Writ Of Mandamus

[tssnave]

BroncoVet,

You wrote about a writ of mandamus in another thread. Please start a new thread (or reply to this one) and keep us posted on this topic. If you have already done so, please direct me to it so I can mark it to follow the thread.

-- by BroncoVet Dec 11, 2007 on the C-file, disorganized and in a state of disarray thread --

"Yes, I also got my C file recently. Lo and behold, right in it is a NOD that I filed back in 2004. The VARO has ignored the NOD since 2004, and I checked with an IRIS inquiry..no appeal pending. I filed a writ of mandamus asking the court they take action on it, as my pleas with the VARO have, again, fallen on deaf ears. So far, the judge has required that the VA respond to my complaints within 30 days. It has been almost 2 weeks and I havent heard anything, I will be interested to see what there excuse is."

Thanks,

TS Snave

[Berta]

TS -please keep us informed as to that writ and the ROs reply.

Most writs fail-

but when I filed one and sent copy of it to the RO it did seem to get them going faster- this was over a decade ago-

they (CAVC) denied the Writ because I had not exhausted every administrative procedure- that was correct- your case is different.

If I do not have a decision on a claim I filed in 2003 under the new Bonny V Principi regs they had just posted

in 2003 -by Jan 2008- 5 years in- then I too will file a writ on that claim.

VA promised me a decision twice in writing- that never came and then stated in writing last year -that this claim was on appeal- not true-they never sent me anything to appeal-

My AO claim that they are working on now-when resolved- will render this claim moot-

and this is why maybe they are stalling on it-

A writ must show that a claimant has exhausted all administrative methods to get the claim resolved.

OR that the VA is not taking proper steps to resolve the matter-

Here in NY they dont even read NODs until after a year has passed-but you sure have legit basis for that writ- Congrats-

they are usually denied right off the bat.

Edited December 6, 2007 by Berta

[Pete53]

Alex Humpdrey once explained on Hadit that the VA is not going to allow a Writ to win but it usually causes the VA to make a Decision before the time for the Judge to Order to them so in essence the Writ fails but the Veteran makes the VA act on the claim.

Edited December 6, 2007 by Pete53