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Waiver Of Regional Office Consideration For The Amc?


qwiksting

Question

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 by qwiksting (see edit history)
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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.

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\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.

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.

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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.

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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........

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Yes to Carlie, i read it and read it over and over...to find out the reason it was remanded to begin with. My DBQ that my VA pcp filled out had the wrong date of diagnosis and no remarks in the remarks area. I took it back Friday and "insisted to see him" on the advice of Hoppy. He amended the DX of GERD date to reflect 12-28-05 (upper GI series)(my discharge was 3-23-05) and he remarked this: I have reviewed ALL CPRS treatment notes 11-10-2005 to present. I have been Mr. Smiths' primary treating physician since 12-28-2005 to present. I have provided consistent treatment for mr. smiths GERD symptoms from 12-28-2005 to present. There have been no tests or events that would determine that the symptoms described in 2005 are unrelated to the current symptoms of GERD.

What does CPRS mean?

my case is on the BVA website also....

search "stress induced GERD" I am the first one...St. Petersburgh Florida is VARO

Edited by qwiksting (see edit history)
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I called AMC today to check status, Was told my claim there was closed on 12/31/2012. Couldn't find out more than awaiting SSOC, whatever that means. Dont know if it was denied,granted re remanded or anything. I believe it is supposed to be returned to the bva after the decision made at amc. Someone correct me if I am wrong, but if I got screwed at AMC, will BVA catch it? I just dont have a good feeling.

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I called AMC today to check status, Was told my claim there was closed on 12/31/2012. Couldn't find out more than awaiting SSOC, whatever that means. Dont know if it was denied,granted re remanded or anything. I believe it is supposed to be returned to the bva after the decision made at amc. Someone correct me if I am wrong, but if I got screwed at AMC, will BVA catch it? I just dont have a good feeling.

Seems the original remand was for clarification of the 2009 medical opinion in which the the examiner failed to give a rationale behind his/her opinion. Your recently submiited DBQ states your gerd was diagnosed in service and has been continuous since military service.Two difference of opinions put's it in equipoise with the benefit of doubt going to the veteran. Sounds like a full grant to me when you were told by the amc that a ssoc was not in order on their end. What other end would they be referring to when the only decisions made at the at BVA level are grants, denials or remands (no ssoc"s). If indeed a ssoc is in order you should get a letter soon stating you have 30 days to respond before files are returned to bva for review. Notice i said "SHOULD" because my files were returned to bva without a ssoc.

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Thanks for the reply, however, I believe the lady told me on the phone from the amc, that they were awaiting an SSOC. That leads me to believe it was a partial grant or full denial. Bad night last nite. This thing has been going on since i filed in 6/2008.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

This exact thing happened to me. I would not worry about not receiving the ssoc, because if this return to bva is indeed a denial from the amc and the amc failed to issue you a ssoc that is a SERIOUS procedural error and cause for remand and another bite at the apple as far as rebutting their decision with new evidence. Bva will catch this immediately. If bva grants your appeal without the ssoc it would be most likely because it was "NOT PREJUDICIAL" to your case. We are in the exact same situation being both our files were returned to bva without a ssoc. IMHO i really believe it's a good thing. This is what i did to insure my revocation of my poa was actually a part of my file (1) Call the bva status line at 1 800 923-8387 and ask what TEAM your appeal is assigned to and ask for that teams fax number, then fax your revocation of poa directly to that number. They will update this on ebenefits to reflect that indeed you have revoked dav as your poa and will be listed as poa- none. (2) Send/fax dav the same copy of that revocation, then call them to insist that IF indeed they actually have your files to return them "IMMEDIATELY" back to bva. I assure you it will take a few attempts to get dav off their a-- to accomplish this task. Once all this has been accomplished ebenefits will return you to status 4 "currently with vlj for appropriate action". You must remember that we are pro se appellants and vba/bva know's this and will do bs like this. I also responded to your last pm today.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

This exact thing happened to me. I would not worry about not receiving the ssoc, because if this return to bva is indeed a denial from the amc and the amc failed to issue you a ssoc that is a SERIOUS procedural error and cause for remand and another bite at the apple as far as rebutting their decision with new evidence. Bva will catch this immediately. If bva grants your appeal without the ssoc it would be most likely because it was "NOT PREJUDICIAL" to your case. We are in the exact same situation being both our files were returned to bva without a ssoc. IMHO i really believe it's a good thing. This is what i did to insure my revocation of my poa was actually a part of my file (1) Call the bva status line at 1 800 923-8387 and ask what TEAM your appeal is assigned to and ask for that teams fax number, then fax your revocation of poa directly to that number. They will update this on ebenefits to reflect that indeed you have revoked dav as your poa and will be listed as poa- none. (2) Send/fax dav the same copy of that revocation, then call them to insist that IF indeed they actually have your files to return them "IMMEDIATELY" back to bva. I assure you it will take a few attempts to get dav off their a-- to accomplish this task. Once all this has been accomplished ebenefits will return you to status 4 "currently with vlj for appropriate action". You must remember that we are pro se appellants and vba/bva know's this and will do bs like this. I also responded to your last pm today.

