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

[Berta]

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

[carlie]

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 It would seem that it would be against the law to let the DAV have POA again once it has been revoked.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]

[deanbrt]

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

[qwiksting]

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.

[qwiksting]

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 January 6, 2013 by qwiksting

[ketchup56]

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.