Thanks Tbird and Pete, your suggestions are appreciated. I probably will wait a while before posting the writ, as Tbird suggested. However, if anyone out there is so, so, frustrated, and thinks a writ may work for them, they may email me and I will try to send it to them personally.ASAP, before I know whether or not it worked.
I did talk to the clerk at the CAVC yesterday. (You file a writ through the Court of Veterans Claims, not the Regional Office) He said that the filing fee for a writ is $50 BUT he says it is waived for pretty much anyone who asks that it be waived. That is, if you think you can afford the $50, pay it, but if you think you cant, ask that it be waived. AS was already mentioned, if you are considering a writ, the VERY First thing you do is order a copy of your Cfile if you dont already have it. (It may take some time, it took over 6 months for me to get my Cfile) You ask for a copy of your Cfile, in writing at your VARO. It may help to cite the freedom of Information act, even tho I did not.
Then, if you are filing the writ yourself (that is, without an attorney), as about 70% of the Writs, you need to do your homework: Research similar cases as yours at the CAVC. Especially important are
Precedent cases. Hadit has great stuff on important cases. Precedent Opinions, issued by the General Counsel, are good too, but make sure that they havent been superseeded..that is, a newer Precedent opinion has been issued that pretty much nullifies superseded precedent opinions. It will say, on the opinion, if it was superseded or not.
Now, on the WHEN to file a writ. IMHO , you should consider a Writ when everything else failed and you can document that your Regional Office (or BVA) violated policies and regulations. Remember, you may have to really LOOK for those Regulations they violated in delaying/denying your claim. If you are considering a CUE claim, or an appeal, file those first, instead of the Writ. And, as was already suggested, write the VARO and send them notice of impending writ, as I did. I will update you with some "juicy" case law that is often helpfull to Veterans. I think a lot of times the Regional Office develops the Veterans claim to a MINIMUM, so they can pay less. They can not do that, according to the following case:
VA is ˜to fully and sympathetically develop the veterans claim to its optimum before
deciding it on its merits."
Roberson, 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998))