Reasonable Time To Wait Before Filing A Second Writ Of Mandamus?

[vaf]

I filed a Writ of Mandamus request with the Court in April 2008, against the Appeals Management Center, to force a decision on a remand that had been kicked around the VARO between 2001 to 2005, and then to the AMC from 2005 until we filed the Writ. OK, we achieved our purpose, we received an SSOC from the AMC, which was then returned to the Board. We disagreed with that decision, sent our response to the AMC and copied the Board. That was five months ago. We IRIS'ed the Board to get the status, but was told they could not tell us the status, that cases are taken in the order in which they're received (we had a docket number from 2001, so we know this isn't true).

How long is a reasonable amount of time to wait before I file another Writ request with the Court, this time against the Board?

[Berta]

I am helping a lawyer at the CAVC and luckily his client just got a remand-

it was the only way that this veteran could still possibly save his case.

The US CAVC accepts no additional evidence. Their prime purpose is to see if the BVA erred in any way to the detriment of the veteran.

I hope all vets and widows realise that CAVC does not consider any new evidence.

If the BVA has erred to the claimant's detriment then the CAVC will remand and this will perhaps allow additional evidence to come in.

In the above case I found two potential BVA errors and so did the lawyer.

The problem with the remand is that the veteran still might not be able to provide additional evidence on remand.The VA can correct the BVA errors but

only the veteran can provide proof of his nexus.It is a nexus he might not be able to prove at all-long story-

He claims AO exposure due to mechanical MOS contact with some low level intellegence types of fixed wing air craft that he claims sprayed AO in Vietnam.

These airplanes were never used for spraying or transporting AO. They are too small.

I dont know how-even with the remand he will be able to prove his case,

[Pete53]

The VA will never lose a Writ of Mandamus case cause they will always comply before the Judge sanctions them. That is their track record but I have seen quite a few claims get the answer shgortly after a Writ and the VA will ask for more time. If you have a Writ don't ok any more time its a ploy by the VARO.

[broncovet]

VAF..

I am certainly "with ya" and understand your frustration BECAUSE I HAVE BEEN THERE!! That being said, it is probably unrealistic to expect an answer on an appeal filed Nov. 08. Appeals take a year or so..and I dont blame you a bit for watching them like a hawk, or they will again put your claim in la la land for another 8 years. It is shamefull to treat Vets that way.

That being said, my recommendation for about the next six months or so would be patience. However, I would definately not wait another 8 years, but a year to 18 months is normal for an appeal, so I would be patient until then.

In economics we call the concept "the law of diminishing returns". My econ prof explained this concept this way. He said if you have a BiG Mac, you would probably enjoy it x amount. Your second Big Mac would likely be a little bit less enjoyable. If you consumed, say, 14 Big Macs at one time, it is likely the enjoyment of the 15th one would be MUCH less..and probably even negative.

I think the law of diminishing returns could well occur with Writs as well. I understand some of those criminals file one lawsuit against the prison about every month. Needless to say, the Judge probably doesnt really consider the 3rd, or 4th, or 44th lawsuit.

I hope this helps a VEt.