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]

I will dean, just as soon as I get the "Hoppy" paper...:)

[Berta]

I am looking for the AMC decision ,on the VA letterhead, as to their exact wording of their Reasons and Basis and the evidence list and I cant find it here.....is it here and am I missing it?

[qwiksting]

The ssoc. Or both denials. The SSOC is labled Document 11pdf

Edited January 9, 2013 by qwiksting

[qwiksting]

Here is what I recieved from the AMC on Monday, 1-7-13. I am aSSuming that I have from the 20th of December to return something. That was the day of the descsion. It was mailed to me on the 31st Of December 12. Maybe someone can chime in as to the suspense date.

[Berta]

I suggest that you DO respond to the SSOC from the AMC thus:

To AMC C file number etc

This is a response to your December 20,2012 decision.

I request that the AMC (VA) call a CLEAR and UNMISTAKABLE Error on the above erroneous decision . It is my belief that VA has

failed to apply the basic concepts and evidentary requirements of 38 USC, Chapter One, Part 4, Subpart A, under 4.6 et al, thus:

“Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “

The fact remains that much of my material and probative evidence sent to you , continues to be ignored by the VA and this clear and unmistakable error on your part has rendered a manifestly altered outcome by virtue of this December 20,2012 denial, to my detriment as a claimant.

I suggest you immediately comply with basic VA case law and render a proper decision.

I cite 38 USC, 5109A.,as it applies to the VA as well as to claimants.

I also cite M21-1MR, Part I, Chapter 1, Section A and all additional evidendtary quidelines in this manual.

The evidence you have ignored is listed again thus:

(list it all with dates sent and brief descriptions)

(Copy and enclose any Proof of Mailing cards or slips you have.)

Respectfully,

--------------------

Others will chime in here too

This maneuver has definitely worked for me a few times and might well work for you.

[carlie]

Have any of the evidence sections acknowledged Dr Donald J Denby's evidence

and that he is a certified gastro doc ?