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]

Looks like they gave more weight to the c&p examiners opinion for the simple fact that they had access to your COMPLETE c-file and your pcp physician only had your vamc treatment records. Challenge the medical opinion of the c&p examiner on the statement they made about you not having a current diagnosis of gerd. Anything to get another remand, so to get what'"s needed to win. Was everything you submitted to the amc listed as evidence on the ssoc you received? If not challenge that. That's ground for remand also.

Looks like they gave more weight to the c&p examiners opinion for the simple fact that they had access to your COMPLETE c-file and your pcp physician only had your vamc treatment records. Challenge the medical opinion of the c&p examiner on the statement they made about you not having a current diagnosis of gerd. Anything to get another remand, so to get what'"s needed to win. Was everything you submitted to the amc listed as evidence on the ssoc you received? If not challenge that. That's ground for remand also.

[qwiksting]

Unortunately, sent the AMC a Binder, $pounds according to Fed Ex, when I sent it. So no they did not cite anything but PCP and C&P Drs. They failed to mention my Private Gastro Drs notes, muliple endoscopies, upper GI's, hoopy letter, my letter, my employer letter, my medical records from active duty (Iraq)..ect ect....oh yea, they did note that DBQ that was corrected with the right date of Diagnosis (9 months after discharge).

They are flat out not reading evidence, or playing a game

Edited January 8, 2013 by qwiksting

[Berta]

“Well being that he is my primary pcp, dxed my GERD in 2005, right after discharge...medical records of issue with "stress induced GERD" from doc in Iraq. “

Something is really wrong here.

Is there more documentation as to the 'stress'?

However, that should not be an issue here,because it seems like VA did not even consider the 'stress-induced ' statement ,as they didnt challenge that.

Ketchup and deanbrt are right on the mark with what they said.

“They are flat out not reading evidence, or playing a game”

If this came from the AMC and is going back to the BVA , the BVA lawyers can and will read all of the evidence.

Are you able scan.... wait a MINUTE......!!!!!!!

“My PCP also filled out a DBQ stating when I was Diagnosed with Gastro problems (DEC 05) 9 months after discharge. He also stated:

1. I have reviewed all cprs treatment notes from 11-10-2005 to present

2. I have been Mr. veterans primary treating physician since 12-28-2005 to present

3. I have provided consistent treatment for Mr. Vet GERD symptoms from 12-28-2005 to present

4. There have been no test or events that would determine that the symptoms described in 2005 are unrelated to the symptoms of GERD

C&P was very negative, he told me I would need an attorney to win this appeal, he did not examine me, he was interested more in my Family (mom dad, bros, and sisters) than me.”

The C & P doctor told you that you would need an attorney on appeal????????????????????

Who the ---k does he think he is, a VA rater?????????????????????

If you can scan the actual Reasons and Basis ( or is it here already) I could prepare a claim for you that the VA call a CUE on itself in this decision, as they violated evidentiary requirements in 38 CFR 4.6.

A strong nexus statement is missing in the PCP report ,these guys are right on that...that can be fixed.... this is unreal....

then again it is dejavu to many of us here.........the AMC is useless.

[qwiksting]

Well i have a appt with my pcp on monday the 14 th i will ask him about this. How can i ask for a stronger nexus ? This all started in iraq as i have medical documents and treatment from there. Also it was diagnosed within 1 yr of discharge and it has well documented continuity to present. I have scanned all c&p's and descisions as well as evidence on my pc i had a hard time uploading amc descision i posted yesterday

[qwiksting]

Berta would u like to see c and p the fist one and second one with soc and ssoc?

[qwiksting]

This is the DBQ that my VA PCP filled out in response to the 2nd Crappy C&P