Legal Opinion

Costanza v. West

United States Court of Appeals for Veterans Claims

Decided January 20, 1999No. 98-2415PublishedCited by 27 opinions

1Opinion of the Court

ORDER

2Per curiam

On December 15, 1998, the petitioner filed a petition for extraordinary relief in the nature of a writ of mandamus. The petitioner asserts (1) that he filed an appeal at the St. Paul, Minnesota, Regional Office on January 14, 1998, (2) that “upon information and belief’ the Secretary has failed to certify and docket the appeal and transfer the appeal to the Board of Veterans’ Appeals (Board), and (3) that it is unreasonable for the Secretary to take more than 90 days to perform these ministerial functions. As a remedy, the petitioner seeks an order of the Court compelling the Secretary…

3Cases cited2 opinions

  1. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  2. Erspamer v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990

4Cited by27 opinions

  1. Rita L. Dicarlo v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  2. Martin v. O'RourkeCourt of Appeals for the Federal Circuit · 2018
  3. John R. Ramsey Et Al. v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  4. Nicholas Ribaudo v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
  5. William R. Young v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2012

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