Wolford, CSSS

Haytham:

I believe that the short answer is that you can't sue VA until January 3. I attach the appropriate regulations - 38 CFR Sec 74.14: you can ask for reconsideration of a denial. If the Director of CVE reviews and denies a second time on different grounds, you can ask again for reconsideration, but that means that you have to wait another 60 days. The client sent in her second request for reconsideration on November 3, so she can't file an appeal in court from a final administrative decision until the 60 days is up and she gets the second rejection, as I read the regulation. At this point, since she asked for another reconsideration, I think she has to wait the 60 days for an answer. I think a request for mandamus prior to the expiration of the 60 days will be viewed as premature. I understand that the client's livelihood hangs in the balance, but I don't see any alternative. I have looked at the APA and the CFR regs relating directly to vet biz. Under APA you can sue for mandamus or to appeal an unfavorable administrative final decision, but you have to let the administrative practice work first. I'd hate to see her very legitimate claim get bounced out of court on a technicality. Tomorrow I will look to see if there are any cases that are factually on point that might say something different. I'm sorry I didn't get this all done today but there were some computer issues that got in the way today.

Mary Jo Provenzano

Paralegal

PUCKETT & FARAJ, PC

1800 Diagonal Road

Suite 210

Alexandria, VA 22314

703-706-0442 Phone

202-280-1039 Fax

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