tdiu Waiver Of Regional Office Consideration Form

[rpowell01]

Does anybody have a LIGHTER copy of this form they could attach for me. The one I am finding on here is too dark.

I have TWO NOD with De Novo Review at the RO in St Pete that I want to get out of there and send straight to the BVA with a lot of evidence the BVA didn't want to use to make their decision on ALL my claims even for the approved TDIU they granted me but didn't grant me P&T. This past week I sent a message to the VSO over there to ask the rater if they would grant me P&T if I drop all of my claims. They denied that. So I want to get my appeals out of that office because they are totally messing up my claims, period.

Any help in obtaining this form is appreciated.

[toddt]

http://www.bva.va.gov/ebenefits.asp

Paragraph 7.

By law, you have the right to have the local VA office conduct an initial review of any new evidence submitted in your case, even if the case is with BVA and the evidence has been submitted directly to BVA. See 38 C.F.R. § 20.1304©. If you provide a waiver of this right, then you agree to let BVA consider the new evidence and issue a decision without your local VA office reviewing that evidence first. Alternatively, if you chose not to waive this right, BVA must then automatically remand your appeal (i.e., send your appeal back to your local VA office) so that office can conduct an initial review of the new evidence and issue a new decision. If you choose to waive initial review by the local VA office, you must submit a statement to this effect in writing with the evidence to: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420, or fax to (202) 565-4720. You may also waive this right on the record at a BVA hearing, if you have one.

Don't know why you couldn't just type one up similar to the one posted. I believe the reason it is so dark is because it comes to you printed on green paper.

Edited July 28, 2015 by toddt

[Philip Rogers]

I don't know of any form, either, but would suggest that you waive the local RO reviewing your evidence. In my opinion, if the BVA doesn't receive the waiver and remands it to the AOJ(RO), it could add 2yrs to the process.

pr

[toddt]

Here created a PDF of what I think you are looking for:

Waiver of REgional Office.pdf

[Gastone]

Your appeal, your decision and you have to live with the outcome. If you've already opted out the local review in favor of direct to BVA, all you can do is be sure any and all "New & Material Evidence" is sent in, NOW. Your N&M Evidence might and should trigger the VARO Review of your T & P claim, that is if you claimed T & P and it was officially Denied. What kind of time frame do you think your now looking at, Decision wise?

Your IU Disabilities are Static with no chance for improvement with treatment or time, Right?

Did you originally file for just IU, was it inferred, and did you include a T & P claim? I filed for straight IU, off of an Inferred IU claim and never mentioned anything about consideration for T & P. The DRO told me he was awarding my IU at the 2014 Hearing. Later that day when I got an E-mail from my VSO DRO Hearing rep, it indicated T&P and No Future Exams Scheduled.

Semper Fi

Gastone

[Fat]

Any new "evidence" submitted with the Form 9 will result in a SSOC from the regional office.

If you are confident in your evidence, file the form 9 and include the waiver of regional office reconsideration.

Also, make sure your Power of Attorney/VSO/personal attorney doesn't sit on the Form 8.

The Form 8 is needed for the claim to get certified to the BVA.

AskNod gives great information about the aforementioned information.

[rpowell01]

the VA ROs automatically review EACH NOD before it goes to the BVA and then makes another decision before the SOC. Whenever I filed both of my NODs I asked for a De Novo Review which is a waste of time from what I found out because the Review most of the time won't over ride what the person who is works on the intitial review before it goes to the BVA. So, this is what I am going to waive so its my mistake for asking for that form. I will just write up the request to waive the De Novo Review. My VSO in St Pete told me this morning that they do NOT recommend the De Novo Review because of this and that it just adds more time to the process. So, I am going to request for that particuliar process to be waived because I want to get it out and to the BVA if they don't change the decision.