Background
Sharon Thurman petitioned for a writ of mandamus concerning proceedings on her claim for accrued veterans benefits. The U.S. Court of Appeals for Veterans Claims had remanded that claim for agency readjudication in May 2022, and the Board of Veterans’ Appeals issued a post-remand decision denying it in November 2022.
Thurman asserted that she did not receive notice of the remand decision and learned of it only after an appointed representative contacted her. Alleging that she lacked a meaningful opportunity to participate and received incomplete or inaccessible Board records, she sought orders requiring production of the complete service record, review of the sufficiency of notice, reconstruction of the docket, adjudication of an attempted January 2023 appeal—including possible equitable tolling or recall of the mandate—and correction of the record to show that she was self-represented.
The Court’s Holding
The Federal Circuit denied the mandamus petition and all other pending motions, concluding that Thurman had not met the demanding standard for the extraordinary remedy. Mandamus requires a petitioner to establish that no other adequate means exist to obtain the requested relief, that the right to relief is clear and indisputable, and that issuance of the writ is appropriate under the circumstances.
The court held that Thurman had not shown mandamus was appropriate to compel the Veterans Court to review the Board’s November 2022 decision or to make determinations related to that review. She also failed to show that mandamus was appropriate—or her only available means—for obtaining records concerning service of the May 2022 decision. Separately, the court granted her motion to change her filing and service selection and accepted her amended notice electing paper filing and service by mail.
Key Takeaways
- Mandamus remained unavailable because Thurman did not satisfy the remedy’s stringent requirements.
- The Federal Circuit would not use mandamus to compel Veterans Court review of the Board’s post-remand decision or related determinations.
- Thurman did not establish that mandamus was the only adequate way to obtain records concerning service of the Veterans Court’s May 2022 decision.
Why It Matters
The nonprecedential order underscores that alleged notice and record-access problems do not, without more, establish entitlement to mandamus. A petitioner must demonstrate both a clear and indisputable right to relief and the absence of another adequate avenue for obtaining it.