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Navy62Spouse

RO waiver on BVA Remand question

Question

I am new here & posted a longer history in the PTSD section.  I have a (hopefully) quick question.  I already sent my argument to SSOC with some new evidence in a week ago.   The claim is at the Cleveland RO currently (which I hear is the worst) on a remand from BVA.  Can I send in an RO waiver at this point, or will the RO be reviewing evidence/developing from what I just submitted?  In looking at CFR 38 & M21-MR, It sounds like the waiver only applies if the claim is currently at the BVA & prevents them from remanding to the RO for evidence review.  

Should I resubmit what I sent with this waiver or just sit back & wait u til the RO certifies again & returns it to the BVA?  We only have until 9/12/17 to respond within the 30 days.  Also, this was mailed certified, return receipt 9/1/17 and still says 'in transit' on the usps tracking.  Any thoughts?  Thank you!

Edited by Navy62Spouse

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ArNG11    855

I am curious with your question as well.  In my case with the last set of claims I filed a Waiver of Review letter to the BVA.  I want the claim to be decided in Washington and not with the bonehead Regional Office.  

Where did you send your waiver, was it at the Jacksonville evidence intake center by chance.?  That is where I sent mine and where it was processed. My last Form 9 went there as well.  I got the mail return receipts so I know its in there hands. 

If it were me and you haven't heard anything in writing I would check just to make sure.  You could send another express if you are concerned about it.  I would provide a copy of the return receipt along with it just as a reminder.   With it being so close to the deadline I would call up directly to the VA Regional Office.  

Did you try IRIS or calling the Regional office already?  Have you called the BVA by chance?  These are just some suggestions.  Hopefully you should have gotten a response by now. Mail runs tomorrow.  Hopefully you get the receipt then.  

 

Good luck. Best wishes.

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R3dneck    44
18 hours ago, Navy62Spouse said:

I am new here & posted a longer history in the PTSD section.  I have a (hopefully) quick question.  I already sent my argument to SSOC with some new evidence in a week ago.   The claim is at the Cleveland RO currently (which I hear is the worst) on a remand from BVA.  Can I send in an RO waiver at this point, or will the RO be reviewing evidence/developing from what I just submitted?  In looking at CFR 38 & M21-MR, It sounds like the waiver only applies if the claim is currently at the BVA & prevents them from remanding to the RO for evidence review.  

Should I resubmit what I sent with this waiver or just sit back & wait u til the RO certifies again & returns it to the BVA?  We only have until 9/12/17 to respond within the 30 days.  Also, this was mailed certified, return receipt 9/1/17 and still says 'in transit' on the usps tracking.  Any thoughts?  Thank you!

You'll be fine as long as its postmarked before 9/12 which in your case it should be. Keep your receipt.

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Oh, believe me, I have the receipt from the post office.  I ran the tracking number and strangely, it just arrived at the Cleveland post office today...mailed from Columbus on 9/1/2017.  I have never seen first class mail travel that slow.  It did arrive at the VARO today.  Today was the 30 day deadline.

Im wondering if it's maybe a good thing that the evidence/argument are delayed.  I mailed it before I ran across the RO waiver, so that is NOT included.  Maybe the RO will certify the claim to BVA, then locate the evidence and send it to the BVA as well.  I figure once it goes back to the BVA & they let me know about it, I'll have 90 days to submit anything at that point, right?  So I could resubmit what I just sent to them & also include an RO waiver so that the BVA will keep it and decide it...hopefully, without any further remands.

Does the above plan sound reasonable?  Or should I take further action while its still at the VARO?

Edited by Navy62Spouse

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Here's an update to the appeal.  Looks like the argument/evidence we sent was delivered end of the day on 9/12/17 (the 30 day Mark). Evidently, the VA predates their 'sent back to the BVA' letters as that letter arrived 9/13/17.  So, the evidence we sent would not be associated with the C-file at this point.  

My question is, should I just go ahead and send this packet, with the RO waiver, to the BVA...even if it might beat the C-file there?  And, also send just the RO waiver to the RO, just in case they pull it back when they discover the new evidence?

Thank you so much for your responses!  I really appreciate it!

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R3dneck    44

You can upload it on Ebenifits and you'll be able to see that through your documents. Anything sent at this point is considered evidence for your claim.

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ArNG11    855

Folks please post how your situations work out.  You have to be very careful in the wording of your appeals.   To cover my self for instance on my last appeal I put a statement in reply that I reserve the right to appeal any further SOC or SSOC's to the board.  I also included a waiver of review in my last set of claims just to be on the safe side I included a copy of the waiver in my last correspondence with the VA.  I really despise that things have to be channeled through the Evidence Intake Centers but with the VA you have to cover your twelve and six.   

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