Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Advertise Here contact us

  • 0

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

Link to post
Share on other sites
  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

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

Recommended Posts

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

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Similar Content

    • By Sgt. Creech
      Hey all, 
      In December 2019, I received a decision for my appeal to be remanded back to my regional office. I was scheduled appointments there after and in march of this year I called to check on the status of my claim and I was informed that my file is awaiting review for a decision. my question is how long does this process take... I'm getting tired of fight the VA I have been at this sense 2011!!!!
    • By hemipepsis5p
      Hello all!

      So the long and short of my story is that I have bipolar disorder. My doctor checked 100% service-connected (diathesis-stress theory and all). I can't drive after 7pm and try not to drive after 6:00pm due to medication side effects (clumsiness from Seroquel and confusion from Lamictal). In the last 2 years, I have probably driven after 7pm about 10-15 times. I tried switching to Vraylar and it was gosh-awful. I mean, you know, people here know. The worst... Anyway, I have failed out of school for the last 4 semesters despite being of average smarts. I have lost 2 very good friends due to my manic states (one was my best friend for 8 years, the other was my 2nd best Army buddy). During the Winter I am usually totally "combat ineffective", as in I can barely leave the house, and do laundry every 3 weeks (instead of every week) and shower every 3 days. I also go for groceries probably every 5 weeks instead of every 3. 

      I am submitting my claim through the DAV and my doctor has checked off deficiencies in: "work, school, family relations, thinking, mood" on one of their special forms.

      Anyway, I know, it's just a lot of wah, wah, wah on my part (and I'm sorry to the vets who are straight-up paralyzed), and don't get me wrong, I am very lucky to not be a Vietnam vet who has been wronged, or a vet who has lost both both arms... but, can anyone guess what my rating will be? I will not hold it againstanyone even remotely. My C&P exam is on Wednesday and I am pretty anxious. I expect to hear my rating in about 3 months.
      I think I will be placed at 70%. Any "wake up calls" or advice is welcome.

      Best regards,
      Hemi
    • By bluelotus
      Gotta few questions:

      What does this mean? I have not received any compensation thus far...


    • By grent
      I WOULD LIKE TO KNOW IF A FILE THATS WAITING FOR A BVA HEARING

      CAN THE LOCAL VA THE LOCAL VARO CHANGE THEIR MIND AND PAY THE CLAIM FOR THE RETRO

      OR

      ONCE YOUR HEADED TO THE BVA YOUR NOT COMING BACK TO THE VARO UNTIL AFTER THE BVA??


      THOUGHT I HEARD OR SAW A POST HERE THAT A LOCAL VARO RE CALLED THE FILE FROM THE BVA

      AND PAID THE CLAIM

      ANY TRUTH TO THAT??

      THANKS
    • By JON
      IF A VET IS 100% P AND T SCHEDULER WILL VA OUTPATIENT DENTAL PAY FOR DENTAL IMPLANTS.

      HAS ANYONE HAD THIS SERVICE PROVIDED TO THEM??
  • Ads

  • Our picks

    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 7 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines