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Writerinos .......mandamus Question

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Berta

Question

A Writ Extraordinaire (Mandamus) must contain evidence of exhausting all available remedies.

That means the claimant has appellate rights they must exhaust.

However, this is a statement in emails I have just sent to those being served with the Writ and I have to contact the CAVC with a few questions, but will check out their web site first.

I know the Rules and Procedures but...there is a lot to preparing a writ...all of my evdience to be copied comes from the VA itself.

I am using this statement:

"I feel I can prove that I have exhausted all available remedies ,as a claimant , to have the Buffalo RO properly adjudicate my CUE claim and that they have violated the regulation I asked Ms Hickey for insurance, in email dated February 10,2015 to her,( and within subsequent emails to her, to Secretary McDonald and to the Buffalo VARO (all to be included as evidence for the Writ of Mandamus ) that would be properly applied to my CUE claim dated October 2012 , application of 38 CFR.4.6 to the 13 submissions they have of my evidence, still ignored at this point by the Buffalo VARO, as far as I know.

I am not a VA employee and therefore not able to physically teach VA RO employees how to read 38 CFR and M21-1MR, or how to read my evidence..."

I will submit to the court numerous recent VA decisions and past ones from the Buffalo VARO that reveal this has been the Status Quo in my regard, that this RO refuses to read my evidence, unless drastic steps are taken.....one documented example is the original FTCA Offset matter.....another is the BVA award of 2009 etc etc....

Also in the writ I have made the point that a viable NOD cannot be prepared on an illegal VA decision. Although I did send in a timely NOD as well as a NOD extension request...that I told the RO director I would appeal if denied, on that request, to the BVA.

Unless they properly award the claim based on the evidence they verified they have had for years..

My question is , someone else here maybe Broncovet, is preparing a writ too.......

How did you handle the 'exhaustion of all remedy 'part?

And Did you have to provide copies of all evidence with the Service on the Secretary, and the VARO as well as to the CAVC?

I am willing to get this to a Federal Circuit Court if denied by the CAVC.I assume I will have that appeal right too.

I know I am not the sole claimant this has happened to (continuous violation of 38 CFR 4.6) and I have years of past decisions to prove this is my ROs status Quo for every claim I filed in the past 20 years, all won after a battle....but why should anyone have to continually fight over their violations of 38 CFR?????

I am stating what I want the court to do and also asking it to be a precedent decision.

Edited by Berta
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Berta:

Wow, although I'm pretty new to this whole diasbility claims processes/procedures, but it does ot make sense that your evidence would be put in a position in which it is just not being reviewed? I've noticed that you are very smart and seem to know the rules better than most, so it does not make much sense to ignore anyone, but especially someone that knows the rules like you do? It seems pretty rough that you are having to go to this extent to just have your evidence heard...any chance that a lawyer could assist you on this - but that could be overkill....anyway good luck and I hope you get what you deserve...

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Hi Berta, well, I certainly hope you get this sorted out..I my claim, it has been 2 months since the BVA CUE decision in my favor..THe stuff hit the fan this morning as far as I am concerned..I am contacting the General counsel as you have done in the past, as well as the Director of the VARO here in Wichita, with a letter to the BVA judgeas well..Guess we will see if this has any effect whatsoever..Again, thanks for all your help Berta, it is appreciated, as are you..46 years of their BS is enough for anybody to deal with....

RSG

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Thanks for the advice ,Rootbeer ,but I am the best lawyer I know. I am a Pro Se lawyer.

That is how I won my FTCA case.I could not find a single lawyer in those days here in NY to help me so I said OK, I will study FTCA law and I will handle that case by myself.(Pro se)

Sure a lawyer might help but I have helped myself over numerous battles with the VA...since 1988 ....I am definitely not at the point to attain a lawyer...

Mandamus writs...also lawyers usually dont want to deal with them much anyhow because they usually get denied.

No money in that.

If I take this to Fed Ct, then I will be very happy to get a lawyer.

It probably does not sit well,,when anyone opens my C file and sees what I have won.

I do get angry that they do this to others as well as me, but to tell you the truth, most of what I know about VA case law is DUE to the battles I have had, and that makes it well worth the frustration.

(actually I think my Mandamus writ is Delicious!!!! I love legal beagle stuff.... I just have had so much going on here lately-----work being done on my house and I have rd , garden work ...and church stuff etc etc. that I have not had time to finish the writ yet.

Dont get me wrong I LOVE lawyers but I also don't want to pay for what I feel I can do by myself.

That is why I know how to run power tools and built half of my barn and addition myself.

Edited by Berta
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BTW all--- I filed a writ long long ago...not really understanding the rules...this was in the days when COVA (now CAVC) was not on line and I had to promise to send them a few bucks to get them to fax me decisions.I found in the VBMs.

When you get a docket number at the CAVC ,lawyers usually will contact you...to find out what type of case you have.

12 lawyers contacted me years ago over my last writ and I talked to the notable Ken Carpenter for about an hour, after he called me.

He couldnt help with that writ but was quite surprised at what I had done so far....with VA....and asked me how I did it.

The thing is Evidence is Everything....and the evidence was well hidden but nevertheless I found what I needed.(FTCA /1151 awards)

BUT I missed evidence too....upon my daughter;s insistence, I reopened my claim years later and found what I could not see before...more evidence of an additional AO undiagnosed and untreated condition.BVA award 2009.

I need to make a point here.

It takes sometimes a lot of reading and re reading our stuff to find what we need.

Also a SOC cannot be breezed over at all. Nor can a C & P exam.result.

It even helps to have someone else, a friend or family member carefully read your decisions.

I dealt with an angry vet once who was furious with me for suggesting he get an IMO.

He came here with a decision t,hat he thought ,said he had been denied.

I read it and said to him in anger ...

'You DUMB F---! This is an award letter!

The IMO got him the award.........He finally calmed down.

That was sure not the first time I was involved with a local vet issue whereby they did not read the decision properly at all.

As it is my RO (I have proof) cannot read...that means we all must take the time to read the decision, carefully and read the regulations as well.

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RSG , did I give you contact info for the Director of your VARO?

I appreciate that you have stood up for your rights as well and you are also correct saying this is BS.....

It is BS and we are forced to take it until we fight back....but what about those vets and survivors who cant.........

VA is a National Disgrace.

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Yes Berta, they are a disgrace..We should never have to fight this hard to obtain what we deserved...Especially if all the documentation is there to prove them wrong...If all this is finally completed on my claim, I intend to help as many vets as I can. Wether it be Homeless, Suicidal or whatever...If the VA doesn't help them I will do my best to help...I do not plan on leaving HADIT now that I may be able to help a fellow vet...I just needed to get all this BS from the VA sorted first......

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