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

[Berta]

You are on what the vet lawyers call the VA "Hamster Wheel"

Was on it myself for years. Many here have been and still are.

At this point ,as soon as the BVA gets your files you should contact them.

I used both the phone number below and also used the ombudsman email and certainly sent to the BVA copies of my prime evidence,that, at that point 2 VAROs and the AMC had completely ignored.

This is part of the reason why there is a backlog.Federal employees at the RO levels are NOT doing their jobs, knowing either the vet will give up and not appeal, or the vet will die and no survivor will pick up the claim,at the regional level, or down the road the vet might succeed at the BVA level.....but there is no accountability to the RO level for initial piss poor claims work in the first place.

The VBA was not prepared for OIF OIF vets,and then the new Nehmer conditions came about.....

Also I certainly can sympathize with tremendous burn out that I feel many RO employees have.

Still the whole system is a mess.

Main BVA phone number 1- 202- 565- 5436.

Ombudsman

bva.ombudsman@va.gov

Once you know they (BVA) have ALL of your evidence, all you can do is to be patient at this point.

I think more claimants need to try the VA go CUE yourself approach as soon as the VA makes an evidentary error.because it did work for me... in 3-4 weeks ,last time ...... otherwise I would still be on the Hamster wheel , waiting until probably 2015...I just have not had time to finish my article on how to do that and get it here.

I am sure concerned about the whereabouts of your binder.

I use the ombudsman for many other issues too. With email response from the ombudsman, (it might take a few hours,or a few days)you have documented proof of what they say.

I like the BVA ombudsmen and women( there are more then one).

When I sent the Sec a copy of one email I got from them, somehow a problem got solved right away down there.

Your claim is headed ,in my opinion, to a far better place than the AMC or the RO.

But unfortunately this will take time.

Can you, if needed, and I sure hope this wont be needed, can you reconstruct all the evidence that was in the binder??????

The I-9 form........ This is where a claimant MUST HIT THEM HARD right from the git go as to WHY the RO decisions are wrong.........

I think we have plenty of info here on how to prepare the I-9.

[qwiksting]

Yes i can reconstruct the binder as i made copies of all the evidence. I was advised by hoppy not to resubmit things that i have already submitted with the exception of the amended dbq, dr. Denby letter. But to refrence the other alredy submitted evidence in a letter/paper.

[deanbrt]

"This is part of the reason why there is a backlog.Federal employees at the RO levels are NOT doing their jobs, knowing either the vet will give up and not appeal, or the vet will die and no survivor will pick up the claim,at the regional level, or down the road the vet might succeed at the BVA level.....but there is no accountability to the RO level for initial piss poor claims work in the first place."

Yes, this was my experience.......

[qwiksting]

I called the BVA again today to ask about the situation with the POA, and was given a number to the DAV in washington. To my surprise, the AMC,DAV and BVA are all in the same building....So that may explain the SNAFU in washington. I just hope I get a fair shake. I asked the DAV if they had my binder and the guy said yes, so I asked what color binder did he have. He didnt know, which tells me he dont know if it is there are not. "WE got everything that the AMC sent us", which still doesnt answer the question if everything in the binder is still there.

[qwiksting]

Well, tomorrow I have an appointment with my PCCP at the VA. I am thankful he filled out the DBQ for me. I am bringing in the last C&P and the descision by the AMC for him to look at. I would really like a letter or something from him to rebut that report. Does anyone think that would be too much to ask for?

[deanbrt]

Don't run the risk that they will send it back to the RO because of the new evidence. Send in another waiver.