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Notice the POA on this timeline:

Details about your BVA Appeal received on 01/29/2010

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: L - None

Current Progress: Decision & Claims File Dispatch

Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

02/18/2009

Appeal Pending

BVA

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/29/2010

Received by BVA

BVA

01/29/2010

Administrative Case Processing

BVA

02/03/2010

With VSO

BVA

04/26/2010

With VSO

BVA

08/20/2010

With VSO

BVA

06/01/2011

With VSO

BVA

04/26/2012

With VSO

BVA

04/27/2012

With VSO

BVA

04/27/2012

With VLJ

BVA

04/27/2012

With VLJ

BVA

06/18/2012

With VLJ

BVA

06/22/2012

With VLJ

BVA

06/29/2012

With VLJ

BVA

07/10/2012

With VLJ

BVA

07/11/2012

With VLJ

BVA

07/12/2012

With VLJ

BVA

07/18/2012

Pending Dispatch

BVA

07/18/2012

Decision & Claims File Dispatch

BVA

07/20/2012

Decision & Claims File Dispatch

BVA

12/31/2012

Supplemental Statement(s) of the Case (SSOC)

RO

01/03/2013

Decision & Claims File Dispatch

BVA

Show Fewer Items

What Have We Received at BVA

Date Received

Item Received

04/18/2012

Correspondence Received

04/19/2012

Correspondence Received

04/24/2012

Correspondence Received

04/27/2012

Correspondence Received

05/01/2012

Correspondence Received

05/03/2012

Correspondence Received

05/14/2012

Correspondence Received

05/22/2012

Correspondence Received

If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

Notice 12-31-12...Does this mean they sent me a SSOC on that day?

Edited by qwiksting (see edit history)
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And now look at the POA and dates

Details about your BVA Appeal received on 01/03/2013

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: D - DAV

Current Progress: With VSO

Current Progress Description: Your case has been received at BVA and is currently with your Veterans Service Organization (VSO) representative for purposes of preparing written argument in support of your appeal. If you have questions about your case contact your VSO. For an online directory vith VSO contact information click here.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/03/2013

Received by BVA

BVA

01/03/2013

Administrative Case Processing

BVA

01/04/2013

With VLJ

BVA

01/05/2013

With VSO

BVA

Show Fewer Items

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Notice the POA on this timeline:

Details about your BVA Appeal received on 01/29/2010

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: L - None

Current Progress: Decision & Claims File Dispatch

Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

02/18/2009

Appeal Pending

BVA

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/29/2010

Received by BVA

BVA

01/29/2010

Administrative Case Processing

BVA

02/03/2010

With VSO

BVA

04/26/2010

With VSO

BVA

08/20/2010

With VSO

BVA

06/01/2011

With VSO

BVA

04/26/2012

With VSO

BVA

04/27/2012

With VSO

BVA

04/27/2012

With VLJ

BVA

04/27/2012

With VLJ

BVA

06/18/2012

With VLJ

BVA

06/22/2012

With VLJ

BVA

06/29/2012

With VLJ

BVA

07/10/2012

With VLJ

BVA

07/11/2012

With VLJ

BVA

07/12/2012

With VLJ

BVA

07/18/2012

Pending Dispatch

BVA

07/18/2012

Decision & Claims File Dispatch

BVA

07/20/2012

Decision & Claims File Dispatch

BVA

12/31/2012

Supplemental Statement(s) of the Case (SSOC)

RO

01/03/2013

Decision & Claims File Dispatch

BVA

Show Fewer Items

What Have We Received at BVA

Date Received

Item Received

04/18/2012

Correspondence Received

04/19/2012

Correspondence Received

04/24/2012

Correspondence Received

04/27/2012

Correspondence Received

05/01/2012

Correspondence Received

05/03/2012

Correspondence Received

05/14/2012

Correspondence Received

05/22/2012

Correspondence Received

If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

Notice 12-31-12...Does this mean they sent me a SSOC on that day?

I will go out and say that you WILL NOT receive a ssoc . Your files are with bva. Veteran law judge"s issue awards, remands, and denials. They do not issue ssoc,s..... My timeline and appeals are a carbon copy of yours and my files have been with the vlj for almost 6 months now and still no ssoc from the amc before files were returned to bva . IF indeed i won my appeal there would be no reason for amc to issue a ssoc. This is why i'm not worried about a ssoc. JMHO......

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