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Writ Of Mandamus...berta?

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broncovet

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Berta spoke of filing a writ a few weeks ago. Please correct me if I am wrong but I thought she said something about posting it. Maybe not?

Im just relying on memory, and, beleive me, mine is not that great any more. So, please dont be offended, Berta, if I am wrong. Also, there is a good chance she is waiting and thats ok, also.

I have filed a Writ, myself..but that does not mean I am too good to learn from others.

Its been my impression that Writs are, pretty much regurarly denied, about 90 percent of the time. However, before they are denied, the judge asks the VARO manager to "respond" to the writ. The manager responds, usually with something like, "Well gee your honor, I know 12 years is a long time to implement a board decision, but isnt that backlog awful? By the time you get this response "poof", I think you will find out we already did that. (The next day after they got the Writ). What a coincidence? Gee, now your honor, there is no issue, so please deny that writ, too. How is your youngun doing in soccer? Gee that is great. Tell your wife, I will see her at the scrapbook meet, and bring back the stuff I borrowed from her, too. By the way, you can tell your nephew, your honor, to come in and interview for that assistant manager position any time. I will keep that slot open for him for when he gets out of rehab."

Edited by broncovet
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Just an update, I have completely reworked the writ due to new circumstances.

And by Monday or Tuesday there might be more input from the VA.The Director said on Monday she should have a status update.

Of course I dont expect that they have learned to read by then.....but I might get more documented evidence that they still have their foot in their mouth.

I have 5 entities to make service on and that requires a lot of copying of my evidence.and a lot of time.

This is the best template for a writ:

"A petitioner seeking an
extraordinary
writ must satisfy three conditions:
(1) The petitioner must demonstrate a “clear and indisputable”
entitlement to the writ;
(2) the petitioner must demonstrate that he
lacks adequate alternative means to obtain the desired relief, thus
ensuring that the w
rit is not used as a substitute for the appeals
process; and

(3) the Court must be convinced, given the circumstances, that the issuance of the writ is warranted.

(source: the US CAVC)

because every writ is unique to the circumstances and I provided evidence of all above.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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