Hargrove v. Shinseki, 10-7043
Hargrove v. Shinseki, 10-7043, concerned a challenge to the Veterans Court's denial of a petition for writ of mandamus, challenging the Regional Office's proposed reduction in petitioner's disability rating. In affirming the decision, the court held that, because the petitioner had not exhausted his administrative remedies before filing his petition, the Veterans Court did not abuse its discretion in denying mandamus.
As the court wrote: "The Supreme Court explained in Cheney, "the party seeking issuance of the writ must have no other adequate means to attain the relief he desires - a condition designed to ensure that the writ will not be used as a substitute for the regular appeals process.""
- Read the Federal Circuit's Full Decision in Hargrove v. Shinseki, 10-7043
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Or contact an attorney near you: