Writ of Mandamus in VA Claims – Breaking the Logjam

What It Is

Writ of Mandamus in VA claims is a rare court order from the U.S. Court of Appeals for Veterans Claims that compels the VA to perform a specific legal duty—such as issuing a decision or scheduling an exam—when no other adequate remedy exists. It does not award benefits directly; instead, it forces the VA to take the action it is legally required to take.

Veterans usually consider filing a writ only after exhausting normal channels and experiencing extreme, unjustified delays. The standard for granting one is high, and the court applies a strict three-part test before issuing this extraordinary remedy.

When to Consider Filing

You should consider filing a writ of mandamus only after you’ve exhausted normal VA processes and your case is stuck in an unreasonable delay. In most situations, this means the VA has failed to act for months or even years despite clear evidence or prior orders to move your case forward.

Examples include the VA ignoring a Board remand, not scheduling a C&P exam after repeated requests, or failing to issue a decision despite all evidence being in the record. Before filing, you should have a clear timeline of the delay, proof of your attempts to resolve it, and a specific action you want the court to order.

Because the court applies a strict three-part test, most writs are denied. But when granted—like in Monk v. Wilkie (2018)—they can break the logjam and force the VA to take action.

Before You File – Quick Self‑Check

• Has it been years, not months?
• Have you documented every attempt to move your case forward?
• Has the VA ignored a clear order from the Board or CAVC?
• Have you contacted your congressperson and gotten no results?
• Do you have written proof of VA inaction (letters, VA.gov screenshots)?

If you can’t check most of these, your writ will probably get denied.

What the Court Looks For

The CAVC follows a strict three‑part test:

1. You have no other way to get what you need.
2. You have a clear and indisputable right to it.
3. Ordering the VA to act is appropriate under the circumstances.

These factors come from the court’s extraordinary‑relief standard (see CAVC Rule 21 and 38 U.S.C. § 7261). If the court thinks the VA is working on it—even slowly—your writ will likely be denied.

What to Put in Your Petition

When you file a writ of mandamus petition with the U.S. Court of Appeals for Veterans Claims, you want to give the court everything it needs to see that action is overdue. Follow these steps:

1. Document the Delay: Create a clear, dated timeline showing how long the VA has been inactive, including any Board remands or prior court orders.
2. Include Supporting Evidence: Attach copies of VA letters, orders, screenshots from VA.gov, or other proof showing that the required action has not been taken.
3. Specify the Action You Seek: Clearly state the exact action you want the court to order—such as scheduling a C&P exam or issuing a decision.
4. Add Your Contact Information: Provide your complete and accurate contact details so the court can reach you or your representative without delay.

Being thorough and specific increases your chances of the court taking your petition seriously and moving your case forward.

How It Works

1. Write the petition. Lay out the timeline and the VA’s failure to act.
2. File with the CAVC. Electronically or by mail.
3. Serve VA’s lawyers. Serve the petition on VA’s Office of General Counsel.
4. Court acts. Grant, deny, or VA moves on its own once nudged.

What Can Happen

• Granted: VA gets a deadline to act—schedule the exam, issue the decision, etc.
• Denied: Court says the delay isn’t bad enough (yet).
• VA Moves Anyway: Filing sometimes shakes things loose.

Learn from Past Cases

Looking at how the CAVC has ruled in past writ petitions can help you understand when this extraordinary remedy actually works—and when it doesn’t.

Search the CAVC database for “Writ of Mandamus” cases:
CAVC Case Search.

• Guide: Search Board of Veterans’ Appeals decisions
• Context: Barry v. McDonough — a CAVC case where the court clarified that the VA must address certain issues before issuing a final decision, often cited in writ petitions when veterans face unlawful delays.
• Example: Monk v. Wilkie (2018) — the CAVC granted a writ of mandamus after the VA ignored prior orders and left a veteran’s claim stalled for years, finding no other adequate remedy and a clear right to relief.

Common Myths

• Myth: A writ will get me my benefits faster.
  Truth: It forces action, not a favorable decision.
• Myth: I can file because I’m frustrated.
  Truth: You need documented inaction that violates the law.

Real‑World Examples

• Win: VA sat on a remand for 5+ years. Court ordered action within 30 days.
• Loss: 6 months to schedule a hearing—court treated it as backlog, not a violation.

Related Guides on HadIt.com

• VA Appeals Explained
• C&P Exam: What the Examiner Wants You to Know
• VA Ratings & Increases: When and How to Request One
• DSM‑5 & PTSD VA Disability Rating
• VA Rating Schedule Changes (2025): What to Know

Bottom Line

If you’ve been waiting so long that your claim feels like it’s in witness protection—and the VA is ignoring its own rules—a Writ of Mandamus might be the only way to get them moving. It’s not easy to win, but it’s one more tool when the system won’t do its job.

Resources:
U.S. Court of Appeals for Veterans Claims •
CAVC Case Search •
38 U.S.C. § 7261 •
CAVC Rules (PDF) •
See also: Rule 21 (Petitions for Extraordinary Relief)

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