Berta Posted June 9, 2021 Share Posted June 9, 2021 (edited) 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 June 9, 2021 by Berta Link to comment Share on other sites More sharing options...
0 Mr cue Posted June 10, 2021 Share Posted June 10, 2021 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 More sharing options...
0 HadIt.com Elder Buck52 Posted June 10, 2021 HadIt.com Elder Share Posted June 10, 2021 (edited) 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 June 10, 2021 by Buck52 Link to comment Share on other sites More sharing options...
0 Mr cue Posted June 10, 2021 Share Posted June 10, 2021 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 More sharing options...
0 blahsaysme2u Posted June 18, 2021 Share Posted June 18, 2021 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 More sharing options...
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Berta
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 BertaLink to comment
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lotzaspotz
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 ou
broncovet
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 addres
Buck52
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
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