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 was Discharged from the Army 23 mar 05, Diagnosed by VA on 28 dec 2005. Would this fall under presumptive, with continued continuity of symptoms?

Would this be useful??? I sent it to the AMC...along with all that other stuff

Hoppy has something for these clowns....

Did you send the waiver of aoj with this evidence? You do not want this to go back to amc at this point.

[ketchup56]

I was Discharged from the Army 23 mar 05, Diagnosed by VA on 28 dec 2005. Would this fall under presumptive, with continued continuity of symptoms?

Would this be useful??? I sent it to the AMC...along with all that other stuff

Hoppy has something for these clowns....

You said you sent your evidence to the AMC... Your files are now at the BVA and this is where you should have sent your evidence to with the waiver of aoj and revocation of poa....

[qwiksting]

yes, and no. I sent the BVa an incorrect version of the DBQ without the Dr counselman statement, and also the Dr. Denby letter. I obtained irrefutable evidence that I have GERD, and have had it since Iraq. The DBQ got corrected once i read the last C&P report stating no diagnosis of GERD. I looked at the date of diagnosis my DR. wrote down and it was a mistake by 3 years. I was diagnosed in 2005 by an upper GI series, and he,Dr. Conselman, sited the 2008 Endoscopy from the VA in 2008 by Dr. Fabian (VA endoscopy report). On page 6 of the C&P the box is not checked for GERD, yet my DBQ contradicts that as well as Dr. Denby,private Gastro Doc letter to the VA. I have not submitted anything as of yet, I am waiting on Hoppy to send anything in. Hoppy is gonna rip them.

If you look at the DBQ, you can see where it was corrected, marked thru and correct date marked by Dr. Counselman. Then the statement he made was made after the second C&P because of what the C&P had in it and what the BVA said when they remanded it. The BVA cited Dr. Counselman in their decision, but said he did not opine as to the nexus. I dont believe a nexus is necessary with his statement, and diagnosis date (9 months after discharge).

Edited January 9, 2013 by qwiksting

[carlie]

They still continue to RX you Opramazole (sp) to treat your GERD

that was diagnosed on AD - so if they are still RXing that - then they are

obviously still treating the condition.

My crystal ball predicts

They will find the evidence of record to be in relative equipoise

and grant the BOD to the claimant.

If you have continually prosecuted the claim, you should receive the

effective date of the original claim filed.

If any compensation is granted, that may come in staged ratings

per the medical evidence of record.

The VA is not free to negate your SMR/STR's and or negate/dismiss

credible and probable evidence provider from a private medical provider,

nor necessarily give more weight to their C&P examiner than the

evidence of record in it's totality.

You WILL win a grant for your benefits.

[qwiksting]

Yes Carlie, I am still on meds RX, and they are still treating the condition. What does BOD mean. Yes I have been continually fighting this claim since 2008.

Thank you!!!!!! I hope I do, and not have to go to CAVC. But I will.

[deanbrt]

Get it back to BVA asap....