One Month And Three Weeks Prior To 2 Years At Bva

[halos2]

SO almost 2 years of sitting at BVA, my case was remanded back to the RO for a decision. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required.

...Subsequent to the issuance of the case, the Veteran submitted additional private medical evidence.

In an associated cover letter, the Veteran's representative stated, "Ths evidence has not been considered by the RO and the veteran does not wish to waive RO consideration.

Given the foregoing, a supplemental statement of the case reflecting review is not accompained by a waiver of RO decision...

Accordingly, the case is REMANDED for the following action:

Readjudicate the issue on appeal with consideration of all evidence received since the issuance of the (SOC)...

The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. ss 5109B, 7112 (West Supp.2009)...

Looks like formality here. Any comments as to possible guesses on outcome grant??

There was evidence resent that was overlooked/ignored as well as new updated IME's by a couple of the original dr's too.

I still am at a loss when it comes to the ...vet does not wish to waive RO consideration! ??

Is this pretty much standard policy with remands. Checked on 50 or so and found similiar terminology within them too.

Any legit comments appreciated by those who "done there, been through that!" B)

Edited February 20, 2010 by halos2

[Philip Rogers]

This is SOP. You made the same error I did about, 15 yrs ago, by not waiving the original RO reviewing the new evidence. As such the RO will review, probably deny(jmo), issue a decision and send it back to the BVA. Should be another 2-3 yrs before the BVA makes a decision and that'll probably be another remand. Sorry!!! Again jmo

pr

SO almost 2 years of sitting at BVA, my case was remanded back to the RO for a decision. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required.

...Subsequent to the issuance of the case, the Veteran submitted additional private medical evidence.

In an associated cover letter, the Veteran's representative stated, "Ths evidence has not been considered by the RO and the veteran does not wish to waive RO consideration.

Given the foregoing, a supplemental statement of the case reflecting review is not accompained by a waiver of RO decision...

Accordingly, the case is REMANDED for the following action:

Readjudicate the issue on appeal with consideration of all evidence received since the issuance of the (SOC)...

The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. ss 5109B, 7112 (West Supp.2009)...

Looks like formality here. Any comments as to possible guesses on outcome grant??

There was evidence resent that was overlooked/ignored as well as new updated IME's by a couple of the original dr's too.

I still am at a loss when it comes to the ...vet does not wish to waive RO consideration! ??

Is this pretty much standard policy with remands. Checked on 50 or so and found similiar terminology within them too.

Any legit comments appreciated by those who "done there, been through that!" B)

[broncovet]

Here is what is going on with this:

Like it or not, the BVA WONT make a decision on an issue that the RO has not considered, UNLESS the Veteran signs a waiver. That is, the BVA thinks the Veteran deserves a chance at his "local RO" before his claim goes to Washington DC and the BVA. Otherwise, Vets would just skip the Regional Office and just send their claims to the BVA. By signing a waiver, the Vet cant go to the CAVC and complain that the Vet never got a chance at the RO level.

What this means to you is you can either sign the waiver and have the BVA decide, or, it will be remanded. This only applies to what I call a "Secret Denial" but the BVA/CAVC uses the terms "deemed denials" or "unadjuticated claims". They all amount to the RO adjuticating one issue and "blowing off" other issues.

Bottom Line: Veterans for common sense says it takes 4 years for an appeal, and the VAOIG says the claims backlog will increase in 2010 and 2011, so you have at least another 2 year wait.

[Testvet]

you added new evidence and you knew the case was at the BVA? I did that about a month before the hearing but my lawyer had me sign the waiver so only the BVA Judge would consider the new evidence otherwise the hamdter wheel would still be turning on my case once it is at BVA let the Judge decide the case if the evidence is in your favor the Judge will consider it and I imagne it is or you would not have submitted it to the VA sometimes we have no control over our treating docs putting something into the VA record we might prefer they not put in but once the VARO sees it they seem to move heaven and earth to use the bad stuff against us find something that helps us and it gets a slow walk

I am sorry but you made the mistake by not signing the waiver next time sign the waiver you stand a better chance with the Judge

[carlie]

http://www.hadit.com/forums/index.php?show...mp;#entry175530

[halos2]

My VSO signed this, not me. Told him it was confusing and he said this was the only way to go...so?? The date claim filed was originally 03, then 04 but throughout the processes of denial, stating I was deceased, proposal to sever, told not filed in time/yet with another NOD on same form, personal hearing...denial again and not even read factual physician information, then to BVA...so I've been sitting on this waiting, sitting, and continue to wait.

My POA is with my VSO, even though I have done all of the work all of these years, so he said with 34 years of experience this waiver was the way to go.

I questioned him on this and he said do it this way, as it is the best way!

The letter received from BVA, states I can continue to send more information, plus I am scheduled for a new C&P exam in a few weeks too.(Remember the originated one was f'ed up with a liar bit*h lies, took all these years of requests to get this ordered).

"The appellant has the right to submit additional evidence and arguments on the matter or matters the Board has remanded. Kutcherousky v. West, 12 Vet. App. 369 (1999)." So I can still give them more evidence till...

I am going to call one of the head guys of my service organization in Washington, DC monday, as he has been in phone contact with me 5 or 6 times during the years, of which more have been within the last few months.

I feel I am being damned if I do or don't here with this waiver? It sounds backwards to me too??

Years of work, 3 printers, VBM, at least a couple hundred in more VA claims library books,and over $500 + ink and paper and

"you guys think I f'ed up going this route??"

My Optimism has turned to dispair now...gotta go and cry as I let him talk me into something I didn't understand and that back fired in what I should have done...I am angry and sad my life is still f'ed by this MF Incompetent Nurse Practioner's faulty exam.

So what now??????????????????????

Edited February 20, 2010 by halos2

[gpech]

My remanded claim was sent to the AMC via RO in 2005. Claim sat at AMC for 4 years until March 2009. Claim was finally decided in June 2009 in my favor and awarded by VARO in January 2010.