Remand delay

[Ricky.peterson2]

May the 6th the cavc remanded my claim back to bva. Yesterday bva remanded it back to regional for fixing overlooked expert dr evidence. .. question... is this another long process.. also I file a hardship a week ago and they quickly made the decision to remand.. does this hardship still apply? 

[Oceanbound]

The Writ of Mandamus is just as powerful as the congress rep.

[GeekySquid]

1 minute ago, Oceanbound said:

The Writ of Mandamus is just as powerful as the congress rep.

congressmen and senators are quicker and yell louder.

[Oceanbound]

File the Writ (The Court proved the RO are literally a bunch of clowns in their own circus) in fourteen business days. You have to let them do their job now at this point, for that the three signatures and making sure that your twenty thousand plus retro is correct. If you do not have it in a month then fax the Writ to your congress rep saying the VA knew the VA screwed up again and now further delaying the Court order.

[broncovet]

I got good results filing a writ.  Even tho it was denied, it served its purpose and I was awarded full benefits about 3 months after the writ.  

Before you file a writ:  

Send a letter of "intent to file a writ".  A writ of mandamus needs to show you persued "all other means" and are asking the court for assistance as all your other pleas to the VARO were ignored.  

Its important to not skip the other steps (such as contacting the VARO via IRIS, as well as sending a letter to your VARO) because the court can just deny the writ.  

In my case, they asked the VARO "to respond" to my allegations addressed by the writ.  That is what was needed.  The judge can simply deny the writ without asking the VARO to respond.  You need to have your ducks in a row, demonstrating that you had repeatedly requested help from your VARO and it fell on deaf ears.  Dont file a writ out of the blue before contacting the VARO...several times.  Contact them via IRIS, again with a letter, and maybe an email.  Give them 30 days to respond.  Then file the writ, if no response.  

[GeekySquid]

4 minutes ago, broncovet said:

I got good results filing a writ.  Even tho it was denied, it served its purpose and I was awarded full benefits about 3 months after the writ.  

Before you file a writ:  

Send a letter of "intent to file a writ".  A writ of mandamus needs to show you persued "all other means" and are asking the court for assistance as all your other pleas to the VARO were ignored.  

Its important to not skip the other steps (such as contacting the VARO via IRIS, as well as sending a letter to your VARO) because the court can just deny the writ.  

In my case, they asked the VARO "to respond" to my allegations addressed by the writ.  That is what was needed.  The judge can simply deny the writ without asking the VARO to respond.  You need to have your ducks in a row, demonstrating that you had repeatedly requested help from your VARO and it fell on deaf ears.  Dont file a writ out of the blue before contacting the VARO...several times.  Contact them via IRIS, again with a letter, and maybe an email.  Give them 30 days to respond.  Then file the writ, if no response.  

Bronco is spot on. If you decide to file the writ, follow the rules. dot the i's cross your t's . don't give them an excuse to deny.

Me, I am going to be calling my political hacks and jerking their leashes to make the VA jump and get it done ASAP... but that is just me.