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RUREADY

Appeals Setting At Ro 3 Years

Question

Hello everyone, I have an appeals that's been setting at the RO 3 years now and everyone I call

cant tell me or my attorney why it is still there. So I contacted my congressman for some help

and got a letter from the RO and this is what it said

The file show u revoke DAV on 11-29-11 and change to an Attorney. How ever the system shows the POA

was changed back to DAV on 11-24-12 but there is no VA Form21-22 (Appointment of veteran Service

Organization as Claimant Representative) of record with that date. We have left message for the DAV

representative who submitted it but no response.

Why in the world would they not call me or my Attorney I have not seen or been to DAV in 3 years Just

waiting for a decision and DAV much want the credit for it. At least the Congressman got some attention

and maybe a decision in another 3 years. Thanks RU

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Who appointed the DAV a second time. You may have a legal case against them.

File a Writ of Mandamus. That will get it going.

J

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“How ever the system shows the POA

was changed back to DAV on 11-24-12 but there is no VA Form21-22 (Appointment of veteran Service

Organization as Claimant Representative) of record with that date”

So the VA does NOT have any form denoting the DAV as your legal POA and therefore, technically the lawyer's POA should still stand.

The response to your Congressperson might be plain old BS.

If they have no legal current DAV POA 21-22 form but have the form from the lawyer, it sounds to me like a stall.

I would file an IRIS complaint (the complaint box is a drop down on the IRIS web page.)

https://iris.custhelp.com/

What has your lawyer said about all this?

I assume they have a legal POA from your lawyer so what is the hold up on the claim?

Does the lawyer's name appear as a CC copy of anything VA has sent to you,such as the last SOC you got?

You can consider Mandamus Writ, as Jbasser said.

Info on that here under a search.

Better yet, maybe your lawyer should consider it. The VA will surely waive the filing fees at the court.

Make sure you send original writ to the CAVC and a copy to the RO.

Also I suggest you do what I did years ago..

The Buffalo VARO told my Congressman and my 2 NY Senators an outright lie about my husband's SSA records and I wrote back to them (the congressionals) telling them exactly what I found out from the SSA. This lie caused my husband's 100% SC award to come 3 years after he died ...it might well have come in his lifetime if the VA had not perpetrated an outright lie.,

write back to your COngressman with copy of the VA response and tell them the point I made above.......

that they dont have a valid POA from the DAV, and they do have a valid one from your lawyer, therefore, why is this claim taking so long....as the POA status is not the problem.

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

This is a Mandamus Writ example.

I filed one in 1996.

You just need to type the claimant V Shinseki stuff to the left of the page,type it spaced similiar to this above writ and then in CAPS put

PETITION FOR EXTRAORDINARY RELIEF

IN THE NATURE OF A WRIT OF MANDAMUS

and tell them why you petition the court for Extraordinary Relief, and ask that they waive the filing fee.

(The CAVC web site might have a waiver form for that.)

I knew my writ would be denied by the court but the RO got a copy of it and seemed to get off their thumbs a little when they got it.

The main criteria for a writ is that the claimant has exhausted all means they have had to resolve the issue. The court stated I had not done that yet , as my claim was still in appeal status but I asked for extraordinary relief because my RO couldn't read.

However, I think there is more to this stall then meets the eye. Do you and your lawyer have a copy of your C file?

Is this a Section 1151 claim?

The court,yesterday, denied a mandamus writ:

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01202680795&caseId=79160&dktType=dktPublic

Writs are usually denied . This Writ decision shows how the CAVC views when extraordinary relief is warranted.

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I agree with Berta.

The VSO's are supposed to "help" Veterans, while the VA actually uses this as an excuse to delay. I would be mad about it also.

If you can refute what the VA claims, then, by all means file a writ, or file a complaint with the VAOIG. While the VAOIG is a headless horseman, the VAOIG at least has to "pretend" the VAOIG works when congress is involved.

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I agree with Berta.

The VSO's are supposed to "help" Veterans, while the VA actually uses this as an excuse to delay. I would be mad about it also.

If you can refute what the VA claims, then, by all means file a writ, or file a complaint with the VAOIG. While the VAOIG is a headless horseman, the VAOIG at least has to "pretend" the VAOIG works when congress is involved.

the RO know they don't represent me as my lawyer he just sent them a letter asking them to make a decision on the claim

on 11-9-13 also he ask that the claim be sent to BVA for a decision back in 2011 to by-pass the RO.The congressman

seem to help things because I couldn't get anything no letter ,no response from iris nor the 800 #

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