Appeals Setting At Ro 3 Years

[RUREADY]

Hello everyone, I have an appeals that's been setting at the RO 3 years now and everyone I call

cant tell me or my attorney why it is still there. So I contacted my congressman for some help

and got a letter from the RO and this is what it said

The file show u revoke DAV on 11-29-11 and change to an Attorney. How ever the system shows the POA

was changed back to DAV on 11-24-12 but there is no VA Form21-22 (Appointment of veteran Service

Organization as Claimant Representative) of record with that date. We have left message for the DAV

representative who submitted it but no response.

Why in the world would they not call me or my Attorney I have not seen or been to DAV in 3 years Just

waiting for a decision and DAV much want the credit for it. At least the Congressman got some attention

and maybe a decision in another 3 years. Thanks RU

[RUREADY]

http://www.hadit.com/vaclaimslibrary/mandamus/mandamusexample001.htm

This is a Mandamus Writ example.

I filed one in 1996.

You just need to type the claimant V Shinseki stuff to the left of the page,type it spaced similiar to this above writ and then in CAPS put

PETITION FOR EXTRAORDINARY RELIEF

IN THE NATURE OF A WRIT OF MANDAMUS

and tell them why you petition the court for Extraordinary Relief, and ask that they waive the filing fee.

(The CAVC web site might have a waiver form for that.)

I knew my writ would be denied by the court but the RO got a copy of it and seemed to get off their thumbs a little when they got it.

The main criteria for a writ is that the claimant has exhausted all means they have had to resolve the issue. The court stated I had not done that yet , as my claim was still in appeal status but I asked for extraordinary relief because my RO couldn't read.

However, I think there is more to this stall then meets the eye. Do you and your lawyer have a copy of your C file?

Is this a Section 1151 claim?

The court,yesterday, denied a mandamus writ:

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01202680795&caseId=79160&dktType=dktPublic

Writs are usually denied . This Writ decision shows how the CAVC views when extraordinary relief is warranted.

Bertha this is not a 1151 claim just a claim with one contention EED but could be a big retro I'm at the point now to try anything

the congressman hadn't call me yet but I have had great success with the congressman inquiry

[RUREADY]

when can I respond

[63SIERRA]

JUST AS I PREDICTED... THEY ARE BLAMING THE "' SYSTEM" .. THATS WHY THEY CREATED " THE SYSTEM"!!!!

They can simply change or input information, to support any lies that they can think of, and its on " file".. no paper file of course, but

its in the '' SYSTEM"..

THIS IS WHAT VETS WILL HAVE TO FIGHT FOR YEARS TO COME.

I bet if you request documentation showing where you re appointed the DAV, they cant or wont produce it. Also get the DAV

on the horn, and let them know that they are being pimped out for blame by VA.

Same thing when u request your c-file, they send you partial, and claim the other files are on electronic files. A perfect reason to withold specific files they want to withold to justify denying the claim.

They know why your requesting your c-file, youve gotten wise, and are " checking" them, they dont want that.

Edited December 15, 2013 by 63SIERRA

[63SIERRA]

ALSO they have evidently convinced the DAV that requesting your c-file will make the earth quit spinning on its axis, because thats a big, no-no with the DAV. How hard can it be for the record clerk at the RO, to go get your paper folder which has a bar code, on it, scan the bar code on the computer, hit copy, then go to the copy machine and get the files, and send them to you. It is called the COVERS system.

When you got to release of information at the va hospital, thay can print and give you your files, in abt 10 minutes flat. So theres no reason the RO s cant copy what they have, without stopping the work on the claims they are doing. its all lies.

I believe the reason they dont want you to request your C-FILE is because they " reconcile" the c-file before they send it to the vet.

In other words, they want what is in the c-file to jive with the current claim or pending claims descisions that they have planned, or already finished. That is the only reason it would " slow your claim down". If they have nothing to hide, why not just print the c-file, and mail it.

Edited December 15, 2013 by 63SIERRA

[63SIERRA]

Heres a perfect example, I requested my wifes C-FILE abt a month back. It was requested a couple months after a C&P exam for a specific claim. In the C -FILE is the request to VES, to set up the exam, the instructions to the dr, on what to check at the exam,

BUT NO EXAM RESULTS, which surely they have. WHY ARE THEY BACKHOLDING THE RESULTS? I believe its because the exam was very much in favor of my wifes claim, and they are not wanting to produce it. It would be provable evidence of A cue claim later on down the line, If I could prove they had it, when they decide the claim.

NOW YOU SEE WHY THEY DONT WANT YOU TO REQUEST YOUR C-FILE,??

Sorry if this got off point, but the more I see how this system works, the more disgusted I get. BARFF. !!!

Edited December 15, 2013 by 63SIERRA

[jbasser]

Here is something you can do.

Write a letter and notify the DAV that you revoked their POA on the date you did it. Ask them why they are still trying to represent you.

After you fired them, legally they cannot represent you and any information they obtained after said date is a HIPPA violation and you may be able to file suit or press charges for interfering. ( Run this by your attorney). I hate to say it but it really happens a lot. If someone bust those idiots then maybe they will gain some type of competency instead of a bunch of incompetent fools. This are no checks or balances or kind of like the wolf in charge of guarding the hen house.