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

[ketchup56]

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.

[qwiksting]

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.

[qwiksting]

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.

[ketchup56]

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.

[ketchup56]

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.

[qwiksting]

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 January 6, 2013 by qwiksting