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

[Mr cue]

i would let the bva make the decision u can still waive the ro and amc consideration i did and the judge decide and still remaned it back to amc. this is there way of just keeping the wheel turn u could sit at amc for years and get denided then it go to the judge anyway wasted time to me.