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

[Chuck75]

Assuming the claim is at the AMC, and you wish to submit a waver, I'd send it to the AMC.

At this point, it looks like your file is at AMC.

[qwiksting]

Thanks chuck, thats what I was wondering. so I send the waiver to them, then it automatically goes back to the BVA for there people to decide?

[Chuck75]

Thanks chuck, thats what I was wondering. so I send the waiver to them, then it automatically goes back to the BVA for there people to decide?

Who knows?

Actually the AMC must take action as directed by the BVA. They should send or have already sent a letter to you, likely requesting information you may have already sent, and possibly scheduling yet another C&P. The confusion factor is whether AMC does things directly, or creates additional delay by going back to the VARO and asking it to do things that the AMC was directed to do by BVA.

[deanbrt]

\allan

Posted 16 November 2010 - 11:32 AM

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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carlie

Posted 15 November 2010 - 08:31 PM

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.

Truth Wins --- sometimes you just have to walk thru fire to get there !

When you have the CREDIBLE & PROBATIVE EVIDENCE - NEVER give up !

I am not an attorney or VSO, any advice I provide is strictly my humble opinion

therefore not to be held out for liable.

[ketchup56]

Yes you can waive amc"s jurisdiction. I myself did this exact move ONLY after making sure all remanded development had been completed by amc. Amc will after receipt of signed waiver return files to the bva even if NO development has been completed therefore causing another remand from bva. BE SURE ALL DEVELOPMENT HAS BEEN COMPLETED. Again i recently did this in july of this year and within 3 days of receipt of my waiver my file was returned to bva and now is currently with the vlj for review. I called the amc's directors office at this number (202) 530-9455 direct line) and she will tell you if all development has been completed and if so fax your waiver directly to her office FAX 202 530-9384. Deanbrt is dead on point about the dead time while at the amc, only to get the same results you got from the previous regional office. These people just can"t read and comprehend evidence. JMHO.

[ketchup56]

Also as an insurance policy once bva had the files back i sent the same exact copy of the waiver DIRECTLY to them (bva). Once this is received by bva it should show on ebenefits as correspondence received with the date sent to bva. Good Luck........