, thinking the RO would actually consider my evidence at some point.


I was suffering from an illusion on that one..... neither my AOJ VARO-Buffalo , nor the Seattle VARO they shipped the claim too, nor the AMC read ANY of my evidence.


The BVA took note in their decision that none of my probative evidence had been considered although it had been submitted multiple times.

My AOJ stated I had submitted solely some “internet printouts.” I had 4 thousand bucks worth of IMOs and extensive other medical evidence.

The VA did not want to re open my claim in 2003.They did all they could to step on my rights.

In the 2008 BVA remand, which I had asked the BVA for , it states:

“The Board notes that, although the appellant has submitted 
multiple copies of the November 2004 and August 2006 reports 
of Dr. CRB and the undated statement of Dr. HR, none have 
been formally discussed by the RO in rendering any decision.  
In listing the evidence in the September 2005 statement of 
the case, the RO indicated receipt of correspondence from the 
appellant "with and without attachments" but did not detail 
what was included in those attachments.  Further, the 
accompanying discussion states that the claimant "makes her 
own assessment the veteran had diabetes based on medical 
evidence she obtained from internet sources and which she 
then applied in interpreting medical reports herself."

Yeah my medical opinions and assessments were enough to win a FTCA wrongful death case, at the OGC Washington DC level but the RO thought I suddenly got dumber.

Then BVA stated:

“The Board notes that the claimant has not waived 
consideration by the agency of original jurisdiction, and has 
in fact stated that, in light of the failure to consider all 
the evidence of record, a remand would be required.  The 
Board agrees.  A remand is required to ensure that this 
evidence has been fully and fairly considered at the RO 
level.”
The remand didnt take long. Instead of the cardio opinion BVA wanted,I got a PA opinion which I quickly knocked down medically and sent my rebuttal to the BVA (and to the PA C & P doctor Too)
I also ordered a real cardio IMO and paid for it.
Before the forensic cardio doc could even begin the IMO I got the BVA decision:
in Part:
  “The weight of the competent evidence is at least in relative equipoise on the questions of whether the Veteran had diabetes during his lifetime that was caused by Agent 
Orange exposure during his Vietnam service, and whether that 
diabetes caused or contributed substantially or materially in 
causing the Veteran's death.” and 

“ORDER

Service connection for the cause of the Veteran's death is 
granted.” April 2009

This decision trumped the prior 1151 DIC award  and rendered to me many more monetary and ancillary  benefits to me.
My long point here is that I should have waived further RO consideration as soon as I realized my VCAA letter was deficient.
I added needless years to this claim by having an illusion that my RO would start reading my evidence  or take me off some s—t list I had been on before,when the OGC awarded my tort.
The 8 years they refused to grant my CUE claim  also proves my point on that and they recently found out that the CUE was  awarded by a different VARO.
I am so glad Carlie posted all the info on the Waiver of Jurisdiction here many times.
I do believe that most R0s never put claimants through the same rigamorale they have put me through but ,if the VA is failing to address your probative evidence, at some point you need to consider the waiver, when the claim  is or will be transferred to the BVA.

I wish even I could attach the waiver to the NOD I am sending tomorrow to my AOJ.
 
The biggest mistake I ever made with VA was NOT filing the waiver!

I still feel like an A-- hole on that critical error I made when the advise was always here at hadit to do that.












Edited by Berta

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Unfortunately, I submitted a waiver of regional office consideration to the BVA in April 2012 along with a revokation of my POA. All this was in trying to get in front of a VLJ, as I had been waiting with my VSO (DAV) for quite some time. My point is, how many times must I submit that waiver and revokation to the BVA for the same appeal? At one point after I submitted the revokation of POA, Ebenefits listed my POA as none. Now, it list the DAV as my POA, once again. It would seem that it would be against the law to let the DAV have POA again once it has been revoked.

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A formal signed revocation of POA must be sent to both the VARO AOJ you deal with, as well as the POA.

I found that out when I dumped the DAV. I did it by fax with the DAV but they said they couldnt accept a fax as it had no actual signature so I had to send them a letter.

I dont know the answer to your question on the waiver..........

anxious to see how others rely to that here........

Do you have a proof of mailing the waiver?

