grent Posted June 10, 2012 Share Posted June 10, 2012 1 filed writ no answer 2 called BVA 3 They say they didnt get it can had it forum show me how to do writ of madamus again WOW --- FRUSTRATING IS AN UNDER STAEMENT TO SAY THE LEAST!! THIS TIME I PLAN ON GOING GREEN CARD RETURN RECEIPT TO BVA. Thanks for helping me. thx GRT Link to comment Share on other sites More sharing options...
carlie Posted June 12, 2012 Share Posted June 12, 2012 I think, since you have a lawyer, Sometimes it's hard for me to keep up - I did not realize he had a lawyer - due to that I would still do what I posted earlier but would add that - I WOULD NOT SUBMIT ANYTHING WITHOUT GOING THRU MY LAWYER AND I WOULD NOT TRY TO BY-PASS MY LAWYER, IN ANY WAY. JMHO Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
Capt. Posted June 12, 2012 Share Posted June 12, 2012 Grent,,,,if you have a lawyer ditto on Carlie.......it will cause you huge problems later.......... check first with the lawyer . It would not hurt to ask your lawyer the points made by Berta and Carlie but follow that legal advise in the end .....especially if you are seeing some progress and a sound battle plan your lawyer has laid out. Fiduciary responsibility is on your side and your lawyers. NEVER GIVE UP. God Bless, C.C. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted June 13, 2012 Moderator Share Posted June 13, 2012 (edited) You have been given good advice. The BVA is working on 2009 docketed cases, according to my national DAV rep who is handling my BVA appeal. My appeal is docketed in 2009, so it may happen this year. The RO has a habit of "sitting on" your case to the BVA for two years before they even send it. If you hire a lawyer, then go behind his back and file papers, dont be suprised if you dont get a good result. Make up your mind about your lawyer. Either let him do his job, or fire him. Dont try to do it for him. Edited June 13, 2012 by broncovet Link to comment Share on other sites More sharing options...
grent Posted June 13, 2012 Author Share Posted June 13, 2012 A writ of Mandamus must be filed with the CAVC...... not the BVA. I posted an entire template here as to how to prepare the legal filing for the court and there is significant info available under a search for Writ of Mandamus here Then search under Stratford to read the only Mandamus writ granted by the court in many many years. I found ten pages regarding mandamus at hadit and more on Stratford but I sure dont have the time to post all those links here. Why did you file the writ at the BVA???????? Because i have not been to the BVA yet my case is waiting to go to the BVA . I thought if your case is dragging before you get to the BVA you can file a writ of mandamus to get it going also--- also___ i would like to know can the VARO who has my claim still decide to settle my case rather than send it to the BVA?? Form 9 has been completed and green card return receipt filed so that i have done. Link to comment Share on other sites More sharing options...
grent Posted June 15, 2012 Author Share Posted June 15, 2012 Sometimes it's hard for me to keep up - I did not realize he had a lawyer - due to that I would still do what I posted earlier but would add that - I WOULD NOT SUBMIT ANYTHING WITHOUT GOING THRU MY LAWYER AND I WOULD NOT TRY TO BY-PASS MY LAWYER, IN ANY WAY. JMHO ill tel ya its tough besides my BVA claim i have multiple claims in for SMC as well. I take serious pain meds . I wonder if i should not put in for chronic pain syndrome at this point or if that will hold up my BVA claim even further. Can the VARO still decide to just pay off my retro claim or that aint happening?? thx grt Link to comment Share on other sites More sharing options...
carlie Posted June 15, 2012 Share Posted June 15, 2012 grent, Is your current evaluation for SC at "none" or 100 percent? Please update your profile as this gets very confusing. Thanks Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
Question
grent
1 filed writ no answer
2 called BVA
3 They say they didnt get it
can had it forum show me how to do writ of madamus again
WOW --- FRUSTRATING IS AN UNDER STAEMENT TO SAY THE LEAST!!
THIS TIME I PLAN ON GOING GREEN CARD RETURN RECEIPT TO BVA.
Thanks for helping me.
thx
GRT
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