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.

[rpowell01]

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.

Its not just NEW evidence. Here is what happened. The VA RO utilized Dr. Bash's reports to 1. Increase my ratings in my cervical and lumbar, 2. Granted me TDIU based on Dr. Bash's report, 3. But did not grant me sciatica to BOTH of my lower extremities evne though Dr. Bash wrote in his IMOs that I should be rated at 20% each. They picked and chose what they wanted to out of each IMO and is actually ILLEGAL. They must use ALL of the evidence. Plus, after Dr. Bash wrote his IMO based on physical examination and review of ALL my military and VA records I had an EMG in 2013 that showed BILATERAL L5-S1 radiculopathy in both my legs. Trust me I suffer every freaking day since June 2012 because of this. I just recently had an EMG at my private pain management Neurology's office and NOW it also shows POLYNEUROPATHY in both of my legs with nerve entrapment. I am NOT DIABETIC and never have been. NO FREAKING wonder I am in a lot of pain. Why the POLYNEUROPATHY? Because the VA did not and has not treated me. All I did was see one Pain Management Neurologist at the VA and all he did for my back and leg pain was prescribe me opiods. Thats IT!!!! He then released me back to my VA PCP. So, I had to wait until October 2013 waiting on medicare to kick to try something. The private pain management doctor told me straight out that I herniated a disc in my back (Again the VA didn't want to do surgery, I have all the notes where my VA PCP asked the surgeon and he refused), but the disc did heal itself but now I have PERMANENT NERVE Damage and currently there is no reversing it. So because of the VA allowed me to have chronic inflammation for that long has now caused other issues with the nerves. Dr. Bash told me in July 2013 up in Maryland "If the VA doesn't treat this you will be in a wheelchair." Think about it, he knew I had radiculopathy before I even had the EMG. The VA is awful, just awful both compensation and medically.

The St Pete RO totally refused my radiculopathy. So, how can the RO pick and choose what they want out of an IMO report with an exam that was the MOST RECENT which was done AFTER the C&P exam? This is why i want it out of the RO and to get it to the BVA because the BVA knows Dr. Bash where these ROs don't. Also they cannot just pick and choose, the appeals court has already said this but the ROs keeps breaking the appeals court mandates.

Edited July 30, 2015 by rpowell01

[pwrslm]

Did they even mention the radiculopathy in your decision?

If not, that should be a UCE right off the bat.

[rpowell01]

They mentioned it but did not use the evidence from the Nexus which is still a CUE. But I can't do anything about it until all appeals are exhausted. You can't file a CUE unless your 1 year appeal dates are up and you don't have any appeals active on those claims. From my understanding.

Heck Dr. Bash on his 2nd IMO wrote up a CUE letter to them. He hammered the rater big time about this. People don't know that a regular MD or even a PA or a NP cannot override a specialist like Dr. Bash.