What Does This Mean?

[Buck52]

I been reading cases over at the bva ws and I admit I be away for about 10 years or so just getting back in the game

but what does ''Petition for Extraordinary Relief'' Mean in a claim?

I see most cases have been denied!

[Vync]

I assume it would be due to severe hardships, but I believe there are special conditions for those.

[lotzaspotz]

Otherwise referred to as a Writ of Mandamus, this petition is an attempt to force immediate action on an appeal. It's almost always denied after the Court gives the VA several nudges in 30 day durations to brief the Court on what the VA is doing regarding the appeal. The whole point is to get movement on an appeal that otherwise has been bottlenecked at the Board or the Appeals Management Center overly long. You won't technically "win" a decision, but you normally lose by getting action on your appeal, which is what the original goal was in the first place. Once the action is achieved, the petition becomes moot and the appellant "loses." That's the quick explanation. We filed a writ petition in 2008 that we lost, but achieved its purpose in removing an appeal from the AMC.

[lotzaspotz]

There are conditions that the appeal must meet in order for the Court to have jurisdiction over the petition. Like I said before, I gave the quick definition, but if the Court decides the petition doesn't qualify for the Court's consideration, the Court may deny the petition outright.

Edited February 6, 2015 by lotzaspotz

[Vync]

Great explanation.

I can see the VA folks laughing, kind of in the spirit of "you want it when?"

[Buck52]

Oh okay Thanks!

[Berta]

I filed a mandamus Writ many many years ago,just to see what would happen. The writ was denied because I still had appeal rights. I think I should have asked the CAVC (it was called COVA then) to order my VARO to learn how to read. Instead I diplomatically suggested they find some way to take some RO thumbs out of butts and properly decide my claim.

The best part was that I heard from 10 or 12 vet lawyers.

None of them wanted to help when they heard it was a writ. No $$$ in retro for writs. They just got my contact info from the docket, which didn't say what the case was about.

One of the lawyers who called me was Ken Carpenter.

We BSed for at least an hour on VAOLA. He certainly did not want to support the writ but sure was very helpful to talk to,about my case..

I also sent a copy of my writ to my VARO. My claim was awarded not long after that. But I dont think the writ helped.

A call from me to General Counsel, who then called them , got the award.

Very few writs succeed, but when they do it is Wonderful.

Mandamus writs are usually denied if you still have appellate rights, (which does make legal sense,albeit it is often unfair)

Our member ASKNOD has filed a writ recently ,posted here, that might well fix them but good!

Edited February 6, 2015 by Berta