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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Waiver Of Regional Office Consideration For The Amc?

92 posts in this topic

Posted · Report post

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:

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Posted · Report post

Assuming the claim is at the AMC, and you wish to submit a waver, I'd send it to the AMC.

At this point, it looks like your file is at AMC.

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Posted · Report post

Thanks chuck, thats what I was wondering. so I send the waiver to them, then it automatically goes back to the BVA for there people to decide?

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Posted · Report post

Thanks chuck, thats what I was wondering. so I send the waiver to them, then it automatically goes back to the BVA for there people to decide?

Who knows?

Actually the AMC must take action as directed by the BVA. They should send or have already sent a letter to you, likely requesting information you may have already sent, and possibly scheduling yet another C&P. The confusion factor is whether AMC does things directly, or creates additional delay by going back to the VARO and asking it to do things that the AMC was directed to do by BVA.

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\allan

Posted 16 November 2010 - 11:32 AM

This waiver is a great time saver. Each time the BVA remands the claim back to the RO to consider the evidence, it may sit a yr or so before they get to it.

Once your at the BVA, keep your claim in their hands until it's finalized. The AMC is dead time and remands back to the RO are long delays.

carlie

Posted 15 November 2010 - 08:31 PM

This link has a PDF attachment for the Waiver of Regional Office Consideration

that is used when you submit additional information / evidence to the BVA.

If the BVA does not get this signed Waiver from the claimant, in most cases they will automatically

by regs. have to remand the additional information / evidence back to your RO for their consideration.

Truth Wins --- sometimes you just have to walk thru fire to get there !

When you have the CREDIBLE & PROBATIVE EVIDENCE - NEVER give up !

I am not an attorney or VSO, any advice I provide is strictly my humble opinion

therefore not to be held out for liable.

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Posted · Report post

Yes you can waive amc"s jurisdiction. I myself did this exact move ONLY after making sure all remanded development had been completed by amc. Amc will after receipt of signed waiver return files to the bva even if NO development has been completed therefore causing another remand from bva. BE SURE ALL DEVELOPMENT HAS BEEN COMPLETED. Again i recently did this in july of this year and within 3 days of receipt of my waiver my file was returned to bva and now is currently with the vlj for review. I called the amc's directors office at this number (202) 530-9455 direct line) and she will tell you if all development has been completed and if so fax your waiver directly to her office FAX 202 530-9384. Deanbrt is dead on point about the dead time while at the amc, only to get the same results you got from the previous regional office. These people just can"t read and comprehend evidence. JMHO.

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Also as an insurance policy once bva had the files back i sent the same exact copy of the waiver DIRECTLY to them (bva). Once this is received by bva it should show on ebenefits as correspondence received with the date sent to bva. Good Luck........

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qwik,

Did you read through the remand several times,

to get a good understanding of the BVA's specific instructions

to be followed regarding your remanded issue/s ?

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Yes to Carlie, i read it and read it over and over...to find out the reason it was remanded to begin with. My DBQ that my VA pcp filled out had the wrong date of diagnosis and no remarks in the remarks area. I took it back Friday and "insisted to see him" on the advice of Hoppy. He amended the DX of GERD date to reflect 12-28-05 (upper GI series)(my discharge was 3-23-05) and he remarked this: I have reviewed ALL CPRS treatment notes 11-10-2005 to present. I have been Mr. Smiths' primary treating physician since 12-28-2005 to present. I have provided consistent treatment for mr. smiths GERD symptoms from 12-28-2005 to present. There have been no tests or events that would determine that the symptoms described in 2005 are unrelated to the current symptoms of GERD.

What does CPRS mean?

my case is on the BVA website also....

search "stress induced GERD" I am the first one...St. Petersburgh Florida is VARO

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Posted · Report post

Your best chance is at BVA. That was always my belief...

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I called AMC today to check status, Was told my claim there was closed on 12/31/2012. Couldn't find out more than awaiting SSOC, whatever that means. Dont know if it was denied,granted re remanded or anything. I believe it is supposed to be returned to the bva after the decision made at amc. Someone correct me if I am wrong, but if I got screwed at AMC, will BVA catch it? I just dont have a good feeling.

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Posted · Report post

I think SSOC means a partial grant, at best, but others here are better judges than me....

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I called AMC today to check status, Was told my claim there was closed on 12/31/2012. Couldn't find out more than awaiting SSOC, whatever that means. Dont know if it was denied,granted re remanded or anything. I believe it is supposed to be returned to the bva after the decision made at amc. Someone correct me if I am wrong, but if I got screwed at AMC, will BVA catch it? I just dont have a good feeling.

