Work In Progress

[BIGPAPA92]

After two weeks I finally got in contact with my American Legion Rep at the AMC. He said that my seven year old IU claim (two years at the AMC) is work in progress. Has anyone ever heard of this status? I ask if this ment I should hear something in about 30 days and he said " no, probably longer". My question is has anyone ever heard of this work in progress status before or do i need to do a writ or should I notify my state congressman or notify the news media. Any and all ideas will greatly appreciated.

BIGPAPA92

[Vike17]

When your SO said "work in progress," he wasn't saying this is actually an official status of a claim so to speak. He was probably just trying to tell you they were working on it in some capacity.

With regard to writing a Writ of Mandamus, the simple passage of time is not a cause for the Court to issue one. They very rarely issue these anyways. One thing to consider is you might want to make an inquiry to the VA and let them know that your claim/appeal has been pending for x number of years and if the VA doesn't get off of square one, you'll file a Writ with the Court. This may get your appeal going again!

Vike 17

[Pete53]

Vike:

I disagree. Alex Humpfreys uses a Writ of Mandamus after the claim has sat for 1 and 1/2 years with good success. Over the years several here on Hadit have used the Writ and got good results. The truth is that the VA will start moving as Court Deadlines to respond come up.

Alex has mentioned that he uses a planned approach of first notifying the VA that he intends to seek the Writ if no response in 30 days. He lists why he is seeking the Writ in the initial letter, he follows up with a second warning and than files the Writ. He also warns that if you file the writ the VA may act in a way you are not expecting or hoping for also.

It is starting to look like the AMC is just another holding area for claims and the best that can be expected is another remand to the VARO where the claim started.

The following is an example of how a Writ of Mandamus worked.

http://www.vva.org/veteran/0207/offshore.html

What happens is that the VA will usually cave at the last moment before the Writ is issued by the Court if the claim has merit.

Good Luck and I hope that we can have a good discussion on this issue.

[Vike17]

Pete,

Like I said in my previuos post, by telling VA that you're are going to file for a Writ at the Court will probably in all likelyhood get VA off of square one with a claim or an appeal that has been pending for a while!. However, The Court very rarely ever actaully grants one of these things. Just go to the Court's website and see for your self. I think from 1997 through 2006, the Court only granted one out of hundreds!

http://www.vetapp.uscourts.gov/documents/Annual_Reports.pdf

Just because you have told VA you're going to file for one, doesn't mean that one has been actuall filed and granted by the Court!

Vike

Edited July 11, 2007 by Vike17

[Berta]

Pete- my Writ in 1997 was denied by the court-

I hope you didnt think I was successful at the COVA level- but my claim was decided months later at the RO. I sent them a copy of the writ.

My pending writ- regards a claim that RO promised me an administrative decision on- twice- since filing this claim Jan 2003.(not my AO death claim issue)in writing.

4 1/2 years is a long time to wait for that administrative decision.

If I need to file this writ (my pending decisions will reveal if I do have to)

I have evidence to show the court that I did all I could to mitigate the need for a writ.

To include corresponce to and from Office of General Counsel.

The claimant must "exhaust" all administrative means possible before the court will grant Mandamus writ.

By sending a writ with CC to the RO however- shows the RO you know VA case law and will try anything to get a decision.

Edited July 11, 2007 by Berta

[Pete53]

The first and best example that I recall was Tommy Mercer who no longer posts on Hadit but had an anuerism an was almost killed by VA Medical Malpractice. I remember several who filed the writs and were awarded claims before the VA's deadline to respond came down.

My point is until the VA was put under pressure that a Writ might be filed they sat on their collective asses.

While I agree with you Vike that the VA has seldom lost on a Writ they have folded and finished the claim in many times that would not be apparent to anyone but the Veteran who won.

I did not win my claim by filing a Writ I wish I had known about them. I forced the issue by demanding and getting a hearing after my claim sat for years waiting for the BVA to act.

There is absolutely no excuse that is valid to me that the VA should be able to sit on claims for years.