Writ Of Mandmus:

[MrPain7]

I received the respondent (Secretary of veterans Affairs) answer to my petition for extraordinary relief in the nature of a writ of mandamus and to the Courts order dated 04/14/2015. After reading threw there reply nothing was stated outside of what I have already mentioned to the Court..

My Question is What happens next ?? Do I wait for a reply from the CAVC...

[Berta]

The CAVC web site should reveal how these things go.....You need to first get a Docket number from the court.

Did they give you one."

They always publish their most recent decisions at the site as soon as they occur.on their main page....

If you click on the record of proceedings it will show what might happen next.

It is imperative if one files a writ ,that they follow to the letter, as best as they can, the Rules of Practice as to how to write the writ.

A writ extraordinaire (mandamus) must ask the court to so something.

It must tell the court why they should do it.

Sufficient evidence must be presented to urge the court to do what you want them to do.

Their clerks are user friendly as well.

I had to report a widow wannabee to them many years ago.

The judge's clerk was shocked at my email, and I told him where to get proof of what I told him.He contacted the NYC RO and realized they were being snookered and then the CAVC case was over.

.

[Buck52]

http://www.appealsparalegal.com/writsofmandamus.htm

....Buck

[broncovet]

Thank you for that advice, Berta. As many of you know, I filed a writ about 6 years ago, and expect to file a second one, soon. The RO simply "WONT" comply with the Board Remand Order, even after I have emailed Bob McDonald, and Ms Hickey.

[Berta]

Thanks for that link Buck! I have no idea why RO would NOT comply with a remand so I hope you do follow through with a writ, Broncovet.

Remands...I have mentioned here that the claimant should try to comply with the remand themselves and send that info to the BVA.

Sometimes they cant do that...but sometimes they can....

[Pete53]

I told BVA to send my claim back to Waco Texas and the idiots treated it like a remand. I asked for a Hearing I was tired of them sitting on it.

[Berta]

I asked the BVA to remand my DMII AO death claim, Pete.

My VCAA rights had been violated ( this was pre-5103 waiver regs)

The BVA agreed and remanded, but not for the violation...for another VA C & P.

When they got my rebuttal to the C & P ,they agreed it was too speculative, and awarded.

They said I had mitigated any VCAA errors with probative evidence.

I had 3 IM0s for and they had 2 against when the claim was docketed at the BVA.

I had ordered another IMO but never needed it because the award came faster than the 4th doctor's IMO.

One of my IMO was only a few sentences. in email from a former VA Neuro.

Those two sentences cooborated Dr Bash's IMOs. The BVA gave it as much weigh as Dr. Bash's IMos.

Craig Bash was thrilled when I sent the email to him and he called the neuro and the neuro put the same sentences onto his letterhead.

I wish I could have been on the phone with them that day...2 former VA doctors who know what they were doing...

It took me a long time to find this neuro doctor in private practice but NOTHING is IMPOSSIBLE!

The award came within a few months of the remand.

But I had to call the General Counsel to order them to pay me.. they had never dealt with my situation before on that offset refund.And refused to read their own regulations and a past statement from the BVA , that said they had to pay me.

But they did.when the GC called them.

That claim took 8 1/2 years to be awarded.

I am using the SOC and SSOC from that claim in my Writ as part of the evidence that shows my RO has continually refused to read my evidence.

Lots to copy for it...

Denial, denials denials, since 1995, then awards on the same claims.

All denials due to violations of basic VA case law and regulations...

And , as I told the Sec and Under Sec, the ROs have caused the backlog by doing this to many other claimants as well..we sure didnt cause it.

I need to repeat this:

"They said I had mitigated any VCAA errors with probative evidence."

If you have the right evidence, that is probative and compelling, it does not matter how the ROs screw up the claim, if you fight back aggressively, with the same regs they use against us.

The only problem is that Time is our enemy and I bet they high five every time they learn ,

when a veteran has a claim pending, that the veteran has died.

Edited May 20, 2015 by Berta