Seems the original remand was for clarification of the 2009 medical opinion in which the the examiner failed to give a rationale behind his/her opinion. Your recently submiited DBQ states your gerd was diagnosed in service and has been continuous since military service.Two difference of opinions put's it in equipoise with the benefit of doubt going to the veteran. Sounds like a full grant to me when you were told by the amc that a ssoc was not in order on their end. What other end would they be referring to when the only decisions made at the at BVA level are grants, denials or remands (no ssoc"s). If indeed a ssoc is in order you should get a letter soon stating you have 30 days to respond before files are returned to bva for review. Notice i said "SHOULD" because my files were returned to bva without a ssoc.

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Thanks for the reply, however, I believe the lady told me on the phone from the amc, that they were awaiting an SSOC. That leads me to believe it was a partial grant or full denial. Bad night last nite. This thing has been going on since i filed in 6/2008.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

This exact thing happened to me. I would not worry about not receiving the ssoc, because if this return to bva is indeed a denial from the amc and the amc failed to issue you a ssoc that is a SERIOUS procedural error and cause for remand and another bite at the apple as far as rebutting their decision with new evidence. Bva will catch this immediately. If bva grants your appeal without the ssoc it would be most likely because it was "NOT PREJUDICIAL" to your case. We are in the exact same situation being both our files were returned to bva without a ssoc. IMHO i really believe it's a good thing. This is what i did to insure my revocation of my poa was actually a part of my file (1) Call the bva status line at 1 800 923-8387 and ask what TEAM your appeal is assigned to and ask for that teams fax number, then fax your revocation of poa directly to that number. They will update this on ebenefits to reflect that indeed you have revoked dav as your poa and will be listed as poa- none. (2) Send/fax dav the same copy of that revocation, then call them to insist that IF indeed they actually have your files to return them "IMMEDIATELY" back to bva. I assure you it will take a few attempts to get dav off their a-- to accomplish this task. Once all this has been accomplished ebenefits will return you to status 4 "currently with vlj for appropriate action". You must remember that we are pro se appellants and vba/bva know's this and will do bs like this. I also responded to your last pm today.

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Well, I am back at the BVA (with no SSOC) from AMC. I went from admin processing to VLJ and today I checked it and I am at the VSO level. Now If I recall correctly, I fired my POA back in April 2012, while at the BVA so I could get to a VLJ, It had been almost 4 years, (DAV). I wonder how the DAV is now my POA (VSO) again????? I am sooo tired of this. All these games. The last time I talked with the DAV, they assured me they could not talk to me about my claim because I had revoked the POA for them. Is it magic, or is some procedural rules being broken? Has anyone had this issue before?

So, lets add the mistakes up....no one reads evidence or ignores it. (First C&P). 2nd C&P examiner tells me after pointing to my so called file, I will need an attorney to win this claim. He doesnt examine me, however I had medical test done for the C&P that same morning before I seen examiner, yet the examiner states there is no diagnosis, contrary to my PCP, test, results accompanied with Farce C&P, Examiner never asked me about my issues and never examined me. The C&P was sent back the same day at exactly 3:05 pm, my Exam was at 10 am (release of Info lady told me when I asked about a copy of C&P weeks later.) Third, I was told by the AMC information lady, that they were waiting on a SSOC, this was on 3 Jan 13, that it had been sent back to BVA. I am still waiting on the SSOC too!! Fourth, I check ebenefits this morning, and I had no POA, I was in front of the VLJ. As of right now I am "with VSO" and it says my VSO is DAV. I am beyond frustrated with the VA. All I ask was a fair shake, nothing extra.

Has anyone had this happen, and what was the outcome, Favorable or unfavorable.

This exact thing happened to me. I would not worry about not receiving the ssoc, because if this return to bva is indeed a denial from the amc and the amc failed to issue you a ssoc that is a SERIOUS procedural error and cause for remand and another bite at the apple as far as rebutting their decision with new evidence. Bva will catch this immediately. If bva grants your appeal without the ssoc it would be most likely because it was "NOT PREJUDICIAL" to your case. We are in the exact same situation being both our files were returned to bva without a ssoc. IMHO i really believe it's a good thing. This is what i did to insure my revocation of my poa was actually a part of my file (1) Call the bva status line at 1 800 923-8387 and ask what TEAM your appeal is assigned to and ask for that teams fax number, then fax your revocation of poa directly to that number. They will update this on ebenefits to reflect that indeed you have revoked dav as your poa and will be listed as poa- none. (2) Send/fax dav the same copy of that revocation, then call them to insist that IF indeed they actually have your files to return them "IMMEDIATELY" back to bva. I assure you it will take a few attempts to get dav off their a-- to accomplish this task. Once all this has been accomplished ebenefits will return you to status 4 "currently with vlj for appropriate action". You must remember that we are pro se appellants and vba/bva know's this and will do bs like this. I also responded to your last pm today.

