Legal Beagles-

[Berta]

http://webisys.vetapp.gov/isysquery/irld967/17/doc

"O R D E R

Note: Pursuant to U.S. Vet. App. R. 30(a),

this action may not be cited as precedent.

On March 20, 2006, Dennis Morgan, through counsel, filed a petition

for extraordinary relief in the nature of a writ of mandamus. The petitioner requested that the Court issue a writ ordering VA to stop seeking medical records, and requesting an immediate VA examination. Petition at 6. On May 2, 2006, the Court denied the petition, citing VA's

discretion to develop evidence with respect to claims. On May 18, 2006, the petitioner filed a motion for reconsideration of the denial of the March 20, 2006 petition. In this motion, the petitioner claims that VA is

unreasonably delaying development and adjudication of his claim, stating that no attempts to develop the petitioner's claim have been undertaken by VA. Motion (Mot.) at 2. The petitioner fails to identify, and the Court does not discern, any points of law or fact properly before the single judge that were overlooked or misunderstood.

However, this motion for reconsideration raises a novel argument, namely, that VA is unreasonably delaying development and adjudication of his claim. Therefore, the Court will construe this argument as a new petition, and by this order will instruct the Clerk of the Court to docket the matter as a new petition and assign a new docket number.

On consideration of the foregoing, it is

ORDERED that the motion for reconsideration is DENIED without prejudice."

DATED: June 9, 2006 BY THE COURT:

MARY J. SCHOELEN

Judge

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In this case- had the Veteran 'identified' any points of law of fact- (like -it looks like they didnt want to give him a C & P and he probably didnt get a VCAA Notice) does anyone have a take on what Judge Scholen might have decided in that case?

Writs of Mandamus are most often denied by the court -however -if the VA gets a copy , they seem to react- at least they did in my case in the 1990sand in Terry's case too.

[john999]

Only a veteran who has had experience with the VA delay machine could understand why someone would go to court to stop the VA from holding up a claim by searching for medical records. I understand it.