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|Case Number:20-3907||Docketed: 06/05/2020|
|Luis Negron-Ortiz v. Robert L. Wilkie|
|Appeal From: Department of Veteran Affairs|
|Fee Status: dfh|
“On June 5, 2020, the petitioner, Luis Negron-Ortiz, through counsel filed a petition for extraordinary relief in the form of a writ of mandamus compelling the Secretary to take immediate action to implement a December 6, 2019, Board of Veterans’ Appeals decision that granted a disability rating of 20% for right and left lower extremity diabetic peripheral neuropathy and a 70% disability rating for post-traumatic stress disorder (PTSD), both throughout the claim period, and a total disability rating based on individual unemployability from January 1, 2009; and remanded the issue of entitlement to an effective date for PTSD earlier than May 30, 1997. Petition at 1-2, 8; Appendix at 9-18. The Secretary responded to the petition on June 18, 2020, and asserted that a VA regional office issued a rating decision on June 15, 2020, implementing the awards. Secretary’s Response at 2-4. Later the same day, the petitioner filed an unopposed motion to voluntarily dismiss the petition. Motion at 1. Accordingly, it is ORDERED that the petitioner’s June 18, 2020, motion is granted. It is further ORDERED that the petitioner’s June 5, 2020, petition for extraordinary relief in the form of a writ of mandamus is DISMISSED.”
Maybe the petitioner sent a copy of this writ to the VARO—I cannot tell if that caused the RO to act swiftly on his claim or not-
and I assume he still has an EED claim still open. Very unusual to see this type of situation.The veteran, upon receipt of the award ( this also was a hardship case) correctly filed the Motion to dismiss the Writ.
Read the full thread below
Case Number:20-3907 Docketed: 06/05/2020 Luis Negron-Ortiz v. Robert L. Wilkie Appeal From: Department of Veteran Affairs Fee Status: dfh On June 5, 2020, the petitioner, Luis Negron-Ortiz, through counsel filed a petition for extraordinary relief in the form of a writ of mandamus compelling the ...