Term: Writ Of Mandamus

[allan]

Term: Writ of Mandamus

Definition: A writ of mandamus is an order issued by a court to compel an agency to act on a decision that has been unreasonably withheld. It is used in the VA context when the VA simply does nothing on a claim after you have asked that it be decided. It cannot be used to compel a particular result -- say, service connection -- only that the VA go up or down on it.

[USACID]

Good morning all. I have been out for a few days with a bad reaction to cessation of some meds.

If your looking for information on a Writ of Mandamus, go to www.findlaw.com. From there type in simply "Mandamus". However, mandamus is usually used in criminal proceedings for example when a lower court refuses to release someone from a sentence. It is of course a very useful tool on administrative agencies since the Mandamus orders that act within a timeline subject to contempt of the violater. I have only observed one mandamus proceeding, and that was when a Texas judge got pissied off becuase someone parked in his parking space and so he jailed him. Hope this helps.

[Pete53]

The Writ of Mandamus has been a useful tool for some who have had their claim stonewalled by the VA usually in the AMC or one of its ratings traps. I don't think it works in the BVA.

For a Writ to be successful the Claimant must show that the lack of action is causing harm and that the Vet has a right to see the reliefe.

Alex Humpfrey who posts here occasionally says that he will wait a year and one half. Write a letter to VA telling them that he will file a Writ of Mandamus in 90 days and than warn one last time. When the Writ is filed the VA usually Acts unless a mistake was made in the Writ.

Writ of Mandamus is a Court Order telling the VA to render a decision. The VA has never lost on a Writ but they usually act not to have it show on record against them