Today, in frustration, I filed for my EAJA fees on my Extraordinary Writ of Mandamus again by asking to go around Judge “Denied!” Davis. Realizing you cannot teach the fine points of law to a biased mentality, and seeking to teach other Veterans how this process works, The filing was anticlimactic. LawBob Squarepants dutifully filed at my behest. He does so with qualms the Court may find this motion frivolous. Here’s Davis’ flawed denial. EAJA denial
As I discussed in the earlier dissertation on the applicability of Buckhannon/Brickwood jurisprudence and it’s “catalyst” theory, what we have here is a different can of beans. The Extraordinary Writ was filed purely to force compliance with a previous order. Since the CAVC has no judicial motion you can file to do this other than a Writ, this was my weapon of choice. To a hammer, everything looks like a nail. Figuring I ought to go for the most bang for the $50 and ask for everything at once, I threw in all the dirty laundry that was still in the pipeline. Boy, howdy did that ever work.
The Court looks dimly on upstart practitioners who dare tell it how to run its shop. But on the other hand, how can Veterans justice advance without a few cases such as mine wherein we are willing to call them out for an ages-old practice of blanket denials of EAJA fees in Mandamus filings. Mine is one of those unique cases. I won. I won it all. The problem was I won it all on April 23, 2013. It just took a SOC, a SSOC, a phone call and letter to Call me Bob, and lastly my Writ to light the dynamite under their asses. Bob and I think we earned that piddling $3907.74.
It may very well be a short trip to nowhere- a shiny new panel of three with a brand new bitchslap of a denial or…. We may get some forward thinkers at the CAVC with an open mind who feel the Veteran should be paid sooner rather than 22 years later- and be paid in full.. Failing far thinkers, we are preparing for the Federal Circuit on this one. VA is so far out of line and has been for so long that to allow this tyranny to continue amounts to looking the other way. Those who know me understand why I cannot do that. It would be like KIA/BNR all over again. I refuse to leave any more of my brothers and sisters behind on this paper trail.
I look forward to the battle of wit’s… If I were a betting man I would surely make my wager on your efforts as they are in the truest since the right thing to do… As you know, VA nor paid politicians don’t think for themselves as they pay others to do that job for them… I know you will win because you will NEVER give up… I just hope they see that your are correct, and this win would help a lot of Veterans out there who had to use this route because they do not understand the complicated laws written to protect the government, and the only one’s who win from our side are those who educate themselves to applying those very same laws to WIN… I salute you, and stand with you on this my friend…