Veteranclaims’s Blog

October 8, 2014

When VA Refuses to Act Expeditiously

Filed under: Uncategorized — veteranclaims @ 2:07 pm

Regular readers of Veterans Court decision may of noticed a trend which seems to be developing in Writ[Mandamus] decision being issued by the Court.

The Secretary recently provided mail handling procedures for the Secretary’s Office, which we have reproduced below.

This mail handling procedure seems to goes along with the Veterans Court’s recent citation to DiCarlo in Roberts v. McDonald[see below] maybe prove helpful in determining when to file a Writ, following mail directed to the Secretary of the VA.

The Veterans Court stated in Roberts v. McDonald, No. 13-1240(Decided October 7, 2014):

“If the appellant believes that the Secretary is not adjudicating the matter expeditiously, she should request that the Secretary adjudicate it; if the Secretary refuses, she can seek relief from this Court. See Dicarlo v.Nicholson, 20 Vet.App. 52, 56-57 (2006).”

Sec Mail Handling

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