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How to file a Writ of Mandamus

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broncovet

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There are 4 things you need to know to file a Writ.  Simple, right?  If you get these 4, you can begin your Writ.  Without them, it will never happen.    I will tell a story of how I learned "the Big 4".  

Years ago, I had a friend in the Navy.  He and I both played chess, and I marveled at him when I learned he could play chess blindfolded.  He said he would teach me to play chess blindfolded.  I responded,

"Im not smart enough to play chess blindfold.  How do you remember where all the pieces are?"

He responded, "In due time, in due time". 

Many months later, my very trusted friend asked me.

"Do you trust me?"

I responed, "Gee, Neil, why do you ask.  I trust you with my life."

He said, "I need you to do what I ask, and dont question why."  

Ok.  

He said, "For a moment, dont worry about "whether or not" you can play, blindfold chess, just focus on where the pieces are on the board.   Can you picture the chess pieces, in your mind, set up and ready to play?

"Sure, that's easy."  

"Now, take the pawn in front of the king, and push it forward 2 squares like you always do in our games.  Can you see that in your mind?"  

"Yes."

Congratulations, you are now playing blindfold chess.

      Once you put out of your mind the reasons why you can not do something, and focus on doing it, you are almost there.

     Ditto for a writ of mandamus.  Now, for the "Big 4" I promised:

Here they are:  (Drum roll......)

1.  You

2.  Can

3.  Do

4.  It.  

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On 7/28/2018 at 6:26 AM, broncovet said:

There are 4 things you need to know to file a Writ.  Simple, right?  If you get these 4, you can begin your Writ.  Without them, it will never happen.    I will tell a story of how I learned "the Big 4".  

Years ago, I had a friend in the Navy.  He and I both played chess, and I marveled at him when I learned he could play chess blindfolded.  He said he would teach me to play chess blindfolded.  I responded,

"Im not smart enough to play chess blindfold.  How do you remember where all the pieces are?"

He responded, "In due time, in due time". 

Many months later, my very trusted friend asked me.

"Do you trust me?"

I responed, "Gee, Neil, why do you ask.  I trust you with my life."

He said, "I need you to do what I ask, and dont question why."  

Ok.  

He said, "For a moment, dont worry about "whether or not" you can play, blindfold chess, just focus on where the pieces are on the board.   Can you picture the chess pieces, in your mind, set up and ready to play?

"Sure, that's easy."  

"Now, take the pawn in front of the king, and push it forward 2 squares like you always do in our games.  Can you see that in your mind?"  

"Yes."

Congratulations, you are now playing blindfold chess.

      Once you put out of your mind the reasons why you can not do something, and focus on doing it, you are almost there.

     Ditto for a writ of mandamus.  Now, for the "Big 4" I promised:

Here they are:  (Drum roll......)

1.  You

2.  Can

3.  Do

4.  It.  

WOW, sure puts this example in perspective.

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Get help here for filing a writ or cavc appeal:

Veterans Consortium Pro Bono Helpline: Toll-Free 855-446-9678
or Email helpline@vetsprobono.org (for assistance with self-represented appeals to USCAVC)

Procedure is here:

https://www.uscourts.cavc.gov/appeal.php

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Just to add- (I dont know if lawyers still do still this) 

after I filed my Writ a bunch of lawyers contacted me- and when they found out it was a writ they were not interested.

One of them however called me up-the Dynamic Ken Carpenter-

He felt the accrued claim would be awarded and it was- shortly after that-(the impetus for the writ)

and we talked for almost a hour on VA OLA! 

An example of his impeccable work is in this recent thread:

 

https://community.hadit.com/topic/72033-big-win-for-korean-vet-widow/

 

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Berta, 

    The same thing happened when I filed a writ:  Attorneys contacted me, but then were not interested when they found out it was a Writ.  While my writ was denied, it accomplished its purpose and I was awarded 100 percent within about 3 months after the writ.  

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The link is not a post from Carlie- in it Broncovet and I gave solid info on Mandamus writs-

https://community.hadit.com/topic/72390-how-to-file-a-writ-of-mandamus/#comment-449320

I will try to find her posts.

As I mention in the thread- I quoted only part of Rule 21-

I will post the entire Rule if I get time.

A Writ Mandamus means you have to prove you exhausted Every way possible to get the claim resolved.

In my case ( this involved my AO DMII death  --but a CUE would have done the same thing-

I was a student at  AMU ( advertised here a LOT)   a GREAT Military War college.

etc etc trying to maintain my A average and between that, being here to help vets, and the farm and home maintainance, etc etc-

I mentioned this here years ago- I had 2 IMOs my RO refused to read.

First I thought maybe I should send my RO copies of "Reading for Dummys"-

And  I even thought maybe I should send a bunch of Pizzas to the Buffalo VARO and when they opened the pizza boxes, they would see a copy of my 2 IMOs attached to the lid.

My other idea instead was to have some company print the IMOs on dozens of rolls of toilet paper and have that toilet paper put into every VARO bathroom so maybe someone sitting on the toilet would read them and get them into the rcord.

These IMos as I mentioned before were probably the first IMos my state reps seemed to have ever seen. One of them,  My so called vet rep, presented them to the DRO on a double DRO hearing I got under a CUE, and she did not even put them into the record and handed them back to him.She said she couldnt read them.

I was pretty exasperated when the vert rep called and told me that but said he did get her to order another C & P exam-' I said if she cannot read an IMO , written in simple English, by a medical expert how could she possibly read a C & P exam????l

no answer from him.

Well every time I think of this, I need to warn you all- this is how the sometimes, ROs and vet reps, VSOS, agents, etc, can and will treat survivors of veterans. Everything changed at this state office after my complaint to the OGC and to the Governor of NY!!!! I was very happy with the results. They could not hurt survivors of veterans with their incompetence anymore.

If I get time I will analyze John's writ and why it failed. I was surprised how I believe he failed to even read Rule 21 ( a CAVC rule) and he is a lawyer.

 

 

 

 

 

 

Edited by Berta
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