Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Writ Of Mandamus

Rate this question


grent

Question

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

  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

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

okay will call my lawyer see if i can find anything out. What happens if i die?? My lawyer gets nothing right? and I wind up getting nothing either right!!

also what if i my private doctor sez yes for a wheel chair and VA ortho says no. Do i still get clothing allowance.

I have a bunch of IMO from Bash and the VA still denies denies denies. Man they r something else!! What an industry they are.

I wish Linda Bilmes would oust Shinseki. i doubt the FED would let her take the helm of the VA..

Ya know I'm going to be dead before i ever get docketted to the BVA.

4 years come and gone !! Makes me think of that song "in the wink of an eye a cadillac sedan passed us by".

OUTTA Sight man is all i can say. VA is truly outta sight!!!

I have seen so many vets throw chairs in the waiting room at VARO staff i dont even go to the local VARO anymore !! Always fights in the DAV room every time i go their. I just stay away completely now from the VARO and the VA hospitals . all the time i see the FED police breaking up fights at VA and DAV claims offices. I know in my area its got so bad the DAV has resorted to vets making appointments theirs no more walk in service at DAV and the VA in my area has followed suit as well.

you have to make an appointment and the VA door is always locked! The DAV and the VA will not open the door unless it is your appointment day!!

Not worth me getting upset.

Well ill just keep sitting here for the rest of my life. I think one vet told me if you have a BVA claim get a good TV set plenty of movies and as many movie channels as you can and try to stay alive as long as you can. Alive your a liability to them. If you die they win you lose. I dont know if thats true or not.

What a sad situtation this country is truly in. I may have to declare bankruptcy while this goes on. Their goes my credit for the next seven years.

One final question how long can this go on for like 12, 20, 30 years is their a limit on this or am i looking at " ODD IN FIN NIGH -TUM. " ????

i dont get mad i just keep my ears eyes honed inn and hope my case gets heard soon .

Kinda funny when i signed with the lawyer they said dont worry these cases usually get heard within 4 years >> ha ha.

Uh huh yeah okay and i can make the dead rise.

I noticed in the news paper it said more and more new vets are opening multiple claims and the VA is getting more bogged down!!

Sorry for the long post.

Link to comment
Share on other sites

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????????

okay i will not file writ of mand for right now will try to contact my lawyer and see if they can get my case going.

I dont want to go behing my lawyer and file a writ to the BVA without asking him.

Im not mad Im just worried really worried not about my credit But what happens if i die ???

Im not worried about dying but what happens to my BVA claim??

Thats what im worried about. This has really put a strain on my life..

See i feel as long as your at the VARO level you have a certain amount of control over the situation. Once a form 9 has been filed your headed into "No mans land." The BVA or this AMC place.

Thats my thinking on my situation i e pending BVA issues

Link to comment
Share on other sites

okay i will not file writ of mand for right now will try to contact my lawyer and see if they can get my case going.

I dont want to go behing my lawyer and file a writ to the BVA without asking him.

Im not mad Im just worried really worried not about my credit But what happens if i die ???

Im not worried about dying but what happens to my BVA claim??

Thats what im worried about. This has really put a strain on my life..

See i feel as long as your at the VARO level you have a certain amount of control over the situation. Once a form 9 has been filed your headed into "No mans land." The BVA or this AMC place.

Thats my thinking on my situation i e pending BVA issues

One final question

so even though im waiting for a BVA hearing the writ of manduamus would be filed with CVAC??

is that correct.

I want to thank you every person hear at HAD IT!

Why?

Because you help me and most of all most of all EACH ONE OF YOU GIVES ME HOPE 111 AND THATS WHAT KEEPS ME ALIVE AND PUTS ME IN GOOD SPIRITS.

BEST MEDICINE IN THE WORLD HAVING PEOPLE WHO HAVE GONE THROUGH WHAT IM GOING THROUGH.

THANK YOU FOR YOUR SUPPORT & GENEROSITY AND ANSWERING MY POSTS!! I MEAN THAT TO!!

THANK YOU SO-- MUCH!!!!!!!

FROM

GRENT

Link to comment
Share on other sites

grent,

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use