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"Notice 12-31-12...Does this mean they sent me a SSOC on that day?"

It appears that they did.............I hope you get it soon in the mail.......

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quicksting, did you ask for and receive a copy of the C & P exam the remand called for?

Was the exam done by a real doctor?

" After all records and/or responses from each contacted entity are associated with claims file, or a reasonable time period for the Veteran's response has expired, the RO should arrange for the Veteran to undergo VA gastrointestinal examination by an appropriate physician.  The entire claims file, to include a complete copy if this REMAND, must be made available to and reviewed by the examiner in conjunction with the examination.  Any indicated tests and studies should be conducted, with all results furnished to the examining physician prior to the completion of his or her report."
The examiner should clearly indicate all current gastrointestinal disability(ies), to include GERD and/or hiatal hernia.  Then, with respect to each such dia

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Unfortunately, I submitted a waiver of regional office consideration to the BVA in April 2012 along with a revokation of my POA. All this was in trying to get in front of a VLJ, as I had been waiting with my VSO (DAV) for quite some time. My point is, how many times must I submit that waiver and revokation to the BVA for the same appeal? At one point after I submitted the revokation of POA, Ebenefits listed my POA as none. Now, it list the DAV as my POA, once again. It would seem that it would be against the law to let the DAV have POA again once it has been revoked.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=a416c63f5c1c249456f9355ac5d5bd3b&rgn=div8&view=text&node=38:2.0.1.1.5.14.35.5&idno=38

§ 20.1304

Rule 1304. Request for change in representation, request for personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals.

(a) Request for a change in representation, request for a personal hearing, or submission of additional evidence within 90 days following notification of certification and transfer of records. An appellant and his or her representative, if any, will be granted a period of 90 days following the mailing of notice to them that an appeal has been certified to the Board for appellate review and that the appellate record has been transferred to the Board, or until the date the appellate decision is promulgated by the Board of Veterans' Appeals, whichever comes first, during which they may submit a request for a personal hearing, additional evidence, or a request for a change in representation. Any such request or additional evidence must be submitted directly to the Board and not to the agency of original jurisdiction. The date of mailing of the letter of notification will be presumed to be the same as the date of that letter for purposes of determining whether the request was timely made or the evidence was timely submitted. Any evidence which is submitted at a hearing on appeal which was requested during such period will be considered to have been received during such period, even though the hearing may be held following the expiration of the period. Any pertinent evidence submitted by the appellant or representative is subject to the requirements of paragraph (d) of this section if a simultaneously contested claim is involved.

(b) Subsequent request for a change in representation, request for a personal hearing, or submission of additional evidence —(1) General rule. Subject to the exception in paragraph (b)(2) of this section, following the expiration of the period described in paragraph (a) of this section, the Board of Veterans' Appeals will not accept a request for a change in representation, a request for a personal hearing, or additional evidence except when the appellant demonstrates on motion that there was good cause for the delay. Examples of good cause include, but are not limited to, illness of the appellant or the representative which precluded action during the period; death of an individual representative; illness or incapacity of an individual representative which renders it impractical for an appellant to continue with him or her as representative; withdrawal of an individual representative; the discovery of evidence that was not available prior to the expiration of the period; and delay in transfer of the appellate record to the Board which precluded timely action with respect to these matters. Such motions must be in writing and must include the name of the veteran; the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf); the applicable Department of Veterans Affairs file number; and an explanation of why the request for a change in representation, the request for a personal hearing, or the submission of additional evidence could not be accomplished in a timely manner. Such motions must be filed at the following address: Director, Management and Administration (01E), Board of Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. Depending upon the ruling on the motion, action will be taken as follows:

(i) Good cause not shown. If good cause is not shown, the request for a change in representation, the request for a personal hearing, or the additional evidence submitted will be referred to the agency of original jurisdiction upon completion of the Board's action on the pending appeal without action by the Board concerning the request or additional evidence. Any personal hearing granted as a result of a request so referred or any additional evidence so referred may be treated by that agency as the basis for a reopened claim, if appropriate. If the Board denied a benefit sought in the pending appeal and any evidence so referred which was received prior to the date of the Board's decision, or testimony presented at a hearing resulting from a request for a hearing so referred, together with the evidence already of record, is subsequently found to be the basis of an allowance of that benefit, the effective date of the award will be the same as if the benefit had been granted by the Board as a result of the appeal which was pending at the time that the hearing request or additional evidence was received.

