RUREADY Posted December 14, 2013 Share Posted December 14, 2013 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 Link to comment Share on other sites More sharing options...
RUREADY Posted December 16, 2013 Author Share Posted December 16, 2013 J thanks I will run all this by him tomorrow Link to comment Share on other sites More sharing options...
RUREADY Posted December 19, 2013 Author Share Posted December 19, 2013 J I ran everything about this to my mouth piece and you are dead on and he has taken care of this I hope he seems more upset than me and maybe get the claim moving a snail speed lol RU Link to comment Share on other sites More sharing options...
RUREADY Posted December 19, 2013 Author Share Posted December 19, 2013 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. Bertha I am going to try the Writ if nothing happen in a week or after XMAS. My appeal is still on the first step after 3 years and thanks for the reading it is very helpful Link to comment Share on other sites More sharing options...
RUREADY Posted December 19, 2013 Author Share Posted December 19, 2013 Heres a perfect example, I requested my wifes C-FILE abt a month back. It was requested a couple months after a C&P exam for a specific claim. In the C -FILE is the request to VES, to set up the exam, the instructions to the dr, on what to check at the exam, BUT NO EXAM RESULTS, which surely they have. WHY ARE THEY BACKHOLDING THE RESULTS? I believe its because the exam was very much in favor of my wifes claim, and they are not wanting to produce it. It would be provable evidence of A cue claim later on down the line, If I could prove they had it, when they decide the claim. NOW YOU SEE WHY THEY DONT WANT YOU TO REQUEST YOUR C-FILE,?? Sorry if this got off point, but the more I see how this system works, the more disgusted I get. BARFF. !!! These guys don't play fair they will tell you anything they lie cheat and will steal. The only way for us to win to beat them at their game is with strong evidence and a few common sense just remember we have to do our own leg work shove evidence up their a**.These guys shred evidence ,burn records, have doctor lie just to name a few . Learn their game and beat them at it .Once you learn it you will have success and win win and more win. Good luck RU Link to comment Share on other sites More sharing options...
carlie Posted December 19, 2013 Share Posted December 19, 2013 Heres a perfect example, I requested my wifes C-FILE abt a month back. It was requested a couple months after a C&P exam for a specific claim. In the C -FILE is the request to VES, to set up the exam, the instructions to the dr, on what to check at the exam, BUT NO EXAM RESULTS, which surely they have. WHY ARE THEY BACKHOLDING THE RESULTS? I believe its because the exam was very much in favor of my wifes claim, and they are not wanting to produce it. It would be provable evidence of A cue claim later on down the line, If I could prove they had it, when they decide the claim. NOW YOU SEE WHY THEY DONT WANT YOU TO REQUEST YOUR C-FILE,?? Sorry if this got off point, but the more I see how this system works, the more disgusted I get. BARFF. !!! 63, They don't have to provide a copy of the C&P exam (if done off VAMC campus) until after a decision has been made. The C&P exam is not considered a part of her medical records. Until after a decision is made VARO owns the C&P exam as it has not yet become a part of the c-file for release. It's pretty much at their discretion. If the C&P's are done at a local VAMC - most times ROI at the VAMC will release a copy - but done thru a contracted examiner, getting a copy is different. Link to comment Share on other sites More sharing options...
63SIERRA Posted December 19, 2013 Share Posted December 19, 2013 (edited) wow I didnt know that thanks. the govt paid for the c file with my tax dollars, it should be open to me just like it is them. its supposed to be a ex parte system right. the cp doc said they couldnt give me the results but said the va would send them if we requested directly from them, which we did, and got nothing yet. Edited December 19, 2013 by 63SIERRA Link to comment Share on other sites More sharing options...
Question
RUREADY
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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