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Notice the POA on this timeline:

Details about your BVA Appeal received on 01/29/2010

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: L - None

Current Progress: Decision & Claims File Dispatch

Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

02/18/2009

Appeal Pending

BVA

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/29/2010

Received by BVA

BVA

01/29/2010

Administrative Case Processing

BVA

02/03/2010

With VSO

BVA

04/26/2010

With VSO

BVA

08/20/2010

With VSO

BVA

06/01/2011

With VSO

BVA

04/26/2012

With VSO

BVA

04/27/2012

With VSO

BVA

04/27/2012

With VLJ

BVA

04/27/2012

With VLJ

BVA

06/18/2012

With VLJ

BVA

06/22/2012

With VLJ

BVA

06/29/2012

With VLJ

BVA

07/10/2012

With VLJ

BVA

07/11/2012

With VLJ

BVA

07/12/2012

With VLJ

BVA

07/18/2012

Pending Dispatch

BVA

07/18/2012

Decision & Claims File Dispatch

BVA

07/20/2012

Decision & Claims File Dispatch

BVA

12/31/2012

Supplemental Statement(s) of the Case (SSOC)

RO

01/03/2013

Decision & Claims File Dispatch

BVA

Show Fewer Items

What Have We Received at BVA

Date Received

Item Received

04/18/2012

Correspondence Received

04/19/2012

Correspondence Received

04/24/2012

Correspondence Received

04/27/2012

Correspondence Received

05/01/2012

Correspondence Received

05/03/2012

Correspondence Received

05/14/2012

Correspondence Received

05/22/2012

Correspondence Received

If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

Notice 12-31-12...Does this mean they sent me a SSOC on that day?

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And now look at the POA and dates

Details about your BVA Appeal received on 01/03/2013

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: D - DAV

Current Progress: With VSO

Current Progress Description: Your case has been received at BVA and is currently with your Veterans Service Organization (VSO) representative for purposes of preparing written argument in support of your appeal. If you have questions about your case contact your VSO. For an online directory vith VSO contact information click here.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/03/2013

Received by BVA

BVA

01/03/2013

Administrative Case Processing

BVA

01/04/2013

With VLJ

BVA

01/05/2013

With VSO

BVA

Show Fewer Items

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Posted · Report post

Notice the POA on this timeline:

Details about your BVA Appeal received on 01/29/2010

Local VA Office of Jurisdiction: St. Petersburg, FL

Power of Attorney: L - None

Current Progress: Decision & Claims File Dispatch

Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

08/29/2008

Local VA Office Decision

RO

12/09/2008

Notice of Disagreement (NOD)

RO

02/18/2009

Appeal Pending

BVA

09/18/2009

Statement of the Case (SOC)

RO

10/14/2009

Substantive Appeal (Form 9)

RO

01/22/2010

Certification of Appeal

RO

01/29/2010

Received by BVA

BVA

01/29/2010

Administrative Case Processing

BVA

02/03/2010

With VSO

BVA

04/26/2010

With VSO

BVA

08/20/2010

With VSO

BVA

06/01/2011

With VSO

BVA

04/26/2012

With VSO

BVA

04/27/2012

With VSO

BVA

04/27/2012

With VLJ

BVA

04/27/2012

With VLJ

BVA

06/18/2012

With VLJ

BVA

06/22/2012

With VLJ

BVA

06/29/2012

With VLJ

BVA

07/10/2012

With VLJ

BVA

07/11/2012

With VLJ

BVA

07/12/2012

With VLJ

BVA

07/18/2012

Pending Dispatch

BVA

07/18/2012

Decision & Claims File Dispatch

BVA

07/20/2012

Decision & Claims File Dispatch

BVA

12/31/2012

Supplemental Statement(s) of the Case (SSOC)

RO

01/03/2013

Decision & Claims File Dispatch

BVA

Show Fewer Items

What Have We Received at BVA

Date Received

Item Received

04/18/2012

Correspondence Received

04/19/2012

Correspondence Received

04/24/2012

Correspondence Received

04/27/2012

Correspondence Received

05/01/2012

Correspondence Received

05/03/2012

Correspondence Received

05/14/2012

Correspondence Received

05/22/2012

Correspondence Received

If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

Notice 12-31-12...Does this mean they sent me a SSOC on that day?

