I Refuse

[Berta]

I just did it and I regret I did-

some of us here I think-are getting a little ticked at this-

read the past posts-

I simply am not going to answer anyones question again-if I already did.

it can be found in the search feature.

Not mad at anyone just that we are volunteers here doing our best-

I dont do any hand holding and have limited time for this forum.

[free_spirit_etc]

Wow! That's a tough one. I know Pete says it can be a very good way to get some movement on a case. And Berta posted some very helpful info on them:

http://www.hadit.com/forums/lofiversion/in...php/t10047.html

QUOTING BERTA

"My long point is -a Writ of Mandamus has nothing to do with merits of a claim or evidence.

Writs can compel to VA to take steps that the claimant has exhausted in attempting to get a decision.

(Snyder V Gober, Bates V. Nicholson.)

Writs can also force VA to comply with expeditious treatment .(Vargas V Gonzales V Principi)

The format at the CAVC web site must be followed in preparing a writ.

You must tell the court what steps you have taken to rectify the problem.

Your argument must be "compelling" Erspamer V. Derwinski

Your argument must be based on establlished VA case law- (Bates V. Nicholson -forcing the RO to issue a SOC)

You must have exhausted all other avenues of rectifying the situation and be able to prove to the court what steps you have taken.

The writ should be short and to the point.

I suggest to anyone considering this action to purchase the VBM and read carefully their info on Writs.

Or go to the CAVC web site and read Writs there.

99 % of these writs fails- yet if they are preared properly they can get the RO to move.

Send a copy of the writ to the RO also."

And I saw a couple of examples - and they look pretty intense.

I am assuming though (and I haven't checked it out) -- that once you file one - you have to be ready to go to court - in case the VA decides to fight the Writ in Court.

My first instinct would be to suggest that if you want to file one - having an attorney file it might be a good idea if you can afford it.

The major reason I say this is that it seems that a lot of the power of the Writ is in the VA moving on your case because of it, more than that they move because the court ordered them to - that the actual filing of the Writ is what often gets the movement. (And I am not sure I am even right on that).

Since the VA has been jerking you around for such a long time - if you filed a Writ pro se (without an attorney) - the VA might be more prone to fight the Writ in Court, rather than move on your case. In that case, I would think you would have to be prepared to represent yourself in Court, or hire an attorney. And this wouldn't be about the evidence for your claim - but a legal argument to compel action.

I know you have been interested in this subject for awhile. And I certainly don't want to discourage you. And I haven't researched it enough to know what I am really talking about -- so I might be way off base. I was just giving you some of my initial thoughts of what filing a Writ might entail (besides actually writing it.)

I guess the attorney decision would be kind of like the IMO discussion. You would have to decide how much an attorney would be able to benefit you - and decide if it is worth the cost. (They CAN ask for attorney fees to be awarded also).

My thought was just that possibly - if the Writ was filed by an attorney - the VA might be more compelled to move on your case before it was scheduled to be heard in court. But if you file it pro se - they might be more compelled to try to fight it on technicalities.

Is it doable? Of course.

Will it be easy? Maybe not.

I don't even remember how long your claim has been stuck in VA limbo.

Free

Free,

I have been to the Search on Hadit for "Writ of Mandamus".

Do you have any suggestions on how to write one.

Check out the example on the search site and see if we can pull this one off.

Comments welcome

Josephine

[Berta]

No not you at all Free!-

I regret I even put this post topic here because all I have to do is just ignore these posts.

There is a widow here sometimes who posted at countless web sites months ago regarding her husband's death.

Many tried to help her at the ALLVETS site where I am member too-

Her issues are very involved and she feels the VA committed malpractice.

I -as well as many others- have given her links to IMO doctors as well as malpractice law firms-

it is too involved for her to handle herself as both VA and private hospitals are involved in what she claims was malpractice causing his death.

I even talked on line to one of the firms a little about the basis of her claim--the firm has an interactive on line chat-of course they wanted to hear from her and she said she would contact them right away-she didnt-

she has failed to heed the advise of many-not just me and her time is running out to file the initial SF 95.

Many if us give advise that comes from our personal experience as well as knowing any VA legalize that claimants need.

I realise that sometimes claimants don't really want to follow what we suggest.

Thats OK--- but why wait a few weeks and come back here and ask for the same help all over again.

or in the case of the vet here I referred to-

they acted like no one is helping them-and many guests in hyperspace see that-

yet all they have to do is read the replies their post got already.They did get good advise.

We have lost some good members who simply got burned out- those were the days where we had to post pur email addy and many here could get our phone numbers.

At some point all that for many of us just interfered with our lives too much.I almost left many times after getting phone calls in the middle of the night from members here in a different time zone.Not once- but many times.

Edited July 15, 2007 by Berta

[Josephine]

Berta,

Please accept my apolegy for asking the same question more than once.

I guess I just can't figure things out anymore.

I am not sure, but I don't think that I ask questions anymore.

I only chime in when asked.

I know that I am not even fighting a claim anymore. In my mind, I am fighting a principal.

I am fighting the lies of two Psychiarist sitting on their Axx at the VAMC.

If there was any truth to the C&P, I would accept it and go on, but I cannot allow them to speak of me in the nature that they did.

Sorry,

Josephine

[Pete53]

I would like to clear something up. This is my philosophy and if I mispeak anyone can chime in with their two cents.

The Forum is so that Veterans and Family can ask questions and hopefully get some good answers and a way to deal with their claims to save time, energy, worry and yes money. If a Member does not understand something ask questions cause this also helps the people who read this Board and never Post.

There are many contributors to this Board and all are appreciated. If I am cranky or out of sorts I try and let others step in and answer.

I hate to see a question not answered so sometimes I will just reply and hope that it bumps the thread so someone else will answer.

As far as me saying that I wish that people would post to existing thread and not starting a new thread to answer a question I was out of line. If you are not that familiar with internet than post anyway and someone will straighten it out.

Blessed are they who question and Post on Hadit cause they are helping more than they know.