Bva

[Stayfocus]

Can someone post an example of a writ of mandamus that they submitted to the BVA please.

 

[broncovet]

No.  WHILE I have filed a writ personally (pro se), I filed it with the CAVC.  I have never heard of filing a writ with the BVA.  I frankly doubt they would entertain a writ of mandamus.  

Instead, you can file it with the CAVC.  There is a $50 filing fee (unless that has changed), which is often waived if you have assets under about a million dollars.  If you are Bill Gates, or Jeff Bezos, then pay the fee.  

Since I have "been there done that", if you are patient enough to wait until I have the time necessary, I can help filing a writ.  

Make no mistake:  99% of Writs are denied.  Also, make no mistake.  A writ can accomplish its purpose, which is not to get a "writ approval" , but rather to force VA to grant benefits "but only" when you have tried other means.  

Its not a substitute for an appeal, and it does not "erase" your time limits to appeal.  

You can make a rough draft of your "proposed Writ" and some of the experienced people may be able to help, if you post it on hadit.  In other words we can help to ensure it accomplishes its purpose:  "open up the path" to your deserved benefits, when VA has blocked that path.  

Edited November 9, 2022 by broncovet

[Scottish_Knight]

@broncovet, not to contradict, but CCK, whom I follow to a wee degree has submitted a writ to the Court.  Don't know if it won it's argument, but as understand things have begun to change.  From the verbal statement, it does sound like a Mandamus Writ.

See here:

CCK Writ

[broncovet]

Exactly, Scottish night. Writs are filed with the court (CAVC) not the Board (board of Veterans appeals). 

Veterans get stuff like this wrong all the time.  Filing to the wrong one.  

 

[Mr cue]

Well to start the writ you must send notice to the VA that you plan to do a a writ and why.

An show the cavc that you put the VA on notice.

I have always send my notice to the bva they have the lawyers uploaded and certified mail.

You must also show how you been try to get the error or delay fix.

This is why I make complaints to the white house hotline. It becomes part of your record.

This is why you upload and certified mail statements.

I have done 3 writs the court has told the VA to respond on all of them.

But as other have stated they don't get granted.

But it does get things back moving most of the time 

[Stayfocus]

On 11/12/2022 at 5:46 AM, broncovet said:

Exactly, Scottish night. Writs are filed with the court (CAVC) not the Board (board of Veterans appeals). 

Veterans get stuff like this wrong all the time.  Filing to the wrong one.  

 

You can submit a writ at bva

[Stayfocus]

On 11/12/2022 at 2:57 AM, Scottish_Knight said:

@broncovet, not to contradict, but CCK, whom I follow to a wee degree has submitted a writ to the Court.  Don't know if it won it's argument, but as understand things have begun to change.  From the verbal statement, it does sound like a Mandamus Writ.

See here:

CCK Writ

If your attorney is not a cck attorney, does the writ they submitted on behalf of their client only apply to that veteran?

I mean, the cavc responded to cck or is that response for all backlogged veterans