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Question

I have four appeals at the BVA level that were certified by my RO and none of the appeals have docket numbers yet. I understand about waiver of initial consideration for additional evidence.

My questions are these:

  • 1. How do I know what evidence the BVA currently has? Could be that lots of evidence I have is not at the BVA level and want to ensure they have EVERYTHING.
  • 2. Will a waiver of initial consideration automatically apply to all evidence, past, present, and future? That is, does a waiver of initial consideration, prevent any of my appeals from being sent back to the RO, assuming the BVA has all they evidence for my claims/appeals. I'm done dealing with the RO and want to avoid any remands as my claim challenges have been ongoing for 29 years now!

Thank you very much in advance...

James

Edited by Jamezam
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The advice I got from the office of case management when it comes to my appeal and evidence is write a statement citing what evidence you are giving them and what you waiving your right for the RO review. Send it fedex the letter and evidence to the BVA center took about 3 weeks to be put into my appeal waiving the RO review. I did this for 13 pieces of evidence for one appeal. Right now that appeal is in the decision being sent phase since the 14th... doesn’t have to be fedex either I used the post office if you want to do this i have been successful in doing. This I have to dig up the address if you want it 

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Thanks for your reply and the information you posted. I received this from the BVA Ombudsman in September:

"A waiver of initial consideration applies to whatever evidence you would like it to apply to—except future evidence.  The waiver must be made knowingly and voluntarily.  You cannot waive something you do not yet know about.

You should also take note that if your VA Form 9 was submitted on 2 February 2013, or later, any new evidence you or your representative submits will automatically be considered waived, which means that the Board will consider the evidence first without sending it to the Regional Office. 

If your VA Form 9 was submitted before 2 February 2013, and you would like the evidence submitted to be reviewed by the Regional Office then you will have to specifically request so with your submission.  The Board will then remand your appeal to the Regional Office and the Regional Office will issue a Supplemental Statement of the Case (SSOC).  This is only applies to evidence you or your representative submits and does not apply to evidence submitted by the Regional Office."

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