(ii) Good cause shown. If good cause is shown, the request for a change in representation or for a personal hearing will be honored. Any pertinent evidence submitted by the appellant or representative will be accepted, subject to the requirements of paragraph (d) of this section if a simultaneously contested claim is involved.

(2) Exception. The motion described in paragraph (b)(1) of this section is not required to submit evidence in response to a notice described in § 20.903 of this chapter.

© Consideration of additional evidence by the Board or by the agency of original jurisdiction. Any pertinent evidence submitted by the appellant or representative which is accepted by the Board under the provisions of this section, or is submitted by the appellant or representative in response to a § 20.903 of this part, notification, as well as any such evidence referred to the Board by the agency of original jurisdiction under § 19.37(b) of this chapter, must be referred to the agency of original jurisdiction for review, unless this procedural right is waived by the appellant or representative, or unless the Board determines that the benefit or benefits to which the evidence relates may be fully allowed on appeal without such referral. Such a waiver must be in writing or, if a hearing on appeal is conducted, the waiver must be formally and clearly entered on the record orally at the time of the hearing. Evidence is not pertinent if it does not relate to or have a bearing on the appellate issue or issues.

(d) Simultaneously contested claims. In simultaneously contested claims, if pertinent evidence which directly affects payment, or potential payment, of the benefit sought is submitted by any claimant and is accepted by the Board under the provisions of this section, the substance of such evidence will be mailed to each of the other claimants who will then have 60 days from the date of mailing of notice of the new evidence within which to comment upon it and/or submit additional evidence in rebuttal. For matters over which the Board does not have original jurisdiction, a waiver of initial agency of original jurisdiction consideration of pertinent additional evidence received by the Board must be obtained from each claimant in accordance with paragraph © of this section. The date of mailing of the letter of notification of the new evidence will be presumed to be the same as the date of that letter for purposes of determining whether such comment or evidence in rebuttal was timely submitted. No further period will be provided for response to such comment or rebuttal evidence.

(e) Relationship to proceedings before the General Counsel to cancel accreditation or to review the reasonableness of fees and expenses . The provisions of paragraphs (a), (b), and (d) of this section allowing appellants to submit additional evidence do not apply in proceedings before the General Counsel conducted under part 14 of this chapter to cancel accreditation or to review fee agreements and expenses for reasonableness.

(Authority: 38 U.S.C. 7104, 7105, 7105A; 38 U.S.C. 5902, 5903, 5904)

[57 FR 4109, Feb. 3, 1992, as amended at 60 FR 25851, May 15, 1995; 61 FR 20453, May 7, 1996; 67 FR 3105, Jan. 23, 2002; 69 FR 53808, Sept. 3, 2004; 73 FR 29880, May 22, 2008; 76 FR 17548, Mar. 30, 2011]

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I faxed and mailed my revocation of POA to everyone and I mean everyone.

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Yes Berta, I faxed theDAV here in florida my Revokation of POA as well as to the BVA. I called to check and make sure they were no longer representing me a few weeks afterwards after it showed on Ebenefits that I no longer had a POA. The DAV in Florida, I think they are in St. Pete near the VARO, told me they could not talk to me any longer about my claim as they did not represent me anymore. I posted what ebenefits had been showing "no POA", up until AMC sent my file back to BVA, and then it appeared as they were my POA. I also faxed all new evidence, as well as what Hoppy did for me with the Waiver of consideration to the BVA. If you see on one of my post I was constantly faxing in to the BVA revocation of POA, waiver, new evidence ect. It shows on what I posted "What we have recieved at BVA" so it should be with my file, especially since I was represented by DAV for a couple years with this claim, then I took Ketchup and deanbrt advice on revoking poa and waiver of consideration.

