CCK partner Zachary Stolz explained the meaning of injunctive relief in relation to VA disability cases at a breakout session of NOVA’s fall 2016 conference on Saturday, September 24, 2016. Zach discussed other injunctive relief as it applies to the VA and the Court of Appeals for Veterans Claims. Citing common types of injunctive relief include preliminary, preventive, mandatory, permanent, restraining order, etc., Zach noted that the most common type of injunctive relief at the CAVC is the act of filing a writ of mandamus.
VA has a massive backlog when it comes to the processing of appeals. Often times, writs of mandamus are filed to speed up VA’s process. Petitioners who file a writ of mandamus must show that they are clearly entitled to the writ and that there is no other way to obtain the relief they seek. They also must demonstrate that they have exhausted all other options to obtain that relief. Zach noted that the CAVC rarely grants injunctive relief, due to the Court giving VA many opportunities to right whatever a veteran is alleging is wrong.
In addition to discussing the basics of injunctive relief at the CAVC, Zach led a discussion with the attendees on recently decided and currently pending cases in which injunctive relief is being sought. Although it is a lengthy and complex road to travel, injunctive relief can be sought at the CAVC when all other possibilities have been exhausted.