Waiver Of Regional Office Consideration For The Amc?

[qwiksting]

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 October 17, 2012 by qwiksting

[qwiksting]

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

[ketchup56]

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......

[Berta]

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 January 6, 2013 by Berta

[qwiksting]

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.

[Berta]

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?

[Berta]

"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.......