Term: Writ Of Mandamus

[allan]

Term: Writ of Mandamus

Definition: A writ of mandamus is an order issued by a court to compel an agency to act on a decision that has been unreasonably withheld. It is used in the VA context when the VA simply does nothing on a claim after you have asked that it be decided. It cannot be used to compel a particular result -- say, service connection -- only that the VA go up or down on it.

[broncovet]

Allan

I might add that a Veterans writ of manadamus is filed by the Veteran or his representative before the Court of Vetrans Claims (CAVC). Additionally, it is recommended that Veterans file an "Intent to file a writ" prior to actually filing the writ. The logic here is that, once the intent to file a writ is given, the RO is put on notice that the Veteran is not putting up with it anymore, and gives the RO an opportunity to resolve the issue OUTSIDE of the Court.

It is sort of like a bill collector suing you when he never even sent you a bill. If you never were sent a bill, how are you supposed to even know the money is owed? The bill collector is required to give the guy who owes the money ample opportunity to pay the bill and resolve the issue, and not to use the court as a collection agency until/unless the bill payer refuses to pay.

If every bill went through the court system, can you see how it would clog it up and make it impossible for others? In a similar way, you need to give the RO one final opportunity to resolve your issue, before you file a writ. If you dont, it will "weaken" your writ.

[broncovet]

Also a writ is used when other remedies have failed. In other words if you could have appealed through the BVA instead, then you should do that, and not file a writ. A writ may be appropriate when the VA "bounces" your claim back from the BVA to the AMC to the RO, back to the BVA, etc., and you never get a successful resolution, you just get put on the hamspter wheel for 10 years.

I filed a writ, and I found out the court pretty much rubber stamps them "denied". However, the court makes the RO respond to the writ. Their response can be very valuable in future appeals, and sends out a message that you are not going to be crapped on anymore. As someone once said, "Its the squeaky wheel that gets the grease".

If you are a quiet, never complain, kind of a guy who does not/ will not file a NOD, then the benefits you deserve will likely go to someone who stands up and "squeaks" for his rights.

It is an unfair system. A Veteran with severe SC disabilities applies, is denied, and does not appeal wont get anywhere. However, a Veteran, even with lesser disabilities, who applies, is denied, appeals, is denied again, appeals again, is denied again and appeals again is much more likely to win benefits. It is the Va method of rationing benefits.

Veterans benefits are not awarded on the basis of how severe your disability is, but rather on your determiniation and unwillingness to give up.

[Pete53]

All a Writ does if the Plaintiff makes an appropriate motion the Judge will order the VA to do its job. Most Writs never get that far as it makes the VA get off the dime and make a decision.

Alex Humpfrey used to write a letter requesting that the VA finish its work and ask for a decison withing 30 days. He would follow up and ask for 15. In both letters he would tell the VA he planned to file a Writ of Mandamus if the VA failed.

Once filed the VA will ask for more time he would usually give them extra 30 days and than say no more time. The VA always came back before being compelled by the Judge.

I think it may be time to petition someone like Bob Woodruff of ABC News to bring out the VA's dirty laundry and show America how bad they really are doing.

[Jayg]

All a Writ does if the Plaintiff makes an appropriate motion the Judge will order the VA to do its job. Most Writs never get that far as it makes the VA get off the dime and make a decision.

Alex Humpfrey used to write a letter requesting that the VA finish its work and ask for a decision withing 30 days. He would follow up and ask for 15. In both letters he would tell the VA he planned to file a Writ of Mandamus if the VA failed.

Once filed the VA will ask for more time he would usually give them extra 30 days and than say no more time. The VA always came back before being compelled by the Judge.

I think it may be time to petition someone like Bob Woodruff of ABC News to bring out the VA's dirty laundry and show America how bad they really are doing.

Ok, a little help here please. I am not ezactly sure of my appleal's status, where it is, or what it is. You know, BVA, CVA all those things. Ok, I know it's not at a 'court.'

Some background...

I was denied in Jan/08. I filed an NOD and they denied again with an SSoC in March/08. So I filed again with new evidence. Then my file went to a rater, sat there for the legal limit and got passed to another rater,... I think they did this 3 times. I received a DRO hearing in March/09, and now I am waiting again.

No decision since 3/08. Or rather there was one with a "substantial award" and I was going to be "very, very happy" with it. But it had to be reviewed by a supervisor for "substantial awards" and he/she/it sent it back for "more development." So now I'm waiting again... :D

thanks

Edited October 24, 2009 by Jayg