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

[qwiksting]

Definately will do....

[qwiksting]

Very funny story today. DAV from Wash D.C. called me. Wnated to know about the POA situation. Wanted to know when I re assigned them as my POA. I told the guy, I didn't that the AMC did. He told me they must not of paid attention when they were filling out the paperwork to send back to the BVA. I told him I was used to it, It seems NOBODY read or pays attention to evidence, poa's you name it. Just rubber stamp it and send it on. i asked him if he had seen my file, my black binder of evidence. He told me no, your file is locked up in a store room right now, we dont have room for it. We can only hold 300 files at anytime. I told him not to worry about file 301, as I was going to submit, once again, a revokation of POA. He told me he seen where I revoked it in April, but I told him I would resubmit, just in case!! he did tell me that if I had more evidence, I could submit it, but to submit a waiver of consideration, otherwise it would go back to AMC. No Problem sir, evidence, revokation and waiver would come very soon.

[qwiksting]

Ok, so I sent out my evidence, Thank you HOPPY!!!!, my question is, did I need to include a 21-4138 with it? I sent it Fed Ex, with signature required. I did not think to include a 21-4138. I did include another waiver of regional office consideration, a waiver for BVA to wait the 30 days, Another "revoke my POA" DAV, 2nd time.

[qwiksting]

Ebenefits show i am now with a VLJ, but...even after I revoked my POA Again!, it shows I still have the DAV as my poa. I have tried calling and checking the web all day to find out my status. I could never get through on the phone, and the appeals status kept giving me an error until just now. I will try again tomarrow to revoke my POA. I revoked it before it went to the vlj last year, then it was remanded, then magically the DAV appeared again as my POA. I sent a waiver of consideration along with another "revoke my POA" beginning of January.

[Berta]

It is always good to send them either the 4138 as a brief cover letter or a brief regular ordinary cover letter ,listing what you have sent.....

but at this point I would sit tight and not worry abut the POA anymore.

DAV got one of my wins years ago but I revoked to prevent them from getting the next award.

When I had deposition (I sued ,my DAV NSO) ,he made a big deal of how he helped me get the award he knew of....

I whipped out how I got that award and asked him to provide documentation of his 'help' on that claim for his lawyer and the deposition record transcriber and of course there was none.

(He even told me the SSA award for PTSD wouldn't make a difference o0n the claim for higher PTSD rating. what a dope.

He had told me my 2 claims didn't have a chance.

And they both were stunned when I then whipped out the next award I got under 1151 and gave his lawyer a copy. It even got worse when I gave them copy of my FTCA settlement,that garnered the 1151 award.

Your POA situation will get resolved......it is the claim that needs full focus but I think best to sit tight..........

Actually the DAV guy you got contact with recently sounds like a very good NSO.

(The DAV lawyer took me aside when I deposed the NSO again a few weeks later and told me to get enrolled into a law school.

It was a nice compliment as he said he had fully understood my case and the way I had prepared the foundation.

My legal experience on that had come primarily from dealing with the VA. Evidence is everything. It got to be fun . I even had a little tiff with the judge. We MUST stand up for our rights. If not people will s--t on us.)

Edited January 30, 2013 by Berta

[qwiksting]

Update: I called BVA today to find out the status of my appeal. Unfortunately, BVA sent me a letter requesting I clarify who represents me. They recieved my 2nd request revoking the DAV as my poa in January. The first one was sent last year around May. In between those two dates, my appeal has went from BVA to AMC to BVA. At AMC, some jerk obviously didnt read the entire file (typical) and inserted the DAV as my POA when it was returned to the BVA. So, with that being said, it looks like I revoked the POA, then re instated the POA, then revoked the POA again. When I recieve the clarifacation letter next week from BVA, I am going to explain it like I would to a 5 year old, so that someone can wrap their head around this concept. I revoked my poa from DAV May 2012 and have not, nor will I ever re instate DAV as my POA.

I dont understand how much clearer i can be. The day it was remanded back to BVA, I mailed evidence against the Crappy C&P that was performed (or NOT), along with the waiver of regional office consideration along with the second revocation. I sent the second revocation because it showed that DAV was my pow on ebenefits. I called AMC and BVA to verify the F up.

Has anyone ever had so much trouble revoking a poa before. Its like a bad cold I cant get rid of!!!