Can You Spot The Problem

[toddt]

Have attached my decision letter, there is a problem with it. What should I do, file a NOD?

Decision.pdf

[Berta]

just to add

Here is a good writ template, citing Espamer as well as other cases.

http://www.hadit.com/vaclaimslibrary/mandamus/mandamusexample001.htm

We haven't seen Seth in a while here but he has filed this writ:

http://vets.yuku.com/topic/120093/#.VXB1mEbRaTp

As you can see the VA must respond to any writ not denied right off the bat...

I dont expect my writ will be denied right off the bat, at all.

I am just preparing to counterattack that eventual possibility,with everything I have..

That is also why we must include with the writ, and refer to any evidence we have...the more the better...that is not the case however for every single writ

.

I think I could get away with a few statements and some evidence, but I want them to see the whole 9 yards, as my past decisions will reveal how I had to fight to get my evidence read, by the same VARO, and this defies why the raters are even paid..

I also will request a precedent decision.

As I told Ms. Hickey, on the surface I could feel discriminated against by my RO due to these years of battles to get my evidence read. But the fact remains ,I believe, that this happens to more claimants than I know of, and has caused a great part of the backlog.

Writs that are denied, if one reads them at the CAVC, one can readily understand the logic behind the denial.

We recently had a similar situation here..... a story posted as to a writ, the veteran had filed and then when Alex found the docket, it was a whole different story and the writ had absolutely no merit at all.(neither did the veteran's claim)

Edited June 4, 2015 by Berta