Jump to content
  • 0

Stayfocus

Question

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

10 answers to this question

Recommended Posts

  • 0
  • Moderator

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 by broncovet (see edit history)
Link to comment
Share on other sites

  • 0

@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

Link to comment
Share on other sites

  • 0
  • Moderator

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.  

 

Link to comment
Share on other sites

  • 0

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 

Link to comment
Share on other sites

  • 0
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

Link to comment
Share on other sites

  • 0
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 

Link to comment
Share on other sites

  • 0
28 minutes ago, Stayfocus said:

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

The cck writ only apply to the veteran they put on it.

What does your lawyer say about the almost 2 year wait.

I don't believe you can do a writ pro se when you have a lawyer on the case.

I believe your lawyer would have to do the writ to the cavc court.

The same way cck did the writ for there ppl 

Link to comment
Share on other sites

  • 0
1 hour ago, Mr cue said:

The cck writ only apply to the veteran they put on it.

What does your lawyer say about the almost 2 year wait.

I don't believe you can do a writ pro se when you have a lawyer on the case.

I believe your lawyer would have to do the writ to the cavc court.

The same way cck did the writ for there ppl 

My attorney says be patient 

Link to comment
Share on other sites

  • 0
32 minutes ago, Stayfocus said:

My attorney says be patient 

According to CCK website, direct review is taking 675 days.

Bva is suppose to adjudicate appeals in docket order, this is not happening.

BVA has no answer as to why they are not following their own guidelines.

Link to comment
Share on other sites

  • 0
12 hours ago, Stayfocus said:

attorney says be patient

Yes there isn't much you can do if your attorney doesn't feel or want to do a writ and feel the waiting is normal.

I think all.you can do is to be patient.

Cck did the writ for there ppl because they feel the Long waits are no legal.

I did a writ because the bva keep removing my effective date appeal from legacy appeal to ama. When I never requested it 

I did a writ because the bva delay was causing harm to health. When my case was advance on the docket do to my need of help.

There are many reasons a writ can be done.

9  out of 10 are denied but sometimes it get things moving again or the cavc will order the VA to respond to the writ.

 

 

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



×
×
  • Create New...

Important Information

{terms] and Guidelines