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Berta
I cant find a thing-the AL web site doesn't mentiont this at all-
In November the CAVC published
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 06-2762
The American Legion and
Nicholas Ribaudo, Petitioners,
v.
R. James Nicholson,
And had given the American Legion a few weeks to file a brief under Amicus Curiae and apparently
to clarify that this is a Writ of Mandamus under the ALL Writs Act.
Although my old Mandamus writ is still public at the CAVC -as far as the docket goes-
I can't find anything else on Ribaudo there- so maybe he never filed a writ in he past and the AL is supporting his new recent writ request. ???
There is an enbanc hearing today on this.
Cant wait to see how this turns out.
There are very few times that a Vet Org goes on any CAVC case as additional petitioner.
And certainly most writ of mandamus fail.
However if I do not get a decision on a claim I filed in Jan 2003 regarding the Bonny V Principi regs -I too will file a Writ of Mandamus.
This was the first claim I filed in almost a decade. The VSM told me twice in the past that it would receive an administrative decision.
No decision whatsoever came- so when the 4 year mark is over I will file a writ of mandamus.Unless they make a decision on it.
This claim should have been sent over to the regional counsel in 2003. The VA is unable to decide it without input from counsel.It is a legal issue.
Maybe that is why my files were at counsel twice since last month-
but I think they were there for something else.
I think it is extraordinary that-if this a Mandamus writ- the AL has fully supported the veteran.
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