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Bradley V. Peake (Statutory Smc (S)

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I do think it is a good idea to use the writ sparingly. After all, using writs to wall paper your walls with will make decorating your home difficult. However, the BVA wont adjuticate a claim that is not "ripe" for appeal. This means it has to be first adjuticated by the RO, the Nod must be filed, and the SOC issued, as well as the I9.

It is the duty of the RO to adjuticate the claim, file the SOC and certify the claim for appeal to the BVA, and to implement the BVA decision.

The Veteran must apply for benefits, file the NOD timely, and respond to the SOC with a completed I9.

The Veteran needs to have a remedy when the RO fails on its part, that is, 1) RO claim adjutication,2) filing the SOC (to include SSOC, if applicable) in response to the timely filed NOD,

3) certifying the appeal to the board, as well as 4) implementing the Board decision. The problem is the whole appeal process stops whenever the VARO fails to do any of these 4 things...regardless of what the VEteran does.

In my humble opinion a Writ is the preferred remedy when ever the VARO fails on one of the 4 above, as the Veteran is entitled to appealate review, by statue, providing he jumps through the applicable hoops.

The Veteran is in between a rock and a hard place when the VARO fails on one of these, as all 4 must be present to give BVA jurisdiction over the claim.

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