Yes, I also recieved a copy of the C&P exam that was ordered from AMC. It was just a contracted Dr. at the va. The C&P was sent in to the AMC the same day it was conducted. The examiner stated there were no diagnosis of any Gastro problems, even though I had a Upper GI before exam that showed Gastro problems. My PCP also filled out a DBQ stating when I was Diagnosed with Gastro problems (DEC 05) 9 months after discharge. He also stated:

1. I have reviewed all cprs treatment notes from 11-10-2005 to present

2. I have been Mr. veterans primary treating physician since 12-28-2005 to present

3. I have provided consistent treatment for Mr. Vet GERD symptoms from 12-28-2005 to present

4. There have been no test or events that would determine that the symptoms described in 2005 are unrelated to the symptoms of GERD

C&P was very negative, he told me I would need an attorney to win this appeal, he did not examine me, he was interested more in my Family (mom dad, bros, and sisters) than me. He wanted to know if my family had this problem. I politely told him no. I began having this problem while in Iraq,2004.

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Carlie, if I am reading this right, I am stuck with the DAV, because I do not have good cause to revoke POA?

One other thing, I hate to keep beating this dead horse...but in the remand it states that if the benefit sought on appeal continues to be denied, the RO should furnish the veteran with a SSOC, and give veteran requisite time to respond prior to the AMC sending the Claim file back to BVA. Now if a SSOC was generated to be sent to me on 12-31-12, and it is in in the mail (I haven't got it yet) , How is it the BVA has the file now. I have not had a chance to respond to said SSOC. As I was told last night by ketchup, BVA and AMC have their own way of doing things.

Edited by qwiksting

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Carlie, if I am reading this right, I am stuck with the DAV, because I do not have good cause to revoke POA?

One other thing, I hate to keep beating this dead horse...but in the remand it states that if the benefit sought on appeal continues to be denied, the RO should furnish the veteran with a SSOC, and give veteran requisite time to respond prior to the AMC sending the Claim file back to BVA. Now if a SSOC was generated to be sent to me on 12-31-12, and it is in in the mail (I haven't got it yet) , How is it the BVA has the file now. I have not had a chance to respond to said SSOC. As I was told last night by ketchup, BVA and AMC have their own way of doing things.

Good cause only applies to a "CHANGE" of representation not for "REVOCATION" of representation. You are not bound by any vso and may revoke at any given time. Again bva/amc have their own way of doing things HOWEVER they still must follow the law. I'm willing to bet that now that bva has your files you will not receive a ssoc.

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Im gonna be a calling fool tomorrow!! First the BVA, then the DAV, then the AMC. I will find something out tomorrow!!!

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Im gonna be a calling fool tomorrow!! First the BVA, then the DAV, then the AMC. I will find something out tomorrow!!!

Edited by qwiksting

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AMC reason for denial. BTW, Dr Counselman has been my primary care physician since 2005, my return from Iraq. He is the one who DX'ed my gastro /GERD problem.

Document11.pdf

Edited by qwiksting

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I will use a term others are more resident here than me. It looks like Dr. Counselman did not provide a firm enough nexus. I would get Hoppy to review and advise

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Well being that he is my primary pcp, dxed my GERD in 2005, right after discharge...medical records of issue with "stress induced GERD" from doc in Iraq...I can't see how this is not a direct service connection. especially if there is continuity of treatment from my pcp. Baffling to me.

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Hoppy is the best judge. I bow to his expertise... : )

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Looks like they gave more weight to the c&p examiners opinion for the simple fact that they had access to your COMPLETE c-file and your pcp physician only had your vamc treatment records. Challenge the medical opinion of the c&p examiner on the statement they made about you not having a current diagnosis of gerd. Anything to get another remand, so to get what'"s needed to win. Was everything you submitted to the amc listed as evidence on the ssoc you received? If not challenge that. That's ground for remand also.




Looks like they gave more weight to the c&p examiners opinion for the simple fact that they had access to your COMPLETE c-file and your pcp physician only had your vamc treatment records. Challenge the medical opinion of the c&p examiner on the statement they made about you not having a current diagnosis of gerd. Anything to get another remand, so to get what'"s needed to win. Was everything you submitted to the amc listed as evidence on the ssoc you received? If not challenge that. That's ground for remand also.

