Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

Writ of Mandamus aka Petition Extraordinaire


Berta

Question

John Wells Esq, who has been on TV, I internewed him long ago for a radio show, instrumental in the Blue Water Navy ( Procipio Case) and is trying to get Guam vet legislation passed, 

was denied his Mandamus writ:

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=CaseSummary.jsp&caseNum=20-5221&incOrigDkt=Y&incDktEntries=Y

It is a prime example of why the CAVC denies most of these writs.

There have been  a few winners over the years- and I am sure I posted those cases here.

The case tells exactly why the writ was denied.

Even lawyers can err in mandamus as well  as even in handling vet claims.

Edited by Berta
Link to comment
Share on other sites

10 answers to this question

Recommended Posts

  • 0

I filed one for my husband in 2008.  We had an attorney handling other appeals for him who told me this was the closest most Veterans come to winning.  We were trying to accomplish moving an appeal out of the old Appeals Management Center where it sat for a very long time by standards back then.  The Judge kept giving the VA deadlines for updates, I think three, before the action was accomplished.  Then the petition was declared moot.  

  • Like 2
Link to comment
Share on other sites

  • 0

Thanks Lotsofspots- long time no see...!!!

I forgot I had filed a Mandamus Writ Many years ago, and also sent a copy of it to my VARO.

The writ was denied but somehow the copy I sent to the RO got some thumbs out of butts.

The specific claim got movement per Peggy,right away  and then they awarded it not too much longer then that..

I am quite sure it was my deceased husband;'s claim for a Higher Rating. He was 30% PTSD in his lifetime.

I had plenty of evidence and they gave him posthumously 100% SC P & T SC PTSD with a very favorable EED.-That award established my Chapter 35 and CHAMPVA benefits and it sent some accrued - the EED was for a 3 years period but in those days the Regulations were for only 2 years of accrued.

They could have awarded this claim in my husband's lifetime.He was never denied for his 2 claims.He almost wished they would deny them sometimes, so he could fight back, as the  waiting was awful for him, for any decision.

Then again within 2 hours of his first visit to a VAMC, they filed a PTSD claim for him and the Director of this VAMC gave him a solid buddy statement.He asked the director what i PTSD? The director told him a vet center had just opened within a short distance from his home , and to do there and find out what PTSD is, and that is where I met him.

He  kind of proposed to me on our first date. We saw the movie "Platoon".

Since then I have seen it probably 20 times or more.

 

Edited by Berta
Link to comment
Share on other sites

  • 0
  • Moderator

I filed a writ in 2008.  In a nutshell, VA pretty much complied with my requests, and the writ was denied.  

The VA wrote a letter to the judge (of which I was privy to a copy) pretty much addressing much/all of my complaints in the writ, basically they said they did nothing wrong, but they promised not to do it any more.  (lol).  

They asked the judge to deny my writ, as they had "answered my complaints".  

Low and behold, I got my full benefits in about 3 months or less.  (Imagine that!).  

VA is "terrified" of getting a writ awarded (approved).  The courts are aware of this.  

So, pretty much 99 percent of them are denied, but, especially those Vets with a valid complaint get their benefits.  

My goal was not to get the writ approved..it was to get my benefits.  

I can not go to my grocery store and tell em:

Quote

Ok, I dont have any money for groceries, but I do have an approved writ of mandamus by the CAVC.  Will that work instead of money?

 

They prefer cash, credit/debit card, or check.  They dont accept "writs".  

  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

Frankly, "lots of people" dont have money for groceries for many different reasons.  Often, its because "they spent the money on something else, such as cigarettes, alcohol, or drugs."   And, your kids should not have to go hungry because you were irresponsible and squandered your grocery money on gambling or whatever.  

There really are "hungry" people in America, tho many times they are not visible and are homeless.  And, all too often they are children and are hungry due to no fault of their own.  

 

Link to comment
Share on other sites

  • 0
  • Moderator

I would think when veteran or his VSO /ATTORNEY  FILES A WRIT  IT WAKES THEM UP even if they deny the writ  your claim may start moving closer to a favorable decision.

like broncovet mention his writ was denied but apparently got him some action on his claim.

from what I read  most writs are  flat out denied.  even from attorneys.

  • Like 1
Link to comment
Share on other sites

  • 0

I also feel the writ get the va moving.

If nothing else. To take the next step in a claim. 

 

I was told the cavc doesn't grant many expidate cases.

Well I got my case expidate pro se.

So never say Never. 

I am in the process of get ready to do my first writ on my cavc remand to bva.

Cavc remand effective dates for my smc. The board remand them to ro now they are gone I got a ssoc with nothing about them or addressing them

No one will tell me were they are on va.gov they show closed

 i can't get a answer on if the bva judge decision soon to come are even goin to address them. Remand has been return to bva.

Call ro and they act like there is nothing they can do about it. Smh

I send a copy of my writ to bva and ro and now I see my effective date for smc has change to the date of the ssoc on va.gov now

At least now I feel the judge might address them. So sometimes even saying u are going to do the writ 

Get progress.

If I don't get a call from bva by the 16 about this I will be sending a copy to the va general counsel next week

If I don't get a answer or bva decision by end of month. time to file the writ.

I state all this because before you can do a writ you must have try to get the issue address and no longer have options to get it address.

And show that the bva or ro has and are aware of the issue but refuse to follow the law or address it.

My favor line to the court is the va is causing me a grave injustice.

That line got my cavc case and the mandate on the case expidate.

 

 

 

 

 

Link to comment
Share on other sites

  • 0
  • Moderator

Mr Cue

I wish you the best with this , 

incase you have not read these post? ,you might want to read about some of these post from one of Hadit best   LATE hadit member and Admin CARLIE.  (some good information here)

 late hadit member Carlie /Ms BERTA &BRONCOVET /ASKNOD

also broncovet and Ms Berta  discuss things about filling the write  also asknod .

here is a link that may take you to these past post.

https://community.hadit.com/search/?q=CARLIE ON WRITTING A WRIT&quick=1

 

https://community.hadit.com/topic/53155-va-failure-to-comply-with-remand-order/    ( good info)

 

Edited by Buck52
Link to comment
Share on other sites

  • 0

Thanks buck. I just be mad at all these games

But I will keep pressing button until some body take care of it.

The effective dates are my howell v nicholson issue 

It does make me feel good because if they could have just denied they would have.

So I still hope for the best

 

 

 

Link to comment
Share on other sites

  • 0
On 6/9/2021 at 8:35 PM, broncovet said:

Frankly, "lots of people" dont have money for groceries for many different reasons.

i meant this as "do i need to help someone here- who needs food" i thought you were quoting someone's post..sorry

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines