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Writ Of Mandamus

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grent

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  • HadIt.com Elder

Berta put it pretty well but Hadit has lots on Writ if you search for it.

Sorry about the spelling I am tired and not going to fix it.

Pete

Veterans deserve real choice for their health care.

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Personally in this case I would put some pressure on the lawyer before filing a Writ.

Also this s from a prior post I made to someone:

"Posted 25 August 2008 - 10:37 AM

BVA has put more people on their ombudsman staff-

their new number is 1-202-461-8069

and their email is still the same bvaoombudsman@va.gov "

It is possible that the BVA has the file by now.

When the VARO sends s a letter indicating potential transfer to the BVA, much can happen before the records get there.

I was thrilled when I was told my CUE was being transferred to the BVA last year.

But it wasn't transferred. It is being considered under Nehmer.

I Used IRIS to find that out as the VARO never told me it was not transferred.

Another thing-

Before a file gets physically sent to the BVA a I-8 must be prepared as well as a 646.

I am concerned here as to the 646 as this might be the hold up.

The 646 is a form used by your POA.

Is the DAV or some other org listed as POA on the potential transferred claim or is the lawyer?

Only one entity can hold POA on a claim and maybe this is the problem.

It took my former POA a lot of stalling the last time I had something to be transferred to the BVA.

I think the POA hemmed and hawwed deliberately -as the RO had made some critical errors regarding that claim and the POA knew it.It took months for the POA to prepare a 646 form to get it transferred.

Have you used IRIS for a status?

If you ask IRIS you should ask them to verify who is listed as holding your POA on the transfer to double check if that is correct.

If I were you ,before even attempting to file a Writ- I would first contact IRIS for a status of the claim (ask for email orsnail mail reply instead of phone call so you have documentation of what they state) and then contact the lawyer again by phone, email or snail mail.

My advise in the link hasn't changed- every administrative remedy must be attempted before asking for the writ.

Whether my writ helped in 1998 or not I don't know. My claim was resolved after I filed it.But it was resolved due to overwhelming evidence that VA had ignored for years.

The good part of filing it was I heard from many lawyers who got my contact info from the CAVC docket.

But they were not happy to learn this was a Mandamus writ yet after hearing a little about my claim, a few said said they would rep me at the court if the claim ever got there.

If your lawyer is unresponsive to you- time to dump them and get a better lawyer.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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http://www.va.gov/vaforms/va/pdf/VA646.pdf

If these are prepared by any rep or VSO on your POA, they put a copy of the filled out form in your POA file.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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