Mandamus GRANTED to this Class Action case!-CAVC

[Berta]

 

As you all know veterans can become a class ,and by certification,can file a class Action case against the VA. (Monk V. Wilkie- available here)

Some veterans sure took heed on that recent and stunning decision and won this:

 

"UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-4361 JAMES A. GODSEY, JR., ET AL., PETITIONERS,"

In part:(I only put the conclusion here- have not had time to read it thoroughly- but -are you a member of this class? This is what veterans have to do,in my opinion, to get better C & P exams- I wish I could file a class action on that basis for veterans- but I cant because I am not a member of the class-  because I am not a veteran)

 

"VI. CONCLUSION Upon consideration of the foregoing, it is ORDERED that the class proposed by the petitioners is modified consistent with this decision. It is further ORDERED that, pursuant to Rule 23(c)(1), the following class is certified for purposes of this petition: All VA benefits claimants who filed a Substantive Appeal at least 18 months or more prior to the date of this order and who are waiting for VA to initiate pre-certification review of their cases. It is further ORDERED that, pursuant to Rule 23(g), petitioners' counsel is appointed as class counsel.

It is further ORDERED that, pursuant to Rule 23(g), petitioners' counsel is appointed as class counsel. It is further 19 ORDERED that the petition is granted in part. The Secretary shall conduct precertification review of all cases that fit within the class definition, and for each class member, within 120 days after the date of this order, either (1) certify his or her case, or (2) affirmatively initiate development or adjudication activities necessary for certification or resolution at the RO. It is further ORDERED that, within 60 days of the date of this order, the Secretary file with the Court a status update, which includes (1) the names and VA claims numbers for all members of the class; (2) the number of cases in the class that are still awaiting pre-certification review; (3) the number of cases in the class that have been processed in compliance with this order—i.e., certified or afforded additional development and/or adjudication by the RO following pre-certification review; and (3) any other information the Secretary deems relevant to his compliance with the Court order. The Court may subsequently order further status updates as necessary. See FED. R. CIV. P. 23(d). DATED: June 13, 2019 PER CURIAM."

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01205907937&caseId=97334&dktType=dktPublic

There is One dissenting opinion added.

(PS -This case holds a great template for Class Action certification, for any veterans who consider doing something like this.

This is BIG!

[Vync]

3 hours ago, Buck52 said:

The VA sure loses your evidence quite a lot, you ever think about sending them a double whammy , I mean send your evidence to them more than twice and to two  or three different claims  locations.

In my last round of claims in 2012 or 2013, I did just this. Had return receipt certification for both times I mailed them. After I won my appeal, a few months later the VARO sent me back one complete set and indicated it was duplicate material. Ironically, recently I uploaded documentation to the VA via ebenefits and they somehow managed to lose it.

[Oceanbound]

7 hours ago, Buck52 said:

  The VA sure loses your evidence quite a lot, you ever think about sending them a double whammy , I mean send your evidence to them more than twice and to two  or three different claims  locations.

 

No, in the real (business) world you only have to send it once, they got it the first time via certified mail and can lie to you about not gettting it or its lost. Then when you're at the BVA you will see that the RO lied and the BVA had what you mailed them. 

DO NOT send it to multiple addresses or multiple times. 

 

[Buck52]

I have and my claims never got to the BVA or had to because they got my evidence.

even with sign return reciept they can still lie to you  it just proves you sent it in it don't prove the right person recieved it    it could have been sign by a  door greeter  or traveling VSO at your RO  and then put on a shelf and forgotten about.