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Mandamus Instructions

1. If at all possible get advice from an Attorney. This form, and process, is only for those who are unable to obtain counsel and want to try going to the Court, on their own. It is a last resort for those without an attorney.

2. You must always keep in mind that a Writ of Mandamus is an extraordinary petition and that a number of key legal points MUST be present to have any chance of getting one.

3. The VA MUST be violating a clear, and indisputable, right. There can be no gray area, or question of law. It must be a right you are entitled to without question. For example, the right to fair, consistent treatment. The VA cannot act arbitrary, or capriciously. Or the right to have a claim expedited, as in the example Mandamus petition.

4. Next, you must have no “Meaningful” remedy, other then Mandamus.

5. If you feel you are entitled to relief read everything very carefully and proceed.

6. Completely read the blank Mandamus petition. Then read these instructions, and the example petition. Then read everything again. It is best to have everything well thought out and understand what you are doing NOW then to make a mistake and lose.

7. You must understand that MOST Mandamus petitions, even those filed by attorneys, fail. However, the goal is not always to win in Court. Simply filing the Mandamus may get the VA to do what it should have been doing all along. Or it may not.

8. On the blank Mandamus petition you need to erase every RED section, and fill in the required information, where the RED section was.

9. Use the example petition as a guide to see how it’s done.

10. When you are sure you have everything right mail 4 copies of your completed petition to the Court of Veterans Appeals, with the $50 filing fee.

11. Be sure that each time you file a motion, or answer one, you serve a copy on the VA.

12. I hope this helped.