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What Does This Mean?

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Buck52

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  • HadIt.com Elder

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!

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  • HadIt.com Elder

IOP Definitions

Author Judge. The judge responsible for drafting an order, memorandum decision, or opinion of the Court is the author judge.

Board of Judges (BOJ). The BOJ is composed of all judges serving in regular active service.

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Editors. The Editors are the Court's editors, who maintain the Court's Style Manual and review all final decisions of the Court for style and format consistency.

En Banc. All eligible and participating judges serving in regular active service, acting on a matter together, constitute the En Banc Court.

Issuance. Issuance occurs when an action of the Court is posted by the Clerk on the Court's docket.

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Published. A decision of the Court is published electronically or hard bound, in accordance with Section VIII of this IOP.

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  • HadIt.com Elder

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.

The Writ od Mandamus is usually denied after the VA is forced to take Action. They are almost always denied but if the meet parameters it works The VA must of sat on calim at least a year and a half or more. The VA will ask for extra time the Judge will tell them to do it in a short time and the VA will act and the claim will move than the Petition is denied.

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An old thread about Writ of Mandamus I got tired of searching for Alex Humpfreys posts about Writ of Mandamus but he was the best lawyer for Veterans that I know. He did use the threat of a Writ to make the VA move on a claim. The reason that they are all denied is cause the VA does something. Its not always good but it opens the door to other relief. The AMC was a good idea at first but after the law suit filed by Service Groups said they could not do what their mission was they changed it to being the RO for the BVA. Any thing that they did ended up being sent back to original RO.

When I used to read BVA decisions they basically would remand about 30%, deny about 50% and grant the rest, The CoVA was much tougher on claims. Remember it was not so long ago Veterans could not have a lawyer.

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