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Writ Of Mandamus

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grent

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grent Rising Star

grent

Posted
Posted

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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carlie Grand Master

carlie

Posted
Posted

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.

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Capt. Mentor

Capt.

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Posted

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.

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broncovet Grand Master

broncovet

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Posted (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 by broncovet
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grent Rising Star

grent

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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.

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grent Rising Star

grent

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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

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carlie Grand Master

carlie

Posted
Posted

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.

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