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Unortunately, sent the AMC a Binder, $pounds according to Fed Ex, when I sent it. So no they did not cite anything but PCP and C&P Drs. They failed to mention my Private Gastro Drs notes, muliple endoscopies, upper GI's, hoopy letter, my letter, my employer letter, my medical records from active duty (Iraq)..ect ect....oh yea, they did note that DBQ that was corrected with the right date of Diagnosis (9 months after discharge).

They are flat out not reading evidence, or playing a game

Edited by qwiksting

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“Well being that he is my primary pcp, dxed my GERD in 2005, right after discharge...medical records of issue with "stress induced GERD" from doc in Iraq. “

Something is really wrong here.

Is there more documentation as to the 'stress'?

However, that should not be an issue here,because it seems like VA did not even consider the 'stress-induced ' statement ,as they didnt challenge that.

Ketchup and deanbrt are right on the mark with what they said.

“They are flat out not reading evidence, or playing a game”

If this came from the AMC and is going back to the BVA , the BVA lawyers can and will read all of the evidence.

Are you able scan.... wait a MINUTE......!!!!!!!

“My PCP also filled out a DBQ stating when I was Diagnosed with Gastro problems (DEC 05) 9 months after discharge. He also stated:

1. I have reviewed all cprs treatment notes from 11-10-2005 to present

2. I have been Mr. veterans primary treating physician since 12-28-2005 to present

3. I have provided consistent treatment for Mr. Vet GERD symptoms from 12-28-2005 to present

4. There have been no test or events that would determine that the symptoms described in 2005 are unrelated to the symptoms of GERD

C&P was very negative, he told me I would need an attorney to win this appeal, he did not examine me, he was interested more in my Family (mom dad, bros, and sisters) than me.”


The C & P doctor told you that you would need an attorney on appeal????????????????????

Who the ---k does he think he is, a VA rater?????????????????????


If you can scan the actual Reasons and Basis ( or is it here already) I could prepare a claim for you that the VA call a CUE on itself in this decision, as they violated evidentiary requirements in 38 CFR 4.6.


A strong nexus statement is missing in the PCP report ,these guys are right on that...that can be fixed.... this is unreal....

then again it is dejavu to many of us here.........the AMC is useless.

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Well i have a appt with my pcp on monday the 14 th i will ask him about this. How can i ask for a stronger nexus ? This all started in iraq as i have medical documents and treatment from there. Also it was diagnosed within 1 yr of discharge and it has well documented continuity to present. I have scanned all c&p's and descisions as well as evidence on my pc i had a hard time uploading amc descision i posted yesterday

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Berta would u like to see c and p the fist one and second one with soc and ssoc?

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This is the DBQ that my VA PCP filled out in response to the 2nd Crappy C&P

post-3716-0-14433800-1357675503_thumb.jp

post-3716-0-33896400-1357675516_thumb.jp

post-3716-0-07086900-1357675529_thumb.jp

post-3716-0-27062400-1357675541_thumb.jp

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Heres the first BS C&P...Woman couldnt speak english..Note that the first test was done on 12-2005 and DX'ed at that time, also I had been going to the VA complaining about my symptoms to my pcp who put in a endo consult in 12-2005 after the upper GI series confirmed reflux. I was denied the endo for 2 years, till I threatened to put this claim in. That was around june 2008....and I got an endo done. They found more than reflux at that point.

post-3716-0-14243700-1357676260_thumb.pn

post-3716-0-94362400-1357676269_thumb.pn

Edited by qwiksting

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The C & P is crap.

A doctor would have to state emphatically that this disability began in service ( with your SMRs to back that up)

VA is missing that point completely.

It seems to me that you have all the evidence you need.

I would love to see the SOC and SSOC as to their reasons and basis.

And the Evidence list in the decision.

This is mind boggling......then again de javu........for any of us hard core claimants here.......

My daughter, a vet, had only one problem with VA since her discharge.

It was a BIG error made by VA Educational Department (an oxymoron)

Boy did she curse about the error

She couldnt believe well paid fed emloyees at the VA could make the error they made.

I said "Honey Welcome to my world." The VA saves lives every day and often does many claims right but if they can ---- it all up they will.

I think I have PTSD from the VA.

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      A bit about Tbird and HadIt.com for those who've asked...



      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. 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