I will go out and say that you WILL NOT receive a ssoc . Your files are with bva. Veteran law judge"s issue awards, remands, and denials. They do not issue ssoc,s..... My timeline and appeals are a carbon copy of yours and my files have been with the vlj for almost 6 months now and still no ssoc from the amc before files were returned to bva . IF indeed i won my appeal there would be no reason for amc to issue a ssoc. This is why i'm not worried about a ssoc. JMHO......

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I sure need to review this whole post because I didn't file a Waiver of Consideration regarding my 2003 DMII AO claim, thinking the RO would actually consider my evidence at some point.


I was suffering from an illusion on that one..... neither my AOJ VARO-Buffalo , nor the Seattle VARO they shipped the claim too, nor the AMC read ANY of my evidence.


The BVA took note in their decision that none of my probative evidence had been considered although it had been submitted multiple times.

My AOJ stated I had submitted solely some “internet printouts.” I had 4 thousand bucks worth of IMOs and extensive other medical evidence.

The VA did not want to re open my claim in 2003.They did all they could to step on my rights.

In the 2008 BVA remand, which I had asked the BVA for , it states:

“The Board notes that, although the appellant has submitted 
multiple copies of the November 2004 and August 2006 reports 
of Dr. CRB and the undated statement of Dr. HR, none have 
been formally discussed by the RO in rendering any decision.  
In listing the evidence in the September 2005 statement of 
the case, the RO indicated receipt of correspondence from the 
appellant "with and without attachments" but did not detail 
what was included in those attachments.  Further, the 
accompanying discussion states that the claimant "makes her 
own assessment the veteran had diabetes based on medical 
evidence she obtained from internet sources and which she 
then applied in interpreting medical reports herself."

Yeah my medical opinions and assessments were enough to win a FTCA wrongful death case, at the OGC Washington DC level but the RO thought I suddenly got dumber.

Then BVA stated:

“The Board notes that the claimant has not waived 
consideration by the agency of original jurisdiction, and has 
in fact stated that, in light of the failure to consider all 
the evidence of record, a remand would be required.  The 
Board agrees.  A remand is required to ensure that this 
evidence has been fully and fairly considered at the RO 
level.”
The remand didnt take long. Instead of the cardio opinion BVA wanted,I got a PA opinion which I quickly knocked down medically and sent my rebuttal to the BVA (and to the PA C & P doctor Too)
I also ordered a real cardio IMO and paid for it.
Before the forensic cardio doc could even begin the IMO I got the BVA decision:
in Part:
  “The weight of the competent evidence is at least in relative equipoise on the questions of whether the Veteran had diabetes during his lifetime that was caused by Agent 
Orange exposure during his Vietnam service, and whether that 
diabetes caused or contributed substantially or materially in 
causing the Veteran's death.” and 

“ORDER

Service connection for the cause of the Veteran's death is 
granted.” April 2009

This decision trumped the prior 1151 DIC award  and rendered to me many more monetary and ancillary  benefits to me.
My long point here is that I should have waived further RO consideration as soon as I realized my VCAA letter was deficient.
I added needless years to this claim by having an illusion that my RO would start reading my evidence  or take me off some s—t list I had been on before,when the OGC awarded my tort.
The 8 years they refused to grant my CUE claim  also proves my point on that and they recently found out that the CUE was  awarded by a different VARO.
I am so glad Carlie posted all the info on the Waiver of Jurisdiction here many times.
I do believe that most R0s never put claimants through the same rigamorale they have put me through but ,if the VA is failing to address your probative evidence, at some point you need to consider the waiver, when the claim  is or will be transferred to the BVA.

I wish even I could attach the waiver to the NOD I am sending tomorrow to my AOJ.
 
The biggest mistake I ever made with VA was NOT filing the waiver!

I still feel like an A-- hole on that critical error I made when the advise was always here at hadit to do that.












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Unfortunately, I submitted a waiver of regional office consideration to the BVA in April 2012 along with a revokation of my POA. All this was in trying to get in front of a VLJ, as I had been waiting with my VSO (DAV) for quite some time. My point is, how many times must I submit that waiver and revokation to the BVA for the same appeal? At one point after I submitted the revokation of POA, Ebenefits listed my POA as none. Now, it list the DAV as my POA, once again. It would seem that it would be against the law to let the DAV have POA again once it has been revoked.

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A formal signed revocation of POA must be sent to both the VARO AOJ you deal with, as well as the POA.

I found that out when I dumped the DAV. I did it by fax with the DAV but they said they couldnt accept a fax as it had no actual signature so I had to send them a letter.

I dont know the answer to your question on the waiver..........

anxious to see how others rely to that here........

Do you have a proof of mailing the waiver?

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"Notice 12-31-12...Does this mean they sent me a SSOC on that day?"

It appears that they did.............I hope you get it soon in the mail.......

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