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Writ Of Mandamus

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4 replies to this topic

#1 grent

 
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Posted 23 May 2012 - 10:40 AM

HI

CAN ANYONE IN THE FORUM SHOW ME WHAT THE HEADER LOOKS LIKE OR HOW TO JUST COPY OR TYPE UP A WRIT OF MANDAMUS

IS THEIR A LINK TO GO TO THAT SHOWS WHAT IT SUPPOSED TO LOOK LIKE?


IS IT EASEY TO DO??

SHOULD I SEND IT RETURN RECEIPT GREEN CARD

MEMORIAL DAY IS MONDAY?


THANKS

GT

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#2 Pete53

 
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Posted 23 May 2012 - 12:25 PM

You can find all you need here on Hadit about the Writ and you can always ask questions in the Forum'
'
'
http://www.hadit.com...sexample001.htm

#3 broncovet

 
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Posted 23 May 2012 - 12:27 PM

I can help as I filed a writ. Before you begin, file a Notice of Intent, something like this:


The Veteran, Joe Smity, hereby gives notice of intent to File a Writ of Mandamus demanding the VARO in City, State, act on the Veterans pending claims including TDIU, which has been delayed and not acted upon for at least 5 years 2 months. Some of the Veterans other claims, such as claims for ........., have also gone on for years without an appropriate decision from the VARO.
The Veteran's claim for increase in disability due ........., and TDIU were informally filed on a medical exam and ignored by the VARO decisions of date and date The Veteran charges that by ignoring these claims, the VARO not only committed CUE but “broke the promise” of the letter sent by the VARO on date of VCAA letter. In the said letter (Referenced by ), the VA promised on page 2..........


In a nutshell, give your reasons for filing a writ. Explain that you have tried repeatedly to resolve
the issue, but the RO has not taken appropriate action in .....years. An example of a reason for filing a writ is to compel
the RO to comply with regulations, when they have failed to do so.
IF you file an "Intent to file a Writ", the CAVC will likely order the RO to "answer" your writ. They did in my case. If you skip this, however, your writ may not accomplish its purpose to compel the RO to take action on your claim.

Edited by broncovet, 23 May 2012 - 12:34 PM.


#4 broncovet

 
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Posted 23 May 2012 - 12:36 PM

I will add that filing a writ will take time, and you have to pay $50 to file papers at the CAVC. You can ask for a waiver of these fees if you feel it is a hardship and explain why.

#5 grent

 
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Posted 23 May 2012 - 09:16 PM

I can help as I filed a writ. Before you begin, file a Notice of Intent, something like this:


The Veteran, Joe Smity, hereby gives notice of intent to File a Writ of Mandamus demanding the VARO in City, State, act on the Veterans pending claims including TDIU, which has been delayed and not acted upon for at least 5 years 2 months. Some of the Veterans other claims, such as claims for ........., have also gone on for years without an appropriate decision from the VARO.
The Veteran's claim for increase in disability due ........., and TDIU were informally filed on a medical exam and ignored by the VARO decisions of date and date The Veteran charges that by ignoring these claims, the VARO not only committed CUE but “broke the promise” of the letter sent by the VARO on date of VCAA letter. In the said letter (Referenced by ), the VA promised on page 2..........


In a nutshell, give your reasons for filing a writ. Explain that you have tried repeatedly to resolve
the issue, but the RO has not taken appropriate action in .....years. An example of a reason for filing a writ is to compel
the RO to comply with regulations, when they have failed to do so.
IF you file an "Intent to file a Writ", the CAVC will likely order the RO to "answer" your writ. They did in my case. If you skip this, however, your writ may not accomplish its purpose to compel the RO to take action on your claim.

thank you
grent

You can find all you need here on Hadit about the Writ and you can always ask questions in the Forum'
'
'
http://www.hadit.com...sexample001.htm

thank you

grent

I can help as I filed a writ. Before you begin, file a Notice of Intent, something like this:


The Veteran, Joe Smity, hereby gives notice of intent to File a Writ of Mandamus demanding the VARO in City, State, act on the Veterans pending claims including TDIU, which has been delayed and not acted upon for at least 5 years 2 months. Some of the Veterans other claims, such as claims for ........., have also gone on for years without an appropriate decision from the VARO.
The Veteran's claim for increase in disability due ........., and TDIU were informally filed on a medical exam and ignored by the VARO decisions of date and date The Veteran charges that by ignoring these claims, the VARO not only committed CUE but “broke the promise” of the letter sent by the VARO on date of VCAA letter. In the said letter (Referenced by ), the VA promised on page 2..........


In a nutshell, give your reasons for filing a writ. Explain that you have tried repeatedly to resolve
the issue, but the RO has not taken appropriate action in .....years. An example of a reason for filing a writ is to compel
the RO to comply with regulations, when they have failed to do so.
IF you file an "Intent to file a Writ", the CAVC will likely order the RO to "answer" your writ. They did in my case. If you skip this, however, your writ may not accomplish its purpose to compel the RO to take action on your claim.

thank you

grent




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