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Writ Of Mandamus


Question

HI

CAN ANYONE IN THE FORUM SHOW ME WHAT THE HEADER LOOKS LIKE OR HOW TO JUST COPY OR TYPE UP A WRIT OF MANDAMUS

IS THEIR A LINK TO GO TO THAT SHOWS WHAT IT SUPPOSED TO LOOK LIKE?

IS IT EASEY TO DO??

SHOULD I SEND IT RETURN RECEIPT GREEN CARD

MEMORIAL DAY IS MONDAY?

THANKS

GT

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Go to decision # 13 here , that recently denied Writ should give some insight https://www.uscourts.cavc.gov/recent_decisions.php The court rules should be to the left  and make sure you put

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On 5/23/2012 at 11:27 AM, broncovet said:

I can help as I filed a writ. Before you begin, file a Notice of Intent, something like this:

 

 

The Veteran, Joe Smity, hereby gives notice of intent to File a Writ of Mandamus demanding the VARO in City, State, act on the Veterans pending claims including TDIU, which has been delayed and not acted upon for at least 5 years 2 months. Some of the Veterans other claims, such as claims for ........., have also gone on for years without an appropriate decision from the VARO.

The Veteran's claim for increase in disability due ........., and TDIU were informally filed on a medical exam and ignored by the VARO decisions of date and date The Veteran charges that by ignoring these claims, the VARO not only committed CUE but “broke the promise” of the letter sent by the VARO on date of VCAA letter. In the said letter (Referenced by ), the VA promised on page 2..........

 

In a nutshell, give your reasons for filing a writ. Explain that you have tried repeatedly to resolve

the issue, but the RO has not taken appropriate action in .....years. An example of a reason for filing a writ is to compel

the RO to comply with regulations, when they have failed to do so.

IF you file an "Intent to file a Writ", the CAVC will likely order the RO to "answer" your writ. They did in my case. If you skip this, however, your writ may not accomplish its purpose to compel the RO to take action on your claim.

 

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You mentioned to file a Notice of Intent to file a writ of Mandamus first before actually going in to the process of actually filing the writ. So the Notice of Intent to file for a Writ of Mandamus will have to be address to the Veterans Court of Appeals? After this filing, how long do we have to wait before we actually go in to actual filing of the writ/

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A writ is pretty much a last resort, after you have tried all other legal means.  If you can appeal, then do that instead.  

I filed a Writ because VA shredded my key evidence, then processed my claim "as if" the shredded information was never there, denying it ever existed.  The VARO/BVA decisions were correct...IF you assume that the evidence they shredded never existed.  However, I had copies...."stamped" by the VARO, so VA could hardly deny they existed.  Still they persisted, even after I submitted "new and material evidence" that my "new evidence" did not exist.  

My writ was to "compel the VARO to consider" my resubmitted evidence, and render a decision "as if" it was submitted on the date stamped by the VARO.  

I filed (with the VARO, not the Court) an "Intent to file a Writ of mandamus" about 90 days prior to filing the one with the court.  The court does not want to be the VARO's babysitter, so if you didnt bother to bring the problem to the VARO's attention, then the court does not want to hear about it, and will dismiss the writ.  

Make no mistake.  They will dismiss the writ anyway.  You need to expect that.  But, if the judge "buys" the writ, they will order the VARO to "respond" to the allegations of the Veteran/claimant.  

This is what happened:  The judge ordered the VARO to "respond" to the allegations in my writ.  

The VARO DID respond.  Basically, they said something close to:

"Gee, your honor.  I dont know what this Veteran is so upset about.  We have that (disputed) evidence in his file.  And, we are considering it, too.  While we certainly apologize for this to take 9 years, there really is no time limit for us to complete the claim."   (They then cited a CAVC precedent decsion where VA explained that "every claim is different" so no time limit can be put on them..this would be an injustice to Veterans.blah, blah, blah)  

     The VARO then promised to "reopen" and readjuticate the claim while considering the evidence in dispute.  

     The CAVC was satisfied and dismissed my Writ of mandamus.  Within 90 days, I received an award letter from the VARO with a 100 percent P and T award.  This was a huge win for me, as I was at 40 percent.  There is no doubt in my mind that the VARO would still have me at 40 percent, and just plain forgotten about my new evidence, had I not filed a writ.  

     Alex Graham has also filed "at least one" writ of mandamus.  

     

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While you're doing all of the above, consider this, are you really qualified to handle this Writ Filing?

Take a look at VA Lawyer, Hadit member, Chris Attig's article on Filing a Writ of Mandamus. Now things may have changed since he wrote the article, but this isn't the time for a Crap Shoot. He opined that the CAVC only grants a "Handful of Writ Requests" and careful consideration by you or your Rep in preparing the Writ is essential. No thoughts or feelings, and all other RO and BVA avenues must be exhausted.

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