Sent R/o In Waco Texas Notice Today

[chief 313]

terry and berta sent r/o notice of mandamus coming in 60 days ,if all pending claims are not adjudicaded in this time. guess i will start writing it after christmas. printed as sample of hadit site. may need some help from terry, berta and carlie .best regards chief 313

[Berta]

Chief- I think you might have misunderstood our writ posts-

A Writ 0f Mandamus comes under the All Writs Act (they used to call them Writs Extraordinare)

In the past 20 years I have only seen 2 or 3 Writs of Mandamus granted-there might be more-

The circumstances have to be "extraordinaire" and also- as the court told me, when they denied my writ in 1997-I had not exhausted all avenues of resolve at the VARO level.The claim I filed the writ on was resolved not too long after filing the writ but it would have been anyway.

I dont know how long you have waited for a decision but a writ is for extraordinary circumstances.

I have personal example:

I filed a claim in Jan 2003 over the new Bonny retro accrued regs in 38 CFR.

The VARO VSM promised me twice-in mail- that an "administrative decision" would be made.

But this involves a legal issue and should have been forwarded to VA counsel. It never was.

The decision never came, nor any VCAA letter. Nada.

Over a year ago I wrote to General COunsel to see if they would take jurisdiction-but their reply was this still has to be decided at the regional level.(which would probably involve asking VA counsel to determine the legal issue-I see no way that the RO can decide this claim without fwding it to counsel but they never did.)

In January I will take one more step to get a decision on this claim.Via VARO and also the Regional Counsel -

It no longer appears on the VA computers.(MY POA doesn't have a clue on it)

Also I mentioned this in a letter last week to NVLSP on another matter-they might have suggestion-

If I get a promise of a decision again but the claim is not worked on-I will file a Writ of Mandamus because I have exhausted all aveues of approach and four years is a long time to wait for an "administrative decision."

This is basis for a Writ- the claimant must have attempted all they could to get a decision-

I might even wait until June- to file the Writ- as the longer time goes by the more potential a writ has-

I have evidence and will continue to get evidence to support the writ-

Again- this is not a denied claim -in my case- but is a claim without any decision- in four years-

If you read some Writs at CAVC you will see why they are usually denied.

The good part about filing a writ is that lawyers get your name and address off the docket sheet and they write to you- I got 10=12 letters from lawyers-

but they want claims at CAVC and not writs unless they are extremely "extraordinary".

This shows what I mean:

http://webisys.vetapp.gov/isysquery/irl82d1/1/doc

Edited December 21, 2006 by Berta

[vaf]

From the cases I've found at the CVA website, it appears many writs are denied because the RO finally took some action on the remanded claim, after it had been notified the veteran filed a writ. The writ would then become moot, and be denied.

Had the writ not been filed, it appears the RO would continue to ignore the veteran.

I think the threat of a writ can do wonders for encouraging the RO to follow the Board's directive to expeditiously review and decide a remanded claim.

[dougbo1943]

I agree with Vicki. I also think it appears that a lot of the claims received action after the writ was requested.

Gunny

[chief 313]

From the cases I've found at the CVA website, it appears many writs are denied because the RO finally took some action on the remanded claim, after it had been notified the veteran filed a writ. The writ would then become moot, and be denied.

Had the writ not been filed, it appears the RO would continue to ignore the veteran.

I think the threat of a writ can do wonders for encouraging the RO to follow the Board's directive to expeditiously review and decide a remanded claim.

[chief 313]

vicki, thanks for reply hope this will work. best regards chief 313

[vaf]

We threatened a writ against the RO for ignoring a Board-remanded item, after the RO took no action on it after almost six years. The Board issued the original remand in March 2001, reminded the RO that it was waiting for a decision on the remand in June 2003, and again noted the remand had not yet been handled in December 2005.

We wrote the RO that our intent was to file a writ, and we copied the Board and the Appeals Management Center. We told them that we have a pending appeal before the Court, and had a writ all ready to go to add to the list. We were then notified that the remand is now at the Appeals Mananagement Center, and they are currently gathering the same background medical records that we sent to the VARO at the very beginning of the process, so we filed another Release of Information authorization form. At least now it appears something is moving forward on this.

But I believe the threat of a writ is what did the trick.

Anytime I can get any claim away from the RO and to the AMC, I'm happy.