Writ Of Mandamus

[grent]

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

[broncovet]

Wow, Berta, again you have demonstrated superb research.  In case number 13, that you cited, above, this Veteran filed a writ because VA changed the fiduciary without notice to the Veteran.  

The Veteran had asked for the previous POA to be reinstated, and naturally the VA refused to do that.  (The VA seems to balk at anything we ask..they would balk if we asked for a drink of water.)  

The VA, after the Writ, recognized the error and gave the Veteran his request.  The writ was then dismissed.  

Bottom line:  Writs work, even tho they are denied.  

Vets should not have to file a writ.  There should be someone at VA that the veteran can contact to "actually solve a problem" like this.  I remember when Vets could write to the VASEC, or his undersecretary.  Im guessing that has largely gone away.  Now we have to write to the president.  This demonstrates VA has little or no accountability, unless you go to the top.  This is a breakdown in mid level management, who should be fixing these problems.  

[Pete53]

You can find all you need here on Hadit about the Writ and you can always ask questions in the Forum'

'

'

http://www.hadit.com/vaclaimslibrary/mandamus/mandamusexample001.htm

[broncovet]

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.

Edited May 23, 2012 by broncovet

[broncovet]

I will add that filing a writ will take time, and you have to pay $50 to file papers at the CAVC. You can ask for a waiver of these fees if you feel it is a hardship and explain why.

[grent]

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.

thank you

grent

You can find all you need here on Hadit about the Writ and you can always ask questions in the Forum'

'

'

http://www.hadit.com...sexample001.htm

thank you

grent

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.

thank you

grent