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carlie

Waiver Of Regional Office Consideration

Question

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.

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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.

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http://www.bva.va.gov/ebenefits.asp

7. What is a waiver of initial consideration of evidence by a local VA office?

By law, you have the right to have the local VA office conduct an initial review of any new evidence submitted in your case, even if the case is with BVA and the evidence has been submitted directly to BVA. See 38 C.F.R. § 20.1304©. If you provide a waiver of this right, then you agree to let BVA consider the new evidence and issue a decision without your local VA office reviewing that evidence first. Alternatively, if you chose not to waive this right, BVA must then automatically remand your appeal (i.e., send your appeal back to your local VA office) so that office can conduct an initial review of the new evidence and issue a new decision. If you choose to waive initial review by the local VA office, you must submit a statement to this effect in writing with the evidence to: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420, or fax to (202) 565-4720. You may also waive this right on the record at a BVA hearing